Washington telegraph., 1862-02-05
IEnr the Telegraph

Mr.. EDIrDR-There j. NJ question 50
| full Of importance 70 the State nf Arkan-
sas as that Of her landed Interests, fur ID
this lies her main strength, and IL forms
the basis Of that proud, enviabie stand,
among her sisters If the fC0ufederacy,r
which by all j. admitted the future
holds in store for her. This being true,
there l. no question: which deserves at the
hands Of her legislators % careful an in
ve>tigation, 10 order 10 proper disposal and
management. lt l. from this cDnslleri-
ton that | have seen fit lo submit these
few remarks ia reference TO that very i'm
portant class Of lands in our Stlre. known
d the "CalrO aud Fulton Railroad Lands "
| The remarks are based upon my under
stln ling OF the acts Of the Congress uf tile
United States, donating these lands to the
State, a. well as al. subsequent acts Of the
Site Legislature touching the same, and
10 Offering them | an not fully confident
Of the truth Of my position are moi
submitted ln spirit of selt-c1nliience,
challenging refutation, but more with a
hope Gt 4 am found to be In error ID ar
rlylng at my conclusion,) that L may be
able to get the opinion vi others, proba-
bly, better informed upon the subject, aud
whose knowledge OF the law touching
grants, corporations. etc, will entitle their
opinion to more weight aud consideration.
The question j. frequently asked (and
1t Is one to the State OF vital Interest D c1I.
me "Criro and Fulton RpitroGd G,nl-
pdny" make good md Ualid tiHe 10 the
eCen sections ~ land donated 10 the
State tor Railroad purposes BY he
Congress Of the United States, approred
on february, 1888?
With the exception of the % sections
o. land to which the State received al un-
conditional right at the time Uf the .raut
il seems to me that the company has no
authority for selling yne fovt-that it,
sales are illegal and unwarranted, aud con
seauently il can make no title.
BY reference to the act Of Congress do
mating these lands to the State (Which
may be found 10 Gould's Digest, page T5)
it will be found that the grant to the State
was altogether conditional one-made
fur certain urpose--restricting the sale
Of the lands to certain terms-giving ten
years for the completion Of the road, with
time all the misotci lands should revert 20
the Federal Government. The condition
upon which tile land was granted was that
il should be used for the purpose Of build
ing a railroad aud for no other. The
State was authorized to sell ia quantity of
lands not exceeding one hundred aud
twenty sections, and included within a
continuous length of twenty miles of said
road" and no further sales Of lands were
to be allowed, until the Governor Of the
State should certify to the Secretary of the
interior that twenty miles of said road
we're con pleted, and then another like
quantity Of land thereby granted might
be sold, and 50 from time to time, until
said road should be completed, or the ten
years allowed, should expire. All this Is
% show that the title acquired BY the
State from the United States, was merely
conditional, and the act Of the State Leg
islature chartering the company for the
purpose Of surveying and completing the
road, and all subsequent acts touching the
subject, were framed upon this idea, and
were very explicit In its annuDciation--
10 quote the language of the act adopting
the survey after it was reported: "Al
the right conferred by said act Of Con.
gress be, and the same are hereby granted
conveyed, and confirmed to the said
Cairo and Fulten Railroad Company, sub
ject to all the limitations; conditions and
restrictions contained in the act Of Con.
aforesaid; ProUided, That all costs and
| charges incident ID the selection, listing,
control and sale of said lands shall be paid
BY said company, and no part thereof BY
the said State Of Arkansas" etc. With
these facts before u, who, would ask,
would have felt safe In purchasing lands
Of the company previous to the secession