The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1862-04-03


what the General As>er by had decided
was sufficient. In sucn eases the agents
should - serving IA term iu tie py'iten
tiarl. and rather than tho' the Safe
should sanction such Things 1t wcuii Ur
h,ltcr for the tubuc morals j; cur pcrpIu
that We >huuld lose the mo0sv
take it. Sir, that the >.t,c slo.li
pey uo obligation unless ii r.' such sa"t
;n-h, he enforced in our crU,t> the sane
as though tIfr c,alm were NJ n natural
p rson. In this view Of tie s,Se suppose
devise be made 10 person in trust,
tor 4 c erection o. an lBstita'.bn OF i.ari.-
lng, Tive devise Is not atuIrther c"r-
tam a. to exteut, but awaits q cyn>trd,-
tlon from a court. The trustee makes
his c"ntrAciS and in all cases stipu!ate-
therein that in no event will be be prr-
sonal'y liable thereon but nat the iartt:s
contracted with must look 10 the pro
e. eds rt the devise, Will a4y one coutead
that when it i as ertained that th2 dc
wise does not 90 TO the e,trut suIprSeH
by IL" parties that the trustees wn,"d be
personally lintr2 And yet ir ca>l, are
parallel, for all these statutcs before rc.
f.rr.d 10 entered into and became a part
of these contracts.
Although these parties are in an un-
fortunate situation their case is no worse
than thousands Of Others who have put
their faith and their money ID worthless
co'r"ratl"ns p"r>"rs lose money hy
l"anln@ to railroad co,upaoies. Paper
towns. &c, relying upon the assets Of
the incorporation, and when the cro Il
c'n'S III" c"nparr property i eA'iaU~t
ed. the parties ruined, hard as i: u.ay
seem they ate not T, rniltrd to suhl"ct
individual property to the payme't Of
their aims. They arc victims Of thcir
own mistaken jud@'uent Of the extent Of
th" security, for the iDycs.ment made
hv them
can conceive of but one event il
which the State W aid be liable to these
parties and that w"u)i be by :raudu ent
diversion Of the proceeds Of the grant to
some other o'i"ct.
II IS stated by sn,n" that we have
abandon, d the improvement of the lhS
Mulne> River ana have turned over the
grant to the kcokuh IT. Dcs Moiucs X
MInncsota Ralir''ad 60 II is true that
whatever there WAS ,"tt # the grant ", 8
given or rather sold to that company in
1898, but ample provision was made for
rhe payment Of these claims by resrryiny
$1,000 acres above the RaccooD Forks
fer that purpose 1t occurred to me that
It AZ the time this transfer was made TO
~" Eai!rD!d Go there was any ut this
grant undispo-ed Of below the Raccoon
F'rk. the creditors Of the impruvcnont
should be pad the value thereof bat on
inquiry find that all tha, pat was dis,
pos i If long bctor" So that the R,irn,d
go. took no Land he'nw tn8t ppiur. l. -
not c"nt"udeI that there has been nus
npphcati"n Of the Grant unless .hat
uu'd be 50 held, aud that could net t..
(oH Is before shown, as the case now
stands the grant does not extend above
that ppint.
There arc other considerations why
his b'lI >houid not pass, which viii
bri"ly state
It proposes that Brown 4 Ai,n.l,r
halt keep up the dam for the period
prescribed IN the lease aud pnv all dam.
agrs TO boats for the obstruction to uav-
'@"'l"n hY r"A>un If the sam. brconine
'H' Of r'paIr Snrpo," such dan a~e>
-h"uId be incurred, and they fail to re
~rond, those snf'@Iin- loss will present
their claims to the State and can with
the same propriety ask payment as these
rites now do on their claim Gcrtic
!, en- seem to think it is no'hing to set
pr'rrdenls in such cases as thiS--that
one General Assembly may repeal what
nnot' rr has enactcd-and that because
We allow this claim other parties have
no right 10 demand that their ciains
should be paid Sir, if TINS bill passes
il should BE- amended so as to authorize
the payment Of all other parties having
like claims, and instead Of being $50 900
it should be S66 600, for !. is naDifestIy
M u~t for the State to pay part Of these
claiws and at the same time leave the
others to CONSUME the tin Of future .tL-
isiaturr~.
Mr.. >pea;;rr. have ioJ;rIcd the 7, q.
son, why / am opposed t. the passage II
this bill l'nportectlv as have stated
thcm conce've 'h+t the propositions |
have laid down az" ,w"rahle The
invi"lahiI;tv @ contracts - the l"nd
which h,ld. the commcrral world -
gether 50 sacred are .hcv considered
that the constitution of the | s ard of
onr cwn >trte provide that no law shail
Re passed imparing their obligation, and
I L., IL =