The Iowa transcript. (Toledo, Tama County, Iowa) 1858-1866, 1862-03-20
RAILROAD INTERESTS.

Mn. EDITOR: Considerable interest
is now felt in the various Railroad qucs-
tions before the Legislature and in the
dearth gilmore exciting news succinct
statement of the posture Of affairs and
the matters OF difference may be read
with some degree Of interest.
In 1916 Congress made grant to
aid in improving tho navigation Of the
Des Moines river. Subsequently Il
question arose whether the grant ex-
tended above the Raccoon Fork of the
Dcsmoines river. This question re.
manned unsettled, sometimes being de-
cidcd by the executive officers at Wash
ington in one way, and sometimes an
other. 1t was held BY some to extend
only to Raccoon Fork; by others to
the northern boundary OF the State;
and still by others, to extend to the
surveys of the Desmoincs in Minnesota.
The question, however was purely =
judicial one, depending upon the con
strnction Of the act Of Congress making
the grant to the State.
In 1859 the Supreme Court of the
United States decided the question in
the case OF tie Dubuque Il Pacific
Railroad Company IS Litchiield, against
the claim to lands above the Raccoon
Fork. Pending the question, however
the State sold some Of the lands claimed
above the kaccoon Fork to occupying
claimants and settlers, and subsequent
" conveyed al the iateres of the State
in such lands not before disposed Of
10 the Dcsmoines Navigation and Rail-
road Company.
In 1856 Congress granted to the
State a large amount of lands to aid IN
constructing four Railroads across the
State from the Mississippi to the Misou-
ii River.
These grants were afterwards confer
red upon certain Railooad Companies,
subject however to conditions upon the
failure to comply with the State rescrv-
I'D the wight to resume. Asinilar right
Of resumption was reserved in the Dcs-
Moiles Navigation and Railroad Com
pany. This latter Company should
have completed by last December %
miles Of road up the D-smoines valley
from Renton>poft, bnt has completed
only 80 miles rs required by law. The
Mississippi and Missouri River Company
It is understood is also in default, not
having quite completed the length Of
road required by the act granting the
lands to that Company, by the first d'y
Of December last, The Cedar Rapids
and Missouri Railroad Company have
completed the length Of road required
hy the second section of the act. Blu,
this Company was required by the
State law granting the lands to it, to
build short line, commonly character
lied asa Plug, from Lyons to Clinton
by the first day OF January, 1861, and
that they should not commence the con-
strnction OF their road farther west
than Marion in Linn County, and pro-
vded that the Governor shall not
certify any Of the lands to the Compa-
ny until the Lyons and Marion plugs"
SO called, should be constructed by the
Company. These "Plug>' have not
yet been built, and the company COM
,nenced their road at Cedar Rapids
west Of Marion. The Dubuque and
Pacific (now Dubuque and Sioux City,
Company, are also in default in not
completing the length OF road required
by The law granting the lands to that
Company.
The State having conveyed to actu
al settlers some of the lands claimed
under the Des Moincs River grant
which are now claimed by the Railroad
Companies under the Railroad grants;
It IS deemed incumbent on the State to
adjust these matters IN such manner
as to protect the interests Of the settlers.
In the same manner there is conflict
Of claim between the Railroad Compa-
MES crossing tho Des Mnines River
above the Raccoonn Forks and the
Des Moines Navigation and Railroad
Companies; the latter claiming lands
within the limits Of the Railroad grants
which remain undisposed Of by the State
to actual settlers.
The Governor in bis annual massage
advised the legislature to relieve the
State from embarrassment in regard to
the settlers to whom the State had con-
veyed, BY requiring the Railroad comma