The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1862-03-08

i ~ soe VARIOUS AAurOeo QuoesIOne Doiote tno
i Legislature and in the deasth Of more exciting
nevs succincs statement Of the posture Of af.
fairs and the matters Of difference may b read
with some degree of interest
proving the navigation Of the Dsrmoines river.
Subsequently Q question arose whether that
grant extended above the Raccoon Fork Of the
Desmoines river. This question remained IN.
settled, sometimes being decided BY the sxecu-
tive ofhcefs At Washington In one way, and
sometimes another, Il vas held BY some 70 ex-
tend only to Raccoon Fork; BY others to the
northern boundary Of the State and still BY
oshers, to extend to the surveys Of the Desmoines
in kinnesota. ~
The question, however was purely judicial
one, depending upon the construction 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 the
| Dub.ous Pacific Railroad Company w. Litch.
field, against the claim TO lands above the Rae.
coon Fork. Pending the ousstiou. however, the
st.te aold anne of the lands claimed above the
RfAFEr In noN 3ys
| tler,. and sub.eouently copyeyed al ass inssrea
Of the State in ,uch lands not before dispoeea of
| to thu De,moipes Navigation and Railroad Com.
n.nv gar
In 1853 Congress granted 70 the State large
.u,o.,. of lana. =, I.;a In con..ruct;.v four
R.,lro.da .cro.a The ss.t. from the ni..l,aipp;
~. r;..ou,; river tS.16
mh... 80. 80. .e,..-.,,. ,onf fs,,ssd n,,on /,
c.e,.;, Rs;l,o.a Comn.n,... subect however to
.o,A ,A,t,,,,,. ,,,,,, .h.l f.;lurs 10 comnlv vith
,hioh the state reserved the right to resume.
4 aimil.r rieht Of RESUMPTION vas reserved in
the Dea Moines Navigation and Railroad Com.
n.nv Thi. latter Comp.nv should have com.
n,.,ad nv last D.c.mher 7s mile. Of road up
~. r.. u.;... v.,,., f.or, ps,ton.nort hnt
-. oo,n.l.t.a on,v 10 mile. "a reouired bv Law.
~ !. u;..,..,,,, nd n;..o.,, R;,.r comnanv. Il
,,na.....aa 4. 5.,.o ;n aef..,t mt h.vine
.n;.. oo,,,,s.ed -. ,.r.tb or road reou;red nv
=. =. ...n.,n. -. l.,d. - that r,omn.nv nv
~. a.. A., oc n...,oh.r last. The Cedar Ra.
.;a..,a u;..,.,, p.;,.o.d comn.,v have oom.
a,...a ~. I.n.,h of road reonirad hv tho sec.
nd ..o.;o, of Tho at Rut thia Comp.py was
,.or;.ed \, .bs Stat. l.v Granting the lands to
!. - hu;,d . ,hor. lin. oommonlv char. .cterixed
:, up,uo ~ from LYONS TO Clintop-bv the
ar.t d.v &c I.nu.rv 1891. and that thew should
mot comm.nce the construction Of their road
f.rtber west than Marion in Linn county, and
nrovided that the Governor should not certify
snv Of the lands 70 the COMPANY until the Ly.
ons and rarion "Plurs.n 10 called, should bs
oon,trocted bv the COMPANY. These ..PluRs.
nave not vet been built and the Company COM
menced their road at Cedar Rapids west Of Ma.
rion. The DUBUQUE and Pacific (now Dubuque
and Sioux City) Company, are also in default in
NO. completing the length Of road required by
the law granting the lands to that Company.
The State having conveyed to actual settlers
some Of the lands claimed under the Des Noines
River grant, which are now claimed by the
Railroad Companies under the Railroad grants;