Cedar Falls gazette. [volume] (Cedar Falls, Iowa) 1860-1895, 1862-01-24

! fled to the State by the Secretary of the In
terror, and at the same time conveyed to TIL
Keokuk, FIT. Dcs MONIES and Minnesota Raj
Road Company its title to all the lands o
said grant which had not been certified t.
the State by the Secretary Of the interior
| except fifty thousand acres reserved for ceI
tain purposes The Dcs MONIES Navigation
and Rail Road Company have conveyed tt
individuals large bodies of the land thus con
vcycd to them. The lines of three Of tn,
Land Grant Rail Roads. ithe Dubuque an6
Sioux City. the Cedar Rapids and Mnnesota
and the Mississippi and Missouri cross ths
Des Moines above its forks, and hence ARISES
a conflict between these companies and their
grantees. and the grantees and the State who
hold portions Of those lands MS part of the
original Dcs Moines River Grant. These
Railroad Companies claim tnatthe Dcs Mones
River Grant never extended above the forks
Of the River at Dcs Moines, and that conse-
qucntly all convcyances made by the State OF
lands above that point. as Des MoincS River
Grants are valid, and that by virtue of the
Rail Road Land Grant they acquired title
to all such lands lying within the limits of
their respective grants.
The State having only conveyed what title
it had to these lands may not be- |, gally liza
hle 10 make good any loss that may result
to others from failure of that title, but Ger
ainly is morally bound. at the least, to do
what may reasonably and fairly done to pro-
tcct the rights and interests Of those threat
encd with such loss When the State grant,
I'd to the Rail Road Companies the lands
granted to the State by Congress for Railroad
purposes, it was not contemplated 10y the
parties, certainly it was not contemplated by
the State, that it was granting to these Com
panies land previously conveyed by the State
to others, and if since the making OF these
grants the Companies who are to receive the
benefit Of them have discovered that by strict
legal construction they are entitled TO more
than was contemplated, either by themselves
or by the State, and are disposed to enforce
strictly these legal rights TO the injury of in
nocent purchasers from the State; the State
may, and think should, hold these Conr.a-
MES to strict compliance with the terms of
the grants made to them. Ifthcse companies
are Gow in default, and ask the indulgence
and cemency Of the State, it seems to me the
State may very properly, before extending
such indulgence and clernency, inquire and
know what indulgence and clemcncy these
Companies will extend to the unfortunate
holders of these lands, and make for the one
with the other such terms and conditions as
may be aqutab!e and Just to ALL
In selecting the lands for the five hundred
thousand acre grant, so called, by some mis-
take the agents Of the State selected and the
officers Of the General Government certified
the to State several thousand acres more than
were covered by the terms Of the grant. This
mistake being discovered application was
made to my immediate predecessor by the
Commissioner Of the IT, S. General Land Of
flee to re.convey to the United States the ex-
cess ofland Upon examination it was found
that part of the land had been already ,old
and conveyed by the State, so that all could
not be re-conveyed. Under those circum-
stances it was agreed between Governor Lowe
and the Commissioner of the General Land
Office that the unsold portion Of this excess
of land should be re-convcyed, and that the
United States should retain of the five per
cent fund coming to this State enough to
pay for such lands as could not be re-convey-
ed by reason Of their sale, at the rate of one
dollar and twenty-five cents per acre. Un-
fortunately, at the time this agreement was
made, the then unsold portion Of the lands
was not withdrawn from market, and since
then still other portions have been sold.-
Governor Lowe by letter relinGuished the IT,
tie of the State in these lands, but quite re-
Gently the Commissioners of the General Land
Offica has applied to me for formal deed of
| at once caused the remaining
unsold portion of the lands to be withdrawn
from market, and would at once have re con
vcyed them, hut have serious doubt whether
al
divest the State of title to land which has been
once vested in the State, whether BY mistake
or otherwise.
recommend that authority be conferred
to settle and adjust this matter on the terms
by Governor Lowe, add also econ
Wy to the Unitesl States any portion of said
excess of lands yet remaining unsold.
The swamp land grant is being slowly ad.
justed with the General Land OfIiceat Wash.
ington City. BY the terms of the law making
this grant, this State will be entitled to receive
in lieu Of swamp lands that had been entered
with land warrants, land scrip emitting the
State to locate "quantity OF like amount
upon any of the public lands subject to entry
at one dollar and a quarter per acre or less"
the Commissioner of the q. S. General
Land Office so constructed this law as to re-
quirc the State to select the lands to which it
may be entitled hereunder. from the lands
Of the United States, subject to entry, at one
dollar and quarter an acre, lying within this
State. The law will not, in my opinion, bear
this construction, and | am cndcavoring to
h I'VE it set aside. so as to allow the selection
of the lands to which the State may be emit
tied to be made in this State or in any other
State or Territory where public lands may be
fund subject to entry, at one dollar and a
quarter per acre.
ltwillbe necessary that an Agent or Agents
be appointed to make these selections, and
you should make some provisions for such
appointment. The lands thus to be selected
will, by the laws of this State, belong to the
Counties within which the lands in lieu of
which they may be selected were originally
located The United States however recog-
nzc only the State as the recipient Of the
grant, and will probably recognize only the
Agent or Agents of the State in making .hese
selections, but as the benefits of the selections
enure to the counties, it would be just and
proper that the counties should bear or re-
fund to the State the expences ofthe agency.
have thus endeavored to place before you
the condition Of the State, so far, as in my
Judgment, your action is needed for its I'M
provement. Your wisdom will doubtless
discover some, perhaps many, particulars in
which legislation will be necessary, that
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