Cedar Falls gazette. [volume] (Cedar Falls, Iowa) 1860-1895, 1864-01-22

officers to make return to the Register Of all q
the lands of the Sixteenth Section and the S
500, 900 Acres Grant, sold in their respective Q
counties, the dates of sale, the names of the a
persons to whom sold, the terms of salo, and Q
the extent to which these terms have been 3
complied with, the forfeitures to the State for )
non-payment, and the re-salcs Of the lands s
thus forfeited, with full particulars, and like '
full information concerning the lands mort. ,
gagged by borrowers Of the School Fund, and
purchased by the State for the use Of tho said .
fund. To secure uniformity. it would DO well {
to require the Register to furnish forms to the
county officers, and, to secure the making of
the returns, it would also be well to provide
for the punishment Of any officer failing to
make them.
The University Grant lands are now unde"
the control of the Trustees of the University.
and the Saline Lands now belonging to the
University, should, think, be under the
same control. | recommend, however, that
the Register be required to cali for and the
Trustees to furnish information in regard to
the School Lands, that the Register may have,
in his office, full and particular evidence Of
their situation.
THE DEs MONIES RIVER GRANT.
Portions of these lands, above the city of
Des Mones, have been sold to individuals
whose titles are now contested by certain
Railroad Companies. | repeat a large por-
ton Of my communication to the Ninth Gen.
eral Assembly on this subject, as follows:
"The State having only conveyed what
title it had to these lands may not be liable
to make good any loss resulting to others
from failure of that title but certainly is
morally bound, at least, to do what may rea-
sonably and fairly be done to protect the right
and interests oil those threatened with such
loss. When the State granted to the Rail.
road Companies the lands granted ta the
State by Congress for Railroad purposes, it
was not contemplated by the parties, certain.
ly il was not contemplated by the State, that
it was granting to these Companies lands
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, strict
iy, these rights, to the injury of innocent
purchasers from the State, the State may,
think should hold these Companies, in all
things to q strict compliance with the terms
Of the grants made to them. If these Com
gence and clelnency Of the State, it seems to
me the State may, very properly, before ex
tending such indulgence a3d clemency, in.
qure and know what indulgence and clemen.
cy these companies will extend to the unfor.
tunate holders Of these lands and make for
the one with the other, such terms and con.
ditions as may DO equitable and just TO all.
1 At that session q law was passed forbid.
ding the Governor to certify any further lands
to the Dubuque & Sioux City Railroad Com.
pany, until said company should have rcleas-
ed to the State. for the benefit Of heF grantees
the title to such Of these lands as were claim
ed by that Co. No such release has been
. given, nor have any further lands been certi.
, fed to said Company.
There is another conflict Of title between
the Des Moines Navigation Company, claim.
E ing as grantee of tho State, and the Railroad
Companies. touching which the report Of the
Register will afford you much valuable in.
formation. 1t ID very desirable that these
> conflicts should DO settled, because SO long as
they remain unsettled, the uncertainty of the
tide will prevent purchases from either Of the
= contesting parties and the lands will remain
r unsettled.
The joint resolution of Congress, Of date
| March Sd, 1861, and the Act Of Congress OF
+ July 18th, 1862, concerning these lands have
in my Judgment, put it in the power Of the
State to do something towards al smi"able
and equitable adjustment Of this difficulty
: and | recommend that an effort be made to
that end further recommend that, if such
8 effort shall fail, the Attorney General of the
J State be directed to bring, or cause to bs
l. brought, in the Courts of the United States
n il it may be done, such suit or suits ms will
n procure from the Supreme Court Of the Uni
/ ted States final decision Of these vexed
9 questions.
THE SWAMP LAND GRANT
n I recommend the modification of the Law
9 approved April 9Th, 1862, providing for tht
g appointment of agents in regard to these
lands, so as to allow the appointment of bu
r single agent on the part of State, and t.
4 prohibit the appointment Of special agents
o by counties. | am well satisfied that singl,
. agent, appointed by the State, will be able tt
q effect more towards speedy settlement o
s the Swamp Land business of the State, n
4 Washington than larger number will do.
. The same reasons which render desirable
|, the settlement of the conflicting claims of tn,
Railroad Companies TO portions Of the De-
r. Moines River Grant, apply with equal fore,
to the conflict Of title that has arisen between
|. certain counties ard the railroad companie.
as to portions Of tho Swamp Lands. invit,
n your careful examination Of the question
e whether you can do anything to bring abou
Il settlement Of these conflicting claims.
e The Swamp Lands are granted to the Stat
v upon tho provision that the proceeds o
,, said lands, whether from sale or direct ap
" preparation, in kind, shall be applied excll,
d sively, as far as necessary. to retaining sucl
!. lands. by means Of the lsvecs and drain
|. aforesaid" The State, by accepting thi
d grant, covenanted to perform this condition
$. either directly, or by those to whom sh
granted the lands; and this obligation still
a remains, and must continue to remain unit
,r it shall have been DONE | recommend
It careful examination Of the legislation alread
d had in regard to these lands, for the purpos
). Of ascertaining il this point has been suifl
Il ciently secured, and supplying additional leg
Is islation, should it be found necessary.
d invite your special attention to that POI
q ton of the Report Of the Register relating I
0. the decision of the Secretary o: the Interio
changing the form and substance of the proc
II required of the swampy character Of the Ian
to sold by the United States after the date {
y. the swamp land grant, for which the Unite
Is States are to indemnify the State, and the d.
is cision Of that officer, cutting off all claim
for indemnity in counties where the swan
land selections were made after the third {
March, 1857; and | recommend that yo
u take the action suggested by the Register o
ne these points. There can be no good reaso
r. why the claims Of Iowa. under this gran
: shall not be settled upon as liberal terms o
NJ the claims of other States; and it, by war
10 of county organizations in a portion Of OF
10 State, the proper steps were not taken to 81
10 cure these lands in those counties, within ii
ne time limited by law, have no doubt th'
81 Congress will, upon proper presentation
SO the facts, extend the time so that it may y
ds Ia aana