The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1864-01-28
TIPTON, IOWA, JAN. %, 1864.

think, be under the same control |
recommend, however, that the Register
be required to call for, and the Trustees
TO furnish, information in regard to
these lands, similar to that above men.
toned in regard to the School Lands,
that tho Register may have, in his office
full and particular evidence of their sit.
nation.
THE DEs MONIES RIVER GRANT
| Portions Of these lands, above the city
Of Des Moines, have been sold to iudi .
viduals, whose titles are now contested
by certain Railroad Companies. l re-.
peat a portion Of my CON munication to
the Ninth General Assembly on this sub.
jsct, as follows:
/ "The State having only conveyed what
title it had to these lands, may not be,
legally liable to make good any loss re-
sulting to others from the failure Of that
title; but, certainly, is morally bould. at
least, to do what may be reasonably and
fairly done to protect the rights and 10
terests Of those threatened with such loss
When the State granted to the Railroad
companies the lands granted to the State
by Congress for Railroad purposes, it was
not contemplated by the parties, certain.
ly it was not contemplated by the State,
that it was grantiog 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 discov.
cred that, by strict legal construction,
they are entitled to more than was con-
tenplated, either by themselves or by
the State, and are disposed to enforce,
strictly, these legal rights, to the injury
of innocent purchasers from the State,
the State may, and I think should hold
these Companies, in all things to strict
compliance with the terms Of the grants
made to them. If these Companies are
now in default and ask the indulgence &C
and clemency of the State, it seems to me
the State may, very properly, before ex-
tending such indulgence and clcmency,
inquire and know what indul gence and
clemency 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
equitable and just to ALL"
At that session a law was passed for
bidding the Governor to certify any
further lands to the Dubuque and Sioux
City Railroad Company, until said Com
papy should have released to the State,
for the benefit of her grantees, the title
to such Of these lands as were claimed
by that Company. No such release has
been given, nor have any further lands
been certified to said Company.
There is another coAict Of title between
the Des Moioes Navigation Company,
claiming as grantee Of the State, and the
Railroad Companies, touching which the
report Of the Register will afford you
much valuable information. 1t is very
desirable that these conflicts should be
settled, because SO long as they remain
unsettled, the uncertainty Of the title
will prevent purchases from either of the
coutestiug parties, and the lands will re-
main vacant.
The joint resolution of Congress, Of
date March Sd, 1861, and the Act of
Congress, of date July 18th, 1862, con.
ceruing these lands have, in my judg-
ment, put it in the power Of the State to
do something towards an amicable and
equitable adjustment of this difficulty,
and recommend that an effort be made
to that end. I further recommend that,
if such effort shall fail, the Attorney
General of the State be directed to bring,
or cause to be brought, in the Courts Of
the United States, if it may be done,
| such suit or suits as will procure from
the Supreme Court of the United States
a tnal decision of these vexed questions
TIE SWAMP LAND GRANT.
| recommend the modification of the
law approved April sth, 1862, providing
for the appointment of agents in regard
to these lands, so as to allow the appoint
ment Of but single agent on the part of
the State; and to prohibit the appoint
ment Of special agents by counties. l
am well satisfied that single agent, ap-
pointed by the State, will be able to
eff 'ot more towards a speedy settlement
of the Swamp Laud business of the State,
at washington, than larger number will
do.
The same reasons which render desira-
Bile the settlement of the conflicting
claims Of the Railroad Companies, and
the grantees of the State, to portions of
the Des Moines River Grant, apply with
equal force to the conflict Of title that
has arisen between certain counties aud
the Railroad Companies as to portions Of
the Swamp Lands. Invite your careful
examination Of the question, whether
you can do anything to bring about
settlement of these conflicting claims.
The Swamp Lands are granted to the
State upon the condition "that the pro-
ceeds Of said lands, whether for sale or
direct appropriation, in kind, shall be
applied, exclusively, as far as necessary,
to the purpose of re-claiming such lands,
by means of the levees and drains atoro-