The Council Bluffs nonpareil. [volume] (Council Bluffs [Iowa]) 1857-1867, 1864-02-20

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"a. Epsysa -
| By 81 aot approved May d. 1856. Con.
| ereas grated 10 the State II Tova certain
lands, Tor the purpose sf aiding a the
| construction Of Railroad from The city
4of Davenposs vie lows City and Fort Dss
| Moines 10 Council Bluffs, and the con-
| sssraetion OF lhree other railroads therein
specified. Four Companies seyerally
Representing these railroads, had each
been incorporated and were in active OPP
/ Grafton II the date Of the passage of said
IAct. The lands granted TO the State for
The Object above stated 2 embraced every
alternate section designated by odd sec
lions l0miles in width. on each side ofsaid
roads" not previously disposed Of BY the
United States. When any of the odd
sec lions of land within the limits afors-
sid, Lad boon previously disposed Of By
the u, s., sn agent appointed BY the
Governor # Iowa, with the approval OF
the Sec'v OF +he Interior, was, within an
additional dis,. Nnce OF FIVE miles on either
/ aide of the lines OF said roads,to make up
1 the deficiency by.S selecnon from ene
unsold odd sectaans 1T land belonging to
| the u. s. within such Increased ARIA: ~
the terms of said Act Of Congress aneso
Hands soers to be disposed OF strictly for the
purpose of constructing said n. uroads ana
oniv as the work on each road p, 9gressed'
The Legislature, acting in behalf OF the
| State, BY said act was limited in the ex'
| ercise of this general power, for, byTe, <
press provision in Section 4 of said act.
| it is prescribed, that said lands shall be
disposed of only in the following manner:
lst. "A quantity Of land not exceed
ling l20 sections for each of said roads
may be sold at the outstart.
I'd. When the Governor of Iowa shall
certify to the Secretary OF the Interior
| that any 90 continuous miles of any of
said roads is completed, then another
quantity of said lands not to exceed 40
I sections for each Of said roads having 20
contia uous miles completed as aforesaid,
and included within continuous length
of 20 miles of each of said roads, may be
sold; and so from time to time, until said
roads are completed.
Sd. :" If any of said roads are not COM
pletcd within 10 years, no further sale
snail lie made, and the lands unsold shall
revert to the United States"
Upon the authority of the decision of
| the Supreme Court OF Iowa, in the Case
OF Allison vs.. Half Acre, reported in llth
Vol. of Iowa Reports, on page $50, as
sert, that the Act ofCongress above refer
red to, operated EEK proI'rio Vigore" to
convey to said State Of Iowa the legal
title W the odd sections OF land named
in said>Rct But, although thus invested
with the legal title to said lands, the
State held them in trust for certain
use, namely: to aid in the construction Of
said four railroads. In the execution of
| this trust, the State was limited and
bound by the restrictions and conditions
accompanying the grant: that is to say,
she could not, by her legislature, alter the
terms and conditions prescribed in the
Act Of Congress, upon which certa n
quantities of said lands should be dispos-
ed of by sale. for said roads.
| Now, let us examine and ascertain what
has been done under said Act of Con,
gress. On the 2d Of July, 1886, the Gov
ernor Of Iowa convened a Special Session
of the Legislature. BY an act of said
General assembly, approved July IA, '56,
the rights, powers and privileges grant
ed to and conferred upon the, State by
said Act Of Congress were accepted upon
! the terms. conditions and restrictions
therein contained. BY the same Act Of
! the LEGISLATURE. the lands and interests
conferred upon the State by said Act Of
Congress were disposed Of and granted
respectively to the four Railroad & 'mpa-
MES upon the condition that if either IF
said railroad companies shall fail to have
completed and EQUIPPED IS miles Of its
road within years from the LIST of Dec.
| 1856, 80 miles in addition in each veal
thereafter for years, and the remainder
of their whole line in one year thereafter
or on the lst of December, 1865, then
and in that case, it shall be competent
for the State of Iowa to resume all rights
confer red by said Act Of the Legislature
upo the company SO failing. and to re
sumo all rights to the lands thereby
granted aud remaining undisposed of by
the company so failing to have the length
of road completed in manner and within
the time aforesaid" And by another
clause, it was enacted that said com panies
were at oil times to be subject to such
rules and regulations as might from time
to time be enacted by the General As
SembIy Of Iowa, not inconsistent with the
provisions of said Act, and the Act of
Congress first making the grant" From
the foregoing synopsis it will be seen how
the State, by its Legislature, has executed
or attempted to execute the powers an
hexcd to the grant of these lands to her
as trustee for the use of said railroads.
FIRST, BY an act of the Legislature the
legal title Of the State to said lads is ina
parted to the four several railroad COM
panies tor the benefit of whose roads she
had held them. (See the case of Allison
Tvs Halfacre in the llth vol. of Iowa Re
ports above referred toy am not dis
posed to caVil at this transfer by the State
of her legal title in those lands, to said
railroad Companies. Upon the fling OF
q certificate, by the Governor of Iowa in
the Office Of the Secretary OF the interior,
Of the completion of any section of 20
miles of road by any of said R. r. Com
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