The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1864-01-16

L
s terms OF SALE and the tx tent to when ttese
Q terms have been com piled with, the forfeit
l uroS to tho State Tor non payment, ana tnt
re sales of the lands thus forfeited with thii
particulars, and like fall Inf9rnialion con
] corning Tho lands NOR! sagcd by borrowers
{ OF the School Fnnd, ana purchased by ne
: State fng tie use Of tho said fund To -
, euro uniformity, it would be Woii TO re-
> aure the kegis to furnish forms ~ me
/ county officers, and, to secure tho max \
t OF tho returns, it would also DO well 10 pro
= vide for the punishment OF ANY olEoef Kali
, ing to make them.
The University Grant Lands arc now an
! der the control of the Trustees Of the Uni
verslty, ana the Saline Lands now belong
, ing to the University, should, think, DO
under the same control. recommend,
however. thal the Register be required to
. call for, and tins Trustees to furnish, infor-
nation in regard to these lands, similar 70
, that above mentioned IN regard to the
+ School Lands, that the Register may have,
f in his office full and particular evidence 81
their situation.
THE DIES MONIES RIVER GRANT.
Portions of these lands, above the City OF
Des Moines, have been sold to individuals,
whose titles are now contested by certain
Railroad Companies. repeat a portion OF
my communication to the Ninth General
Assembly on this subject, as follows:
1.-The State having only conveyed what
title it had to these lands, may not be. le-
gally liable to make good any loss resulting
to others from Il failure OF that title; but,
nertainly, is morally bound, at least, to do
what may he reasonably ana fairly done
TO protect the rights and interests OF those
threatened with suca loss. When the State
granted to The Railroad Companies the
lands granted TO the State by Congress Tor
Railroad purposes, il was not contemplat
ed by the parties, certainly Il was not con-
| Ia mis- - l.
| ing to these Companies, lands previously
conveyed by the state 10 others and IL,
since The making OF these grants, the Com
panieS who are 10 receive the benefit ~
them, have discovered that, by strict legal
| construction, they are entitled to more than
was contemplated, either by themselves on
by the State, and are disposed to enforce
strictly, these legal rights, TO the injury OF
innocent purchasers from the State, the
j State may, and think should hold these
Companies, in ali things TO strict COM
pliance 18th the terms Of the grants made
| to them. Ii these Companies are now in
default and ask the indulgence and Gem
eIcy of the State, il seem, 10 me the State
may, very properly, before extending such
indulgence and clemency, inquire and
know what indulgence and clemency
| these Companies Will extend 10 tho I'M
| fortunate holders Of these Lands, and make
| for the one, with tire other, such terms and
| conditions as may be equitable aud just to
ALL"
Al that Session law was passed forbid
ding the Governor 10 certify any further
Lands to the Dubuque and Sioux City Rail
road Company. until said Company should
have released To the State, for the benetito II
her grantees, the title 10 such OF these lands
as were claimed by that Company. No
such release mas been given. nor have any
further Lands been certified 20 said Com
pany.
There IS anothec conflict OF title between
the pes Moincs Navigation Company,
| claiming as grantee Of the State, and the
Railroad Companies, touching which the
Report of the Register viii afford you
much valuable Information. II is very de-
sirable that these conflicts should be set
tied, because so long us they remain I'M
settled, the uncertainty OF the title VIII
prevent purchases from either Of the cun-
testing parties, and the lands Will remain
| vacant.
The joint resolution Of Congress. of
date March Sd. 1861. and the Act of Con-
gress, of dat. July 18th, 1852, concerning
these lands have, iii my judgment, put il
| in the power OF the State to do something
towards au amicable and equitable adjust
ment of this difficulty, and / recommend
that AKA effort be made TO that end. / fur
| thcr 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 il NAV
| be done, such suit or suits AS will procure
from the Supreme Court OF the United
States Il final decision of these ,cxed aups
tons.
THE SWAMP LAND GRANT.
| recommend the modi Ecat!on of the law
approved April 6th, 1852. providing for the
appointment of agents III regard 10 these
lands, so as to allow the appointment; oil
but single agent on the part Of the State
and to prohibit the appointment Of special
agents by counties. am we'll satisfied
that single agent, appointed by the State
will be able to effect more towards a speedy
settlement of the Swamp Land business Of
the State, at Washington, than a larger
number will do.
The same reasons which render tles;ra-
bic the settlement OF the conflicting claims
of the Railroad Companies, and the gran
tees OF the State, 70 portions of the DeS
Mones River Grant. apply with equal
force to the conflict ol title that has arisen
between certain counties and The Railroad
Companies as TO portions Of the Swamp
Lands. invite your careful examination
Of the question, whether you can do any
thing TO bring about settlement OF these
contlictiug claims.
The Swamp Lands are granted to the
State upon the condition THAT the proceeds
OF said lands, whether from sale or direct
appropriations, in Kind, shall be applied,
exclusively, as far rs necessary, to the pur-
pose of re-clainlins such lands, by means
of the levees and drains aforesaid" The
State by accepting this Grant, covenanted
to perform this condition, either directly,
or by those to whom she granted the lands;
and this obligation still remains, and must
continue to remain until il shall have been
done. I recommend u careful examination
Of the legislation already had in regard
to these lands, for the purpose of ascertain
ing if this point has been sufficiently Sc
cured and supplying nalleGisla.ion,
should it be found necessary.
I invite your special attention to that
portion of the Report OF the Register rcla-
ting to the decision Of the Secretary Of tho
Interior, changing the form and substance
of the proof required, of the swampy char
acter of the lands sold by the United States,
after the daye of the Swamp Land Grant,
for which the United States are to indem-
Nifty the State, and the decision Of that Off |
Ger, cutting off all claims FOR indemnity in |
counties where the Swamp Land selections |
were made after the third Of March, 1857; |
and l recommend that you take the action |
k,x