The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1864-01-21

many Of the purchasers have since the re-
vulsiou, failed to pay either principal or IN
terest. Portions Of the lands have thus be-
come forfeited to the State for non-pay-
ment Of the purchase money, and have
been re-sold to other parties. But there is
no sufficient provision of the law requiring
such forfeitures and re-sales to be reported
to any State officer. and the result is that
il is now impossible to ascertain, from any
record At the Capitol the number Of acres
or the particular description OF the several
parcels of the school lands yet unsold.
This condition of affairs should not be
permitted to continue, and | recommend
the enactment Of such laws as will emove
the difficulty.
The Saline Lands and Fun.ls are now "a
part OF the Permanent Fund Of the State
University. call your attention to that
part Of the Report Of the Register Of the
State Land Office, which shows the necessi-
ty for further legislation in regard the
issuance of Certificates Of full payment for
the portion o! these lands already sold, and
recommend that the Treasurer of the Uni.
versity bo authorized to issue such, certif-
Gates, and that power to sell the unsold
portion Of, the ARds be. ysstai in the
Trustees.
In many cases School Lands were sold
prior to 1857, at such high prices that after
that date. they were not worth the amount
daie on them. The purchasers having. cess-
ed to pay either prin cipal or interest.
suggest the inquiry, whether It would not
be well to provide for the surrender Of these
lands to the State. the purchaser being re.
lieved from further liability, BY forfeiting
payments already made, without resort to
legal proceedings.
cali your particular attention, to the full
and able report Of the Register Of the
State Land Office. II contains much val
liable information touching the various land
grants made to the State, and suggest seve
raj points upol which further legislation
| is needed.
TUE 100000 ACRES GRANT.
Ash have elsewhere stated, it is not pos
sible to ascertain. in any off 80 he e, the
amount or the description Of the various
parcels Of this land vet unsold by the State
The records Of the Register show thu
s,ponnt that has been patented to purchs-
ers, but do not show how much of the bal.
snce has been sold or is held under contract
Of sale, and how much is unsold. This is
also true of tho Sixteenth Section lands
The Ninth General Assembly provided by
law, for the purchase, for the use of the
School Fand, Of lands martssged by bor-
rowers of that fund, az security, but the
law does not provide for the making Of q
return to the Register, Of lands thus pur-
chased, and of sales made thereof, by the
officers authorized to SELL Information on
all these points can be hal, llv, in the va
rious counties. Under these circumstances
it is clearly impossible for the State to ex
ercise over these lands and their proceeds,
that viglant superintendenoe Il should exeI.
else. These lauds were granted TO the
State, in trnst, Tor educational purposes,
and good faith to the grsnter, ~ well as the
best interest of the State, involved in the
education Of our youth, ,:require the utmost
care snd vigilance in the execution of tho
trust.
I therefore recomneni the plssase of .
law making it obligatory upon the proper
county officers to make return to the Reg
lister of all the lands of the Sixteenth Sec.
ton. and the 500. 900 Acres Grant, sold in
their respective counties. the dates Of sales,
the names of the persons to whom sold. the
terms Of sale. and the extent to which these
terms have been complied with, the forfeit
ares to the State for non payment, and the
re-sales for the lands thus forfeited, with
full particulars. and like full information
concerning the land mortgaged by borrow
ers of the School Fund, and purchased by
the State fuE the use of said fund 70 se.
cure uniformity, il would be well to require
the Register 10 furnish forms to the county
officers, and, to secure the making Of the
returns. il would also be well to provide for
the punishment Of any officer falling to
make them.
The University Grant Lands ara now un-
der the control Of tn. Trustees of. the Uni
versity, and ths Saline Lands belonging
to the University, should, think, bs un-
der the same control. recommend, how
ever. that the Register be required to call
for, and the Trustees to furnish, informa-
ton in regard to these lands, simuar to
that above mentioned in regard to the
School Lands, that the Register may have,
in his Office full aud particular evidences of
their situation.
the Dls MONIES RIVER GRANT.
Portions OF these lands, above the City of
Des Moines, have been sold to individuals,
whose titles are contested BY certain Rail
road Companies. repeat portion of my
communication to the Ninth General AS
sembly on this subject "a follows:
"rho State having only conveyed what
title it had to these lands, nav not be. le
gally liable 10 make good any loss resulting
to others from a failure Of that title; but.
certainly. it is morally bound, at least, to do
what may be reasonably and fairly dane &,
p, otect the rights and interests of those
threatened with such loss Wnen tn State
granted to the Railroad companies the land
granted to the State by Congress for Rail
road purposes, it was not contemplated BY
the parties, certainly it was no. conteni-
plated by tie State, that it was granting to
these Companies lands previously conveyed
making Of these grants, the Companies who
are to receive the benefit Of them, have dis
covered that. by strice legal constructors,
they are entitled tn more than was contem-
plated, either by themselves or by the State,
and are disposed to enforce, strictly, these
legal rights, to the injury Of INNOCENT pur-
chasers from the State. the State may, and
| think should hold these Companies, in all
things to strict compliance with the terms
Of the grants made TO them. Ifthese Com
panies are now in default and ask the in
diligence and clemency of the State, it seems
to me the State may, very properly, before
extending such indulgence and clemeney,
inquire and know what indulgence and
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 |
m all