Muscatine weekly journal. [volume] (Muscatine, Iowa) 185?-1890, 1864-01-22

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lands thus purchased and Of sales made there
of by the officers authorized to sell. Infor
nation on i'll thess points can be had, only
in the various counties. Under these circum
cumstances, it is clearly impossible for tn
State to exercise, over these Ian Is and thei
proceeds, that vigilant superintendent i
should exercise. These lands were granted
to the State, in trust, for educational purpos
es, and good faith to the grantor. as well a.
the best interest Of the State, involved in tn,
education of our youth, require the utmos
care and vigilance in the execution of tn,
trust. t-.... ............-su .,v- "a
l therefore recommend the passage of f.
law making it obligatory upon the proper
county officers to make return to the Register
of all the lands of the Sixteenth Section and
the 500 900 Acres Grant, sold in their respect
i've counties, the dates of sale, and the exten,
to which these terms have been complied with
the forfeitures to the State for non-payment
and the re sales of the lands thus forfeited,
with full particulars, and like full information
concerning the lands mortgaged by borrow
ers Of the School Fund, and purchased by
the State for the use of said fund. To secure
uniformity, it would be we'll to require the
Register to furnish forms to the county off.
GERS, and, to secure the making of returns,
itlwould also be well to provide for the pun
ishment Of any officer failing to make them.
The University Grant Lands are now under
the control Of the Trustees of the University
and the Saline Lands, now belonging to the
University, should, I think, be under the
same control. recommend, however. that
the Register be required to call for, aud the
Trustees to furnish, information in regard to
these lands, similar to that above named in
regard to the School Lands, that the Register
may have in his Office, full and particular evi.
dence of their situation.
THE DIES xoINEs 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. l repeat portion ol
my communication to the Ninth General As.
sembly, on this subject, as follows:
"The State having only conveyed what
title it had to these lands, may not be, legally,
liable to make good any loss resulting to oih-
ers from failure of that title; but, certainly,
is morally bound, at least, to do what may be
reasonably and fairly done to protect the
rights and interest 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 granting to these Companies lands pre-
viously conveyed by the State to others; and
if, since the making of these grants, the Com
panies who are to receive the benefit of them
have discovered that, by strict legal construc
ton, they are entitled to more than was con
templated, 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, 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 in
diligence and clemency of the State, it seems
to me the State may, very properly, before ex
tending such indulgence and clemency, en-
quire and know what indulgence and elem
ency these Companies will extend to the un
fortunate holders of these lands, and make
for the one, with the other, such terms ant
conditions as may be equitable and just t.
ALL" ,'.,...
At that session, . law was passed forbid
ding the Governor to certify any further lands
to the Dubuque and Sioux City Railroad
Company, until said Company should have
released to the State, for the benefit of he
grantees, the title to such of the lands y.
were claimed by that Company. No suct
release has heen given, nor have any furthel
lands been certified to said Company.
There is another conflict of title, between
the Des Moines Navigation Company, claim
ing as grantee of the State, and the Railroad
Companies, touching which the Report o
the Register will afford you much valuable
information. 1t is very desirable that thes
conflicts should be settled, because so lon'
as they remain unsettled, the uncertainty o
the title will prevent purchases from either o
the centesting parties, and the lands will re
main vacant.
The joint resolution of Congress. of dat
March Sd, 1861, and the Act Of Congress. o
date July 18th, 1862, concerning these lands
have, in my judgment, put it in the power O
the State, to do something towards an ami
cable and equitable adjustment Of this diff
Guilty, and | recommend that an effort b.
made to that end. I further recommen,
that, if such effort shall fail, the Attorne,
General of the State be directed to bring, o
cause to be brought, in the Courts Of tn
United States, if it may be done, such suit o
suits as will procure from the Supreme Cour
of the United States final decision of thes
vexed questions
THE SWAMP LAND GRANT.
recommend the modification of the lay
approved April 9Th, 1862, providing for tn
appointment Of agents in regard to thes
lands, SO as to allow the appointment of bu
a single agent on the part of the State, IN
to prohibit the appointment Of special agent
by counties. am we'll satisfied thata singl
agent, appointed by the State, will be able t
effect more towards speedy settlement Q
the Swamp Lend business of the State, a
Washington, than larger number will do.
The same reasons which render desirabl
the settlement Of the conflicting claims of tn
Railroad Companies. and the grantees of th
State, to portions of the Des Moines Rive
Grant. apply with equal force to the conflit
of title that has arisen between certain coun
ties and the Railroad Companies as to POI
tons of the Swamp Lands. invite you
careful examination of the question, whethe
you can do anything to bring about settle
ment Of these conflicting CLAIMS
The Swamp Lands are granted to the Stat
upon the condition that the proceeds of sal
lands, whether from sale or direct appropri,
ton, in kind, shall be applied, exclusively, .
far as necessary, 10 the purpose Of re-claimin
such lands, by means of levees and draiu
aforesaid" The State by accepting tn
. grant, covenanted to perform this condition
either directly, or by those to whom sh
granted the lands; and this obligation sti
. remains, and must continue to remain unit
it shall have been done. / recommend
careful examination Of the legislation alread
had in regard to these lands, for the purpos
Of ascertaining if this point has been suA
ciently secured, and supplying additional lei
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