The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1864-03-22

; posed to resume these lands and re, graz
to these roads all lands excepting thos
now occupied or claimed by men VIII
purchased Of the State or Navigatio
Company. But here are many question
of fact, Of law and Of equity involve
which we are bound to investigate
Hundreds of families are watching u
with intense interest. The title TO tn
homes which they have made for them
selves and their children after them, de
pends upon our action here. Let us in
quire what right the State had in lhes
lands, how she disposed of them, wheth
er she has right to resume. and if so
what effect resumption will have upol
the actual settler.
Mr.. Holdridge read the Act of Con
gress in 1916, giving to the State o
Iowa for the improvement of the De.
Moines River up to the Raccoon Fork
certain lands on said river. and gave {
history of the improvement of the Des
Moines River while it was under the i'm
mediate control Of The State, and subse
quently while it was under the supervis.
ion Of the Navigation Co., showing tha
$4,000 acres had been sold by the State
TO individuals, and 212, 900 acres by the
State to the Navigation Co., above the
Raccoon Fork.
In 1856 grant Of land was made to
the State in trust for The building of four
Railroads from certain points on the Mis-.
sisslppi River, to certain points on the
Missouri River. Here arose a conflict
of title between the r. r. Co.'S and the
Navigation Company, the Railload Co. Is
claiming all the lands in these limits
which had previously been sold TO the
Navigation Company. The question
was finally settled by the Supreme Court
Of the United States, in 1857, on an
agreed statement Of facts in case be
tween Lichfeld and the Dubuque & Pa
cifc Railroad Company. The question
was then finally and forever settled, tha,
the grant to the State for the improve
ment of the Des Moines River, did not
extend above the Raccoon Fork, hence
the State could give no title to lands
above that point. Mr.. II. said he sup
posed the decision Of the Supreme Court
was entitled to some respect even from
members of the Iowa State Legislature
and he was not aware of any power Civ
en- to this General Assembly to revise
the decision of the highest tribunal in
the land.
And he argued, that inasmuch as the
grant 10 the Railroads was of all lands
in certain limit, that had not been pre-
viously granted TO the State for internal
Improvements and this decision decid
ing that these lands had not been prev.
ously granted to the State for that pur-
pose, therefore they belonged TO the
Railroad Companies unless they had for
feited them BY non -fulfllment Of the
contract. Well what would be the con
sequence supposing these Roads have
not complied with their contract? In
ten years from the time the grant was
made, the lands would revert to the Uni.
ted States, il the Roads were not built
according to agreement The ten years
have not yet expired and will not for
two years TO come. Congress canuo
take any advantage Of this non compli
ance il they would would they if they
could !? No. for at this time bill is be
fore that body to extend the time for
six years. Does the State wish TO take
advantage Of this non. performance on
the part OF the Road if there be any
All parties answer no. Every man who
has favored resumption has been free tc
say that these Roads have been pushed
forward as fast as possible in view of the
many disadvantages they have labored
under. The scarcity and high price o
labor. the corresponding high price o.
material, have all contributed to retard
the progress OF the Roads. What mex
haustible fund have the Companies ,o
draw from TO preven, such work under
such apparently iusurm oun,able Difficult
ties =? BY what invisible power are the '
held above the financial storms which
sweep away like cob webs the deep LAID
schemes Of our shrewdest men? Is i
too much to say that they are entitled to
the same charity and forbearance il
these misfortlnes that other Co.'S are
Mr.. ii, here spoke of the srgumen
that was used, that we must hold the roc
OF resumption over the heads Of the Rail
roads. As much MS to say to the Com
panies. that although You have done nj
that was in your power to do, although