The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1864-02-18
FROM DEs MONIES.
DEs MONIES, Feb. Is. 1864.

has risen up in the path of every Iowa
Legislator for so many years. is here
again, rather complicated than simplifed
by the legislation we have heretofore had
This State has always acted upon the be-
lief that the Des Moines River grant oil
1916 extended at least to the North line
of the State, and the General Govern
ment has through its several departments,
with a few exceptions, always SO construed
the grant until the decision of the Su-
preme Court of the United States in
| 1850 held it to extend only to Raccoon
Forks.
Prior to this decision the General Gov
ernment had certified to the State and
the State had conveyed to individuals
and to the Navigation Company about
300, 200 acres Of land above the Raccoon
Forks, and the balance Of the grant had
been diverted to aid in the construction
Of the X. Fit. D. M & NJ r Il. In 1856
several grants OF land to aid in building
railroads in Iowa were made by Congress.
These grants running cast and west cross
the old Des Moines river grant, and cover
the lands which the State has conveyed.
Many of the grantees of the State are ac-
tual settlers-somo have good farms, 9TH
ers equally worthy have paid their money
for lands within this grant, but are not in
possession. The Navigation Company
has sold most of the lands conveyed to it
By the State and many of the grantees
are in possession.
The railroad grants os 1856 were made
TO the State Of Iotca, and the State con-
ferred them upon certain railroad eompa-
nies, reserving, however, the right to re-
sumo in case of failure to build q GER
tain number of miles of railroad in each
year. No man can reasonably claim that
the Legislature intended to give these rail-
road companies the Des Moines river
lands. The State having already once con-
veyed them it is not to be presumed that
the Legislature would knowingly make a
second conveyance. Such thing was new
er thought of, much less talked about by
the Legislature of 1886. Il was then
considered settled question. NVtwith-
standing these facts, no sooner was the
decision of the Supreme Court announced
than these railroad companies, who were
already the recipients of a magnificent
grant of lands at The hands Of the State,
pounced upon the river lands which the
State had sold, and claimed to hold them
under the railroad grants. This has led
to the difficulty II these railroad com
panies hold the lands, the grantees of the
State. including many of our best citizens,
must suffer. Besides this consideration
there is another of importance. There j $
more than one hundred thousand dollars
of claims against the Des Moines River
Improvement which the State has assum- :
cd and promised to pay out of the re-
mainder of the river grant. Ii the rail-
roads take the lands there is no fund
left out of which to pay this large
sum, aud the claimants, who are good
citizens, must be paid out of the
treasury of the State, and the State
be left without indemnity; still
these companies insist upon strict con
struction of the letter Of the lar, and that
under such construction they are entitled
to the land. The State may lose the
500, 900, and her grantees may take care
OF themselves. The railroad companies
want their "pound of fesh.'
{ La as much as all these companies are
in default, so that the right of the State
to resume is perfect, the Legislature will,
| think, give them the full benefit of a
strict construction, and resume. If the
law must be enforced against the State
against the integrity of her deed, ..agains
| the rights Of her bona tide grantees, ther
let it be enforced also in favor of the
State Let the State take back all these
lands, AMI in any future grant excep
therefrom the Des Moines river lands
But enough of this. l could not in fewel
words place the matter fairly before you
readers.
The bill to increase the number O
Judges of the Supreme Court has beer
reported back from the judiciary Com
mittee in the Senate, with recommenda
tion that the amendment made by tn,
House be concurred in. | think this bill
will become law in a very few days.
To-day the Senate passed the bill t,
} prohibit the circulation of foreign banl
q bills, after a spirited discussion, by yot
!. of 81 to 10. Your delegation are agains
: the bill. 1t is likely to meet with strong
> opposition in the House, though th