Charles City intelligencer. [volume] (Charles City, Floyd County, Iowa) 1864-1866, 1866-03-01
The McGregor Western Railroad.
LETTER FROM GOV. STONE.

The McGregor Western Railroad.
LETTER FROM GOV. STONE.
Hon. EILpHALEr PRICE: Dear Sir
Your note Of this morning, desiring to
know whether any lands have been
certified to the McGregor Western
Railway Company, and also asking
me to state what certificates, il any,
have been granted on behalf of said
Company. is just received, and has
ten to reply.
To place this matter in proper
and Ineligible light, and make my
action ia the premises more clearly
understood, a brief reference to the
Act of Congress granting lands for the
benefit of this Company, will be me-
cessary. .ao
The object in making this grant
was" to aid in the construction of a
Railroad from point at or near the
foot of Main Street, in South McGre-
gor, in Westerly direction, by the
most practicable route, on or near the
forty.third parallel Of North latitude.
until it shall intersect theroad running
from Sioux City to the Minnesota
State line, in the County Of O'Brien."
This being the expressed object Of the
grant, the lands donated cannot be
applied to any other purpose. The
grant was obtained for the benefit OF
the people on the line of this projected
road, and was not designed for the
special benefit Of the McGtegor Wes-
tern Railway Company. By establish
ing the terminal points Of the road,
and carefully defining the line upon
which it should be constructed, Con.
gress evidently intended to have its
purpose in making the grant placed
beyond the reach of speculation. The
grant was made to the State for the
benefit Of this Company. to aid them
in the construction of this particular
road, and it is through the State only
that their title to the lands can be &C.
quired. And to make assurance
doubly sure the law expressly EN-
powers the State, in case this Company
shall fail to complete the road within
the time limited, to resume the lands
and grant them TO some other Company
to secure tie object of the grant. The
State, therefore, and not the Company,
is rendered master of the situation
The State is constituted the trustee
under the grant, with power to impart
title to this Company when they
shall have complied with the condi-
tions imposed, and not before.
The mode adopted for the disposition
of these lands by the State is prescrib.
ed in the 4th Section of the Act of
Congress, as follows "When the
Governor of said State shall certify to
the Secretary of the Interior that
any section Of ten consecutive miles
of said road is completed in a good,
substantial manner as a first class
railroad, then the Secretary of the In.
terror shall Issue to the State patents
for one hundred sections of land for
the benefit of said road" and so on for
every subsequent section which shall
in like manner be completed. The pa.
tents are not issued to the Company,
but ITO the State for the benefit of the
road" This is material point, and
is expressed in guarded language.
1t will be further observed that the
law does not require the certificate of
completion to state that the Sections
certified to were commenced at either
of the terminal points designated, but
when any section of ten consecutive
miles of the road is completed in the
manner prescribed as to workmanship,
&c, then the certificate of the Cover.
nor may be given to that extent. Of
course, it is contemplated that the
work shall be done on the line indica-
ted by the grant, and / will not as.
sumo that, under the well established
rules of construction applied to the
beneiciaries of these grants, the Com
paDy would not be compelled, as
condition precedent to the acquisition
Of their title. to commence their road
at the initial point on the Mississippi
river. But, in giving the Company
the benefit of certificate showing the
completion Of any particular section
of their road, do understand that l
am required to examine and formally
decide whether their work was com.
menced at the point indicated, or
whether they have prosecuted it "as
nearly as practicable " in q Westerly
direction on the prescribed parallel to
the opposite point. The certificate oil
completion is ono thing. and patent
for the lands il quite another and more
decisive thing. The former simply
places before the Secretary of the In
terror the evidence upon which he ID
authorized to patent the lands to the
State, for the benefit Of the road, bu,
this action by no means vests the ii
tie thereto in the Company. When
the patents shall have been issued
the title thereby impaired from tn,
General Government will remain il
the State. in trust for the benefit Of th,
road. aud will DO transferred to til,
Company by patent, or otherwise
whenever, by substantial com pliaDc,
with the terms Of the grant, they hav,
right to demand it. This mode o
proceeding Was intended as guarant,
against the misapplication of the lands
and if the state properly discharge