The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1868-04-14
Jbt 4alp 6att Gitp.
L1wS OF lVty,A.,i



WHnREAs, by act Of Cougress approved August
8, lS4G, there Vas granted to the tn 1ee1itcry
of Iowa certain lands to aid in the improvement,
of the Des Moines River, in said Territory, which
grant the Stats Of lows By joint RessissioS %
the General Assembly, approved January ., lSszs
accepted for the parpese therein specified; aud,
WHEREAS, The General Assembly Of this State,
by an act approved March 70, 1855. granted such
portion of sad lands a. had not been previously
disposed of, to the Keeknk, Fort Des Mones i
Minnesota Railroad Company to aid in tho con-
struction Of q railroad from the city Of keokuk
up and along the Valley Of the Dcs Moines River
by the way Of the City Of Des MONIES to tho
northern line of the State, in the direction Of the
southern bend of the Minnesota or st. Peters
River, and providing the said grant should be-
come operative when the consent Of Congress to
the diversion Of said lands should BIO obtained, or
the title thereto vested in the State; sad also I'M
posing upon said company in Gaze Of its accept
ance of said eYant upon certain condtions and
restrictions, among which it was provided that
said company would complete seventy five miles
of said read Within three years, and thirt y-three
miles each year thereafter for five years aud the
whole line on or before the first day Of December
1858; and sez@
WHEREAS, Such consent Of Congress to the di-
version was given by IN act approved July IL,
1852, and said company asterWard accepted said
grant; and
WHEREAS, Said Kepxuk, Fort Des Moinss
and called the Des Moines Valley Railroad Com
pany; and,
WHxnKas, Said Railroad {canpanyl i. In de-
fault respect to the tine Of csnstrne ton of said
road, and In the performance Of other conditions
OF said graft whereby the State has the ris bt 10
resume the whole or part Of said lands; therefore,
SEerioS l. Be IL enacted by the General Assea-
tty effse State IF Iowo, That the reserved rights
aud interests OF the State in respect the resump-
tion and disposal of said lands are hereby reIin-
quishcd to and conferred upon said Des Moines
Valley Railroad Company in the manner, and
upon the performance Of the conditions president
by said Company, as hereinafter set forth, and
not otherwise, viz:
Fira-That 1t shall be the duty ofthe Register
Of the State Land Once as aspracticablc, and
before the hrst day Of July, 1858, to set apart and
reserve from the remaining river lands within the
grant aud lying In place next north Of township
No. Ninety, and upon which there are settlers
staining homestead rights, And exclusive also of
the ten sections set apart and sold to S. II. Taft
enc hundred thousand acres Of said lands which
shsll he especially held to secure the payment of
the claims described in sections aud Of chap
tsr % Of the laws Of the Ilth General Assembly
Of Iowa, and also Of such claims have been or
may be allowed TO the present General Assembly.
.sscoTd --That If the said Des Moines Valley
Railroad Company shall fail to pay in full and
discharges all the claims in the preceding para
graph mentioned, by or before the fret day OF
July next then it shall be the duty of the Regis
ter of the State Land Office, and he is hereby re-
quired to proceed Immediately to sell at his
Office In Dies Mones, fer cash, TO the highest bid
der for not less than dollar and fifty cents per
acre. al the lands reserved by this preceding par
agrapb, much thereof az shall produce the
amount Of money remaining due and unpaid on
such claim provided that he all frst advert tse
the sale of such lands for not less than sixt days
In four different newspapers Published, one in
springvale, in Fort Dodge. and one in De.
nL,,G a - 4
further thai such lands shah be sold by him i n
quantities not less than forty acres nor than
one hundred and sixty acres each and that the |
warrants Issued by the State auditor on account
OF the claims Aforesaid shall he received as cash
In payment Of lands bought at such sale and
prosided further, that said company shall haye
the right to pay said claims at any time before
such sale of the lands.
III That upon such sale and pay snt Of the
purchase money, the Register shali issne GER
tiieate to the purchaser, showing the land pur-
chasbed By him and the amount paid therefor
and upon the presentation thereof to the Gorern-
he shah exeeute to the purchaser deed in the
name of the Stata Of laws, without warranty,
conveying the lands so purchased. which deed
shall be effectual to pass all the right and tile
thereto now held by the State, which may here
after be acquired by the State from the United
States; All all moneys and proceeds Of the sales o.
lands as aforesaid shall be the by the Register paid
into tie State Treasury for the use of the holders
Of the unpaid claims herein provided for: which |
shall be paid in the order specified IN section OF
chapter y Of the laws Of the 18th General Assem-
biz, upon the production and surrender OF the |
warrants therefor and il there should be an
amount insufficient to pay the same in fni then
the same shall be paid pro rata and if there shall
res,sin balance after paying the sancs In full,
such balance shall be paid over to said Railroad
Company.
fosrtb--That the Register Of the State Land
EaN-. -. l. 60
tha first day Of July next, select nom the lands
embraced in the said act of Congress, approved
July r. 1862, excluding the lsnds reserved ard
described in the first paragraph hereof, one hun
bred Thousand scres of sad land of average yalne
as ncsg practicable, and embracing ths ten sec
lions sold 70 S. H. Tatt and the lands selected
a. well as the proceeds Of any portion thereof now
sod shsli be held and applied exclusively for the
construction OF said railroad above Des MONIES.
rs now provided by law. and shall be conveyed
and patented to said railroad company, or to such
parson Q, persons as they shall direct only upon
The completion Of ssid railroad into the town Of
Fer. Dodge, situated on the east side Of the Des
MoinesFiyer, within the year 1870, which said
Company agrees to do; and the evidence of such |
completion shall be the running of trains into said
town within the time specified, and none Of said
lands shall be patented until sneh completion, ard
the proceeds Of any portion thereof sold under
ptosirioas Of existing law shall be at the same |
time paid over to said Railroad Company The
sald Railroad Company shall ALEC have not less
than sixty FIRE miles Of said road from their pres
ent terminus graded during the present and ensu-
ins calendar year.
FJfk--Thst "a soon as satisfactory evidence |
shall be furnished to the aovernor that all the !
clsims herein provided tor have been settled aHd
paid CT fully discharged, whether by the sale OF
the land, or by payments made BY said Railroad
,epei.y be shall execute and deliver to the Des
MONIES Valley Railroad Company, or 10 their as
4. a Il. ads in he nup, of he Sgata
OF iowa without warranty, fer all the lands en-
bsaaad in the sal tast 0! Congress, approved Jniy
l9. 1852, save and except tho one hundred tAou-
sand acres hereinaeore reserved fer the eonstruc
ton Of said road above the city Of Dies Moines
TO Fort Dodge; and except also any lands en-
braeaa la said grant which may have been re
served bF any passed prior hereto by the State
Of 10 for :hs protection or benefit OF settlers
persons claiming hemesteaas thereon; and the
settlement ,aade and approved june goth, 1866,
~ the eeasos Board 81 DIR state of. Iowa With
teDs. MONIES Valley fsiirosd Company, and
the settlement with the United states therein
ferred TO are hereby ratified and conArmed
SEe q In case Of ncn-compiiance BY said
Raiiroaa Company with the foregoing conditiens
by it TO be performed then without Further iegiF-
lation, This act shall have the force ard effect OF
an act of resumption, and all rights Of said COM
pany in and to said lands, any part thereof,
heretofors or hereby granted to said company,
and not at the time of such failure actually con-
yesefi By the State to said company, shah be for
fcted to ard revested in the State of IoHa-ss full
as if the grant thereof had never been made by
the State.
SEC. 8. This act shall be accepted by the said
railroad COMPANY, and evidenced By the signature
of tbs President md Secretary Of said company,
with thu corporate seal thereof within thirty days
from the appFDval Of this act but the non accept
anre BY Ake said Des Moines Valley Railroad
Conpany Of the net shall not prevent all the fore
~, sxions thereof from having the eame