, 1873-01-28
Land-Cperations Of a Railroad
Company in Iowa. ..:.
noW. The Chicago, loek Island 6 Pacific
Road uas Retained Possession Of
a Land.Grant Which It
Had Forfeited.
From Sl,ooo,00o to $2,ooo,oQo In
volved in the Transaction.
Queer Decisions Of the General
Land Office and Depart :
ment Of the Interior.

| 14&ANA oAAAN~ <hANA D1NNA ~
n,ent Of the Interior.
From Our Otrn Correspondent
| NAsun;o1oH, Jan. II, 1873.
| In 1885, Congress- made grant Of lands to
the State Of Iowa to aid in the construction Of
certain railroads to extcrd from the Mississippi
to the Missouri River. The grant consisted OF
| the unappropriated odd~numbered sections Of
public land lying within miles Of the line ot
each road when definitely fixed, with the priv
i1ege Of selecting other odd-numbered sections
within Is miles Of the line, in lieu Of those dis
| posed OF by the Government within the miles.
One Of tho roads, extending from Davenport TO
| Council Bluffs, known as the Mississippi
| l. Missouri now called the
| CHICAGO, RocK ISLAND & PACIFIC RAILROAD.
| It is the transactions Of the Company in charge
Of this road, and the action OF the Interior De-
partment, cooperating with them, to which at
| tentlon is NOW invited.
The line OF the road was located in 1856. In
| 1858 and 1859, before the road was fairly CON-
| menced, most Of the lands we're Gated BY the
Company, and approved and certified BY the De-
part11ent, along the entire route. in pursuance
Of an opinion rendered by the Attorney General
OF the United States, in 1857, that such certified
lists have no effect whatever upon the title to
railroad lands, and that they we're merely in
formation from the records, like any other in-
formation furnished by the Department..
In 1864, when only hundred miles OF the
road had been constructed west from the Mississ-
ippi River, the Company in charge Of this road
joined with other Iowa Railroad Companies in
soliciting from Congress the passage Of an act,
AMENDING THE ORIGINAL GRANT
Of 1856; donating the lands directly to the Com
panies, instead Of to the State OF Iowa for their
benefit and authorizing several ct them to
their roads. The agents OF the Companies draft
ed the bill, and it became law on the I'd day Of
June, 1864. This act authorizes three Of tho
Companies to change tho uncompleted portions
Of their lines; and another act, passed Jnly l,
1864, grants the same authority to the only re-
manning Company receiving aid under tho orig
ina1 grant Of 1856. In these enactmenta, az
press provision ia made that tho change Of the
Lines OF their roads ehal not impair the right Of
the Cedar Rapids l. Missouri River, the Dubuque
l. Sioux City and the Burlington & Missouri
River Railroad Companies to the lands located
by their original lines under the grant OF 1856.
But, in reference to the mississippi e. Missouri,
nov tho Chicago, Rock Island l. Pacific Rail-
road Company,
no sucR PROVISION Is MADE.
~..,,-aS ~ teLa H. 1snd. inur;,a ~ +hof roa3
rithin mi1cs n t1,e mnd;fied Inc and n aa1srt
indemnity for lands otherwise disposed OF by the
Government, within 20 miles OF such now loca-
ton.
The effect Of this legislation WAS to restrict
the rights Of the last-named Company to tho
limits shove defined, aud to exclude all claim to
lands lying more than 20 miles from the line Of
the road.
When the Chicago. Rock Ialand Paci1c Rail-
road Connanv chsnred the line Of their mad
weat of Tia Citv ~ i}es afoines ttev nm ao f.r
south Of Their oricinal ID location ' as TO to ~ '
1uror1.u T11r ssopTr1pn. n.n1
cf their erant as located Under the % act of 1s5s
lasv vnr sho1,t I'M nm acres ~ land rnora tban 9n
1o;ias haror,d ths;r ,aw iva 1 Th;a y ~ sa;J
wa not he original intention of fhe Comn.nv
ths ts od na o ,. 70 '4s
that tue 2o-rnile limit OF the new grant might
7aro~ 1s11 ha1oxr tta 167o;Ie limit ~ fba o15 r.
in drafting The bil. it was not thought worth
while to insert = snecial provision resaryinp The
r;r3,t to tha 1,nds originally jocated ~ K ,ras
a;fa tha limits If thenew Grant The def1oction
n the rev ro1,te no far south Of the old ona wes
hronuht ahont bv sncculators owning .1.rre
bodies of land. who we're auxious to nv them
Wv 'A-1p orTrnxs srnoSt. "
RI tba Comnanv to T7n thc;r Tna n the ;ntereat |
NJ fila snacnisf,on. Bsfora thu Comnsnv vieid-
od thae insiatei] thst the cnraer,t tinn 1nnst Ia
a.1{f;eient IN rennunarnfa them fnr tha 1nea of |
1snas onta;de the north 1o-ni1e limit t.Nthns ID
1n;fting that t1iav had M rirht to tRose isnds
When thew f,naIly consented to uncover their
prnnt thay e1nected to Ioae the abandoned lands.
fhair snbsaoient aftempt to retain nosseBaion |
# and nerfact fher ttle to them, ia ssid 70 he
ffn rasnlt Of An arrancament entared intn With |
cErTa1s IoRA Porr1o1Ass. %
rrbo 1e+t.r ,vbo 1vare a~.ma7nha~n ~ fsoooroaa
11e1ad ~ sro ,,scn1;ar fac;l;tea i; +1,e T.v of
sac,,rTo - f,raraha .ct;on in tha Danartmant Ind |
hafo1a cons4eaa md nromised tp rat t = GOOD
tt]o to thess lands for ahnro Of the snois. The
sanda n ans.tion ars of thn. syerapa v.1ra NJ ain
1,us -"r acra m In.E;np S1 nm nm totai Ta1ue
~ Ths a. nneet;on Sss' |
nno11n.1r nTroRr 71r DEPARTMENT.
=, noraons Who lad annl;ed for thesa 1an5a nm
AZ the Homestead law. and whose applicstious
te1 hoar, reierted bv thn Diatrict 0ficara at
Council Duffs. Iowa, An appeal was then taken
to the Commissioner of the General Land Office
tba annalI.nts claiming that cha Railroad
80 -;ohf - 9.rt1s ortsdo ~ On.
company nae 40 Ilsns W aalus oetelo1 - .na ~
mile i1EQ1tH OF tllclT h8 QHUEGQ &Et Cl