, 1874-06-05
To Force the Sale OF tho Lands Would
Impair the Obligation Of
a Contract.
And Result In Disposing Of tho
Property at 1suinously Low
Rates.
Which Has Been Done in the Way Of
Selling tho Land.
Experience with Auctions.

on tho 18th OF January, when tho supromo
Court was In session Mt Springfield, Atty
Gen. Etlsall filed q petition for mandamus
againat Morris Ketchum, Samuel D. Lockwood,
md John A. Palmer aB Trustees Of tho lands OF
tho Illinois Central Railroad, to compel thom to
soil tho land still remaining unsod Of tho orgi-
nal grant to them as such Trustoos. The roti-
tion was published in oxtousoiu THE Tn1DuNE at
that tiuo.
As tho subject matter Of this mnnaamnB iB
one which has on several occasions been the s,b-
icct Of Legislative, action and as the Bub1cck 1e
Of great importance to tho people, at large nc
give III full tho answer which waB hlcu ut Mount
Vernon day before yostordaY.
The anawer Of Morris Kotchun, Samuel .. Lock-
wood, and John NJ. Palmer, TO the petition nlcd sn
paid Conrt by The Attorney General Of Tho stase Of
Illinois, praying for writ Of n,andanuH against
tcm as Trustees Of tAo Illinois censral Railroad oom
Tfa,sso respoudcnsa anaworng, say: Tint 1t is true
the Illinois Central Ruroad Company ,wus organized
At s mG and III o m s q Under n ada s ,ad yF
Company ucccntcd said charter, and orHanzoa under
Tho rame. ~,
nos did, OIL behalf Of the stuc, at tho ttmo and IN the
manner stact1 IN sud petition convey to aad Con-
pany The lands in said petition referred to, for the
oseeaed IL and Il delivered @ to Morrs Koch,m john
in said aAct 10 incorporate tho illinois Central 1sail-
roa Comra1y" deed Of trust, stated In said pct-
tlon upon tha property in said petition hpesset tug
pnrrozrs Of saia trst heng Expressed and declared
In pa deed mud being Ia conformity to tho provisions
Of lie fifteenth section of tho said net Of
road md ts branchcs oro conleted On or beforo tho
27ih day Of September, A. p. 1855, but on the con-,
srary that said road and hranclee wero completed
under tue provisions Of the said act, t4at e to eay
the pa central, line from The City Of Cairo to tho
fo'shern Termination ot he Illinois + Michigan cana
Pulaski In]Gil. Perry NAHlinHfSu Al1ItGH
Fuyctte. Shelby, Mucop, DnWi{s, Mo1ean, Woodford,
Marshall. and into tho County ct Lasalle te branch
said Illinois I: Michigan Canal to the City of DUH
lel, point On tho Misblasippi River, mil running
son, and 1oo Dayicss. Also Tho branch Of said road
extending from Branch Junction, IN tho County Of
ooancs e 81 sro %n
Mi, mi. Cook, I'll IL antd stste, -~"~'~'
completed till October A. D. 1851. yot moro thnl, e
years have elapsed since such compilation, and hefc7e
the commencement Of this proceeding.
THE LAND CHANT.
pF " s Ing a f a sss ns
fcrre1 to, every altcrnato section Of 1ad Of even
nu,aLcr, fix sections i'll width, on each side Of snid
road anu DIV branches thereof excent such soctions
10 which presumption rghta had attached. by v1r
ius Of which tho premises becan1e vested ~ said
s mn spd ss ss ss n Sfs sss sra sa M IL
United States. or IN to which presumption rights 1lA
attached, other Ius In pursuance Of sald act of
lands waB also vested 'n said Trstcen and their
fl, oleo In trust for the uacs ah PURPOSES de-
cEarcd In said decd nf trust. .. ..-..
tvcnsy nsy.tecond section Of aa1d .,Act to incorrors
alta iho Illinois. contral 1.allroal cou,pat,y."
sssesa ast hs 4sa a0~ss as Of SS nna
by authorized TO DO conveyed, shall bo exempt
FROM al taxation under the laws q thts sate, until
noli and conveyed by saia corporatlon."
1t III also true that tho een section of saa act
also conalus provision IN these words, to-Wt. "Ana
years after tho completion Of said road aud branches
saa!! he offered os public sglo annually, Mn9i the m
ws 1a " o ousshns ssa o he upany
nfnrcnaid, If such bonds bo outstanding, said
avaiIa shall be paid to said COMPANY" ..,,
to1, departed this fo III A. D. 1B66 and tlat on tho
1ah day Of ocsotes Of said year, reapondent Johu NJ
aIuce md tn,o al thcso respondents have bcon, and
Htill nre tho Truatees IN whom the tlc to the unaoa
portion Of saia naa sa rev. sesa e r, ~ In TINT a.
uonds ID the amount If si7 7ooo0 900, for to nurroao
aa fcrennto authorized by said act Of Incorporation
nnd in order to accuro tho payment of said boudH
ss co.ny on the 18th .y c' sonsnber A.
named aforesaid, cernin mortgage on oil tho hta
tions, lepots, buildings, roadwuya, mud sngne.hose.
of tie lands donatel 10 them az aforesaid.
Tiat said lands were, 1y tho terms Of aaid morgago
10 DC GGIGCtGU Dy 6lI1 GQInpluy W aalu
road aud H branches, and Lists md schedule. thereof
arprovcd thut by Tho further terms Of said mort
gnse tLo lands therein ,nortgagcd were required 10
be classified into four clAsses, and minimum rates Ut
value Tlared on each Of snid cassea. And It waa
further provided that tho selling price Of said lands
sloI'd i'll No case DO es" than tho minimum rates 10
liked.
1ss1JlNG HONDA.
Respondents further nrer that said Company did
1saue, nrgotlae, and put n ctrcantjon construction
nns to tho sad n,no,,ut of sl7 900; said bonds
hetng naadu uayahle III 4. D. 1870, with Interest d
ss v eoao et 5 1i icornoraied thero iha saa coss
shond have tho right to take up ana satisfy ra!s
SS1 as raepa and IL viii
por cent additional, as premium. And tho lrocoedt
Of said bonds wcro lHe u constructing anu cquippiut
That said bonds wore duly classified, and lata ant
sche1ulca thereof made md approved, and TINT u
said bon4 sold for value, aid Tho money obtalnet
mortgage aforesaid.
Iespontlsns further aycE thas hiorTi. Kosch'n1
tle tt,st created by said trust tlecd and aald mort
guge, md cnlercd upon the discharge thereof.
TItE LAND DEPARTMENT.
RESPONDENTS furthur show tllat aaid Company, hen
anxious to diaoao Of said lands. dill In a. D: 1bse es
talllhh An tiah eyer set nlanu1ncd, !antl ao}art
HaiL u,,dau Boou possble uud to tho best aaYan
taB.; that saa Consrasy laas been vt all timex y y
sali yoar 1h56 and from tlcro hitherto It has cstn
slutl and inuiltainau Ill Immense number Of ax1l
@ In don t;o tS q ss4 qa " IL, ps
Gulcna Ening,am Lacleae, CARLYLE, Salem, BIT. Yer
nnll, hfurphSaboro, Mound City, cA.ro Vaudaa, nu'
Gohdau. ,5.
as Ici all said donated lands, Ut all times, for bal,
In nt,aiies to suit purchasers, ut reasonable prices
nnd from to year 1856 un to this tiule Hald Ca,n..
Ina ulala extraordinary efforts, mud incurred cttrao
dury oxpo,acs in attempting to kc al eaitl lanla
far Prices, d III good faith. That saa c..nslany, c.
Si.sjs,saa t advertising, palshllH pamphlets, mai.
talnnH agsnoey etc., and doing wlatoyur ; could
Ut fuir Values and during oil sud timo uegrcs
publicity Ss been given TO- u a'sa tast as no auu inarn @
and tho ayanages u purchasing he same , many thu
greater than could ie otherwise given. That la'nt
lrtu, rosturs, notces etc inviting phfoaasefs !.
sasI la.us, layo bean, Tor se!g1tuen yeam. Ite rc
" circulated In thp stuo Of Ilillas and III snnny 9th
states Eust md wee; and oyury ruasonabls 1"sa e.
Known 10 KasA Company and tlless respondents IA
been rchored to- and arc now being resorted to. Tor
tsnlS purpose.
ii u tiir, In addition to tbs agencies above spo
An. sait, Co.tiuny furnishes all ~ sutton agul
numbering about seventy, with map4 and the pr't