The Toledo chronicle. [volume] (Toledo, Tama County, Iowa) 1873-1924, 1876-01-06
MESSAGE SUPPLEMER :

during IL. past two yeas! rAskns.: = been ss4
patented by the State s,47i57 acres. of the sOoooU
acre grant; 81. 134. n acres of the sixteenth-sectlon
grant; 2,03S.77 acres and eighteen town-ios OF
mortgage school lands; $50 acres OF the Same
land grant; and 13.i1S. "a acres OF the Agricuit9ral
College grant. There have also been patented to
the State by the General Government, and by tue
State to the several counties, S,15.52 acres OF
swamp lands. The Register has published q ful
list Of the swamp land selections as made by the
counties. This list having been carefully com,
piled will be a valuable book of reference to all the
officers of counties seeking a final adjustment OF
their claims.
Lands have been certified to the various land.
grant railroad companies as follows: Cedar
Rapids & Missouri River Railroad, 62S,5S9.ai
acres; Sioux City Il st. Paul Railroad, aS,uoo3l
acres; Iowa Falls & Sioux City Railroad. 6,471.OS
acres: Des Moines Valley Railroad, 2O,63o.9o acres
making a total of S63, AZ. 90 acres: There have
been certified to the State by the United States ior
the benefit of the railroads named the following
lands: Burlington & Missouri River Railroad, III
acres; Cedar Rapids & Missouri River Railroad,
1891. 40 acres; Iowa Falls & Sioux City Railroad,
3.i65.6s acres; McGregor & Missouri River itali-
way. 4,297, "a acres; Sioux City & ST. Paul Railroad,
10. 91t. Al acres; Des Moines Valley RaiifoY. 5S,-
942. 81 acres; making a total Of g., 1888 acr$
In regard to the lands certified for the befefit OF
the Des Moines Valley Railroad, it is proper that
l should make a statement somewhat in detail;
After the so-called Litchfield decision, announced
in December, 1883, which fixed the limit OF the
grant of 1916 at the mouth of the Raccoon fork
NbiC WY u LUZ VIM
land north of this point open to pre-emptlon, and
being encouraged in this opinion BY the commas
sioner of the General Land-Otfice,s settled and I'M:
proved thousands OF acres within tve miles OF Inc
river, between the city of Des Moines and the
north line of the State. On the 18th OF July, 1907,
u bill was passed by Congress extending the grant
of 1876 to the Minnesota line. The act of Congress
provided that the lands were TO be held and appiie9
in accordance with the terms of the original grant,
except that the consent OF Congress was given 10
divert a portion to aid in the construction OF the
anl-nl- IN naa lI,inal g. Minna-ntp Railroad.
since called the Des Aoines Valley Railroad:
This act further declared: And II any OF
said lands shall have been sold or otherwise
disposed of by the United States to the grantees OF
the State of Iowa, under joint resolution of March
2. 1861, the Secretary OF the Interior Is hereby d.
rected to set apart an equal amount OF lands WIN
in said State to be certified In lieu thereof. onaeI
this provision 29S. gI 90 acres of indemnity land
were subsequently selected and certified TO the
State in lieu OF lands which were found to De oe-
cupied within the limits of the grant, and these
lands were afterward transferred by the State 10
the Des Moinss Valley Railroad Company. In the
meantime an act entitled An act confirming the
title to certain lands approved March =, lSil. the
object of which purported to be to nliay any douois
that might have arisen as to the validity OF the title
to these indemnity lands, was passed b. Congress.
Subsequently. at the December term OF lo'Z' the
Supreme Court of the United States IN eject de-
cided TINT this act of March ), 1871, maze q new
grant of the so-called indemnity lands, and held
that the title to all these lands was therefore hxed
il the railroad company; and at the same tlnie the
court decided that the Qua sSCtOls within v
miles Of the Des Moines River, having been re.
served by competent authority under the grant OF
1916, had not been legally disposed OF either ny
sale Or presumption. The effect Of this decision
was therefore not only to affirm the title
to the indemnity lands in the Des MONIES
Valley Railroad Company, but also TO give that
company a large proportion of the very lands Tor
which they We're supposed to be an indemnity;
When therefore the Commissioner OF the General
Lapd-Of accepting this decision as final and as
mandatory upon his department, issued supple
mental certificates to the State in behalf OF ms
company for 39,942.g1 acres of lands within 1Ve
miles of the Des Moines River, a greater portion
of which had been bought or was held under
homestead and pre-emption titles by actua4 set
tiers. | declined 10 certify them to the company.
1t is true they were technically enutledt to u certlii-
cate to these lands. but | felt that the anomalous
condition in which their unconditional transfer by
the State would place these innocent purchasers
and pre-. emptors would Justify me in exercising Il
somewhat arbitrary right OF personal judgment.
l however told the agent of the company that II
he would arrange terms OF sale WIN Inc occupants
of these lands / would certify them. or l would
certify any particular tract which he might sell to
a settler. upon the request of sucl settler. inths
manner some of the hand has been ccrtined. But
this is a very unsatisfactory method OF reaching a
final adjustment. Ii occurs to me. therefore, mat
Notwithstanding the agent of the company. leo.
b. SiIyth, Esq, of kcokuk. has acted honorhOly
and Justly. so far as | know. TO Inc extent ne mas
gone in this business. yet if there is any method by
which the Legislature can provide for Its settle
ment upon Il liked principle and by just law 1t
should be done.
Des N0ines Riyer LGndS.-Four years ago the
General Assembly passed an act to aid i'll Secur-
ing indemnity for the settlers upon lands TO which
the Des Moines Navigation Company had acquired
title. Under this law Il considerable progress was
made. Hon. Jackson Orr, then in Congress-. gave
the proposed measure careful attention and able
advocacy. and aided by the Other members of the
Iowa delegation secured the passage in the House
of Representatives of an indemnity bill which
would have gone far toward insurlng Justice to
these settlers. In the Senate. however, il met I'M
expected opposition, and finally Il Subcommittee
of the Committee on Public Lands reported against
it. assigning a. a reason for this determination
that in case of failure Of titles derived from the
United States Government the law provided for
refunding his money to the party whose title had
failed. This committee strangely ignored the
fact that on several occasions the Government
had Unidentified entire communities for losses
sustained by reason Of failure Of titles derived
from the Government. But. notwithstanding this
ad verse decision. ! do not believe that the State
should surrender the effort to see justice done TO
these settlers until something approaching it is
attained. II is cold cruelty and insult to Offer these
people the money they paid originally for their
lands after they have spent the best years OF their
lives in improving them. Our country boasts that
it would redress the wrongs Of its weakest citizen,
even at the cost of war. as against a foreign ma
ton, and yet here are over 800 citizens of Iowa,
many of whom were soldiers in the Union army,
and who through no fault OF their own, but relying
upon the accuracy and good faith of the Govern
ment. find themselves suddenly despoiled of the
az " Il nv - h'N'''' : 'tAe ~ 'fiA w
a sad commentary upon humanity il when vent
uring to appeal for justice, these people are rude
ly pushed from the door Of Congress with q cool
reference 10 the conditions nominated in the
bond" Every case included in Mr.. Orr's bin
should have been Unidentified. Buff this cannot
be secured by a single appropriation. Congress
should be besiegcd by legislative resolutions to
adopt some general measure referring cases in
volving failure of the land-titles of actual settlers
arising from q confusion OF Congressional grants
to one of the existing courts OF claims; and upon
.yila,,pa. NJ yN,l f,.th ,F Nnluall. in, - ,-nt nn N +s
and of conflicting titles. Of which even the United
States land officers were ignorant, the poor, I'M
fortunate settler upon the public land should be
Unidentified for his losses.
In this connection | desire 10 recommend soma
legislative action making it az criminal in law as
it now is in morals for the owners of large tracts
of land to force settlers who may occupy any por-
ton OF the same under color OF title to sign what
are generally known as "cut-hrO1t contracts /
myself have known many instances where poor,
badgered settlers. through fear of being forcibly
elected from land for which they had once paid
the Government and in which their all was in
vested, but which had been determined to be part
ofs grant, have consented to sign contracts pro-
yiding for the payment of an exorbitant price for
their lands, and providing that in case Of failure
to meet a single payment when due the contracts
proceedings and without the reservation of any
claim for improvements under the Occupying
Claimant law of the State.
In compliance with Chap. 90 Private, Local and
Temporary laws, Fifteenth General Assembly, I
employed Hon. Galusha Parsons and Mr.. John A.
Hull, both of whom had been engaged in behalf
of individual settlers upon the school river-lands
prior to the passage of the act, to carry one repre-
sentative case through the courts and determine
the status Of that grant. They have not progressed
so far as l had hoped they would have done, but
have advanced as rapidly as is perhaps practice
courts You will find a statement of what has
been done in the Registers report.
Ons cf the most important elements In he vel.