Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1876-01-12

PUBLIC LANDS.
The report of the Register of the
State Land Office shows the opera
tons of that department during the
past two years. There have been
patented by the State 6,474.57 acres of
the 5OOOOO-acre grant; 53,l3i.77
acres of the l6th-section grant: g.
03S.77 acres and Is town-lots Of mort
gage school-lands; $50 acres of the sa-
line land grant and l3,d7S.54 acres of
the agricultural college grant. There
have also been patented to the State
by the general government, and by
the State 10 the several counties. s.
1862 acres of swamp lands. The
Register has published full list of
the swamp land selections as made by
the counties. This list having been
carefully compiled will be valuable
book of reference to all the officers of
counties seeking a final adjustment of
their claims.
Lands have been certified to the
various Immigrant railroad compa-
mics rs follows: Cedar Rapids and
Missouri River r.. r.. 62S.5S9.7 II
acres Sioux City and st. Paul II. r..
20S,O50.I acres; Iowa Falls and
Sioux City II. r.. 6,47l.OS acres: Des
Moines Valley r. r., 2063O.96 acres !:
making a total of S63,742.09 acres.
These have been certified to the State
by the United States for the benefit of
the railroads named the following
lands: Burlington and Missouri
River r. r., l20 acres; Cedar Rapids
and Missouri River r. r., 1881 AZ
acres; Iowa Falls and Sioux City II.
r., 3,465.S2 acres; McGrcgor and
Missouri River Railway. 4.297.74
acres; Sioux City and st. Paul II. r.,
lO,9ll.4l acres: Des Moines Valley r..
r.. 3,942.97 acres; making total of
G., 1888.
In regard to the lands certified for
the benefit of the Des Moines Valley
Railroad, it is proper that should
make statement somewhat in detail.
After the so-called Litchficld decis-
ion, announced in December; 1853.
which fixed the limit of the grant of
lS46 at the mouth of the Raccoon
fork (the city of Dcs Moincs). immi-
grants believing the land north of
this point open to presumption, and
being encouraged in this opinion by
the Commissioner of the General
Land Office, settled and improved
thousands of acres within five miles
of the river, between the city of Des
Moines and the north line of the
State. On the 18th of july, 1862, a
bill was passed by Congress extend
ing the grant of 1916 to the Minneso-
Ia line. The act of Congress pro-
vided that the lands were to be held
and applied in accordance with the
terms of the original grant, except
that the consent of Congress was
given to divert portion to aid in the
construction of the Keokuk, Fl. Des
Moines and Minnesota Railroad
since called the Des Moines Valley
Railroad. This act further declared
"And if any of said lands shall have
been sold or otherwise disposed ofby
the United States to the grantees OF
the State of Iowa, under joint resolu.
ton of March End, 1861, the Secretary
of the Interior is hereby directed to
set apart an equal amount of lands
within said State to be certified in
4 lieu thereof" Under this provision
29S, 92l.06 acres of indemnity land
were subsequently selected and certi
fled to the State in lieu of lands
which were found to be occupied
within the limits of the grant, anf
these lands were afterwards trans.
ferred by the State to the Des Moine
Valley Railroad Company. In til,
meantime an act entitled can &c
confirming the title to certain lands,
approved March Sd, 1871, The objcc
Of which purported TO be to allay an,
doubts that might have arisen as II
the validity of the title to these in
! demnity lands, was passed by Con
gress. Subsequently at the Decem
, Der term of 1872, the Supreme Cour
of the United States i'm effect decided
.. that this act of March Sd, 1871, mad
new grant of the so-called indemni
!, ty lands, and held that the title to al
these lands was therefore fixed in tn
railroad company; and at the sam
time the Court decided that the ode
sections within five miles of the DE
Moincs river, having been reserved
by competent authority under th'
grant of lS46, had net been legal,
disposed of either by sale or pre-emp
ton. The effect of this decision wa
therefore not only to affirm the it'll
!, to the indemnity lands in the De
Moines Valley Railroad Company
4 but alsn tn giya the company q larG,
proportion of the very lands fol
which they were supposed to be Al
indemnity. when. therefore, In,
Commissioner OF the General Lane
Office, accepting this decision rs fina
and as mandatory upon his depart
ment, issued supplemental certificate
TO the State in behalf of this company
for 80, 942.97 acres Of land within fiv,
miles Of the Des Moines river, {
greater portion of which had beer
bought or was held under homestead
and pre-emption titles by actual set.
tiers, / declined to certify them to the
company. II is true they were tech.
lnically entitled 10 certificate tC
these lands, but i felt that the anoma
lOus condition in which their nncon,
ditional transfer by The State would
tplacc these innocent purchasers and
Ipre-emptors would justify me in OK.
ercising a somewhat arbitrary RICH,
of personal Judgment. i however
told the agent of tho company that il
he would arrange terms Of sale will
the 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 such
settler. In this manner some of the
land has been certified. But this is Q
very unsatisfactory misunderstanding
a final adjustment. 1t occurs to me
therefore, that Notwithstanding the
agent of the company, Geo. b. Smyth
Esq, of Keokuk, has acted honorably
and justly, so far as know, to The
extent he has gone in this business
yet il there is any method by which
the Legislature can provide for il
settlement upon fixed principle and
| by just law it should be done.
| Des Moiaes Rirer Lands.-FOuT
years ago the General assembly
passed an act to aid in securing In
demnity for the settlers upon lands
to which the D6s Noines Navigation
Company had acquired title, Under
this law a 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 pas.
sage in the House Of Representatives
of an indemnity bill which would
have gone far towards in.
surfing justice to these set.
tiers. In the Senate however it met
unepectAed opposition, and finally 3
subcommittee of the committee or
public lands reported against it, as
signing as the reason for this deter
mination that in case of failure Of
titles derived from the United States
government the law provided for re
funding his money to the party whose
little had failed. This committee
strangely ignored the fact that on sew.
cral occasions the government had
unidentified entire communities fol
losses sustained by reason OF failures
of titles derived from the government
Il But, notwithstanding this adverse de
cision. do not believe that the state
should surrender the effort TO SCI
4 Justice done to these settlers unit
something approaching it is attained