The daily Argus. (Rock Island, Ill.) 1873-1877, 1877-01-25
Ghe 9ai1g Areas.
ROCK ISLAND. ILLINOIS
Concluded from second page. J

tConcluded from second page.l
sale only; in others the Department enter
tains an impression that they may be
usefully occupied hereafter. Many of
| these are 10 or near cities and bear. the
high value incident to their location.
The act of 1852 makes no reference TO
the original cost OF lands or the parties
| from whom they are purchased Whether
acquired by treaty with Indians at few
cents per acre, or purchased from private
parties at as many dollars per yard. if
embraced by the act, any abroad, plank
road, or turnpike company car locate its
road upon them and take an acre for de-
| pot purposes. And not only this but,
under the same act, any company, even
though not finding it convenient to locate
| its road upon such lands, may still resort
to them to cut timber. quarry stone or
| dig earth for its construction to any ex-
tent. The imrolicy OF subjectiDg val
liable property to such conditions as these
is too obvious to require comment. Again,
| if the term public lands used in the act
| of August 81, 1852, embrace military re-
| serves they are of course embraced by the
same words and in the act of September
70, 1850 by which the right of way was
granted to the Illinois Central Railroad
Company through all public lands in Hi
u0is, with the sole exception of certain
lands which did not include the Fort De-
arborn reservation at Chicago. That re-
servation was useless for military pur-
poses, and had been SO declared. A
great portion had been sold and much OF
the remainder was held for sale.
| 1t is evident that this case presented
the claim, now contended for, in a very
strong aspect. lst. The grant was of
public lands generally and not restricted
to public lands held for sale.
| I'd. Congress had seen fit to make GER
tain exceptions, but not to except the
military reserves, and by a we'll settled
principle the expression of one exemption
excluded others.
| Sd. That Reserve was avowedly held for
sale-yet in October, 1852, the Central Rail
road Company, holding the privilege thus
conferred and being also entitled to all the
privileges of the act of 1852, desiring to
locate it's road and depot on the Reserve,
purchased of this Department tract Of
rather less than two acres at the prize! OF
more than 5000 per acre. 1t was not
even suggested, nor can it be imagined
that congress intended to give away such
company that might choose to locate its
road upon 1t, or to quarry stone or dig
earth from it, but if this construction pre-
vail not only had the company a
right to locate its wood depots,
etc, upon the Reserve, but it had
and has an absolute right to the whole
Reserve as it is part of one of the even
numbered sections within six miles of the
road, all which are given absolutely to it.
The OMISSION Of Congress to exempt FROM
the operation of the act property held
tor tie use OF the Public Departments or
property Of such great value can only be
explained by the superstition that the act
Dies not, In their opinion, include it,
1t might have been supposed that after
the decided rejection of their demands BY
the Department in possession of the land
the company would have relinquished the
pursuit, or adopted the course pointed
out to them, and applied 10 Congress as
: other companies under similar cir
cums;ances have done. But, &
far from this, not only do the com
pany persist in theirauntenable claim, blu
they constitute themselves the SOLE
| judges of its merits, and havin.
decided it to their own salts
faction, they have entered upon the lane
by force and against the renonstrances o
the Agent in charge it, Fortunately tb,
law furnishes prompt remedy, and order
have been given to apply it to redress tn
wrong.
10 conclusion | must express my regre
that the Commissioner of the General Lane
office should have undertaken to decid
in favor of the claims Of the Company
although he was aware that this Depart
meut alone. had jurisdiction of the case
d and had refused to grant tie right the
d claimed. Very respectfully your obedieu
+ servant. JEFFERSON DAVIS,
Sec. o: War
e To the Presiden of the United States,