The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1888-11-29
CHAPTER yyyU.-COSeIyp
BY G. C. POST.


CHAPTER XXyII.-CoSeIrpEp
The people at the Slough were now
greatly discouraged. but still not with
put hope. The resolution plainly pro-
Fided that the rights of actual settlers
should be respected, and they could not
bee how any one could dispute the fact
81 their being such. Indeed it was only
BY asserting that their rights were Sc
rured by that clause of the resolution
that enough members of the House and
Senate who were not absolute tools or
partners of the conspirators were in
duced to vote for the resolution to Sc
cure its passage.
Besides this, the railroad company.
when is officers first decided to make
an effort to seize upon the land in the
vicinity of the Slough. had issued cir
culars urging people to come and take
up land there, promising them that rs
soon rs the company received patents
for the land from the Government it
would deed to the settlers, upon pay
mcnt of the price Of wild land; or at
two and a hall dollars per acre for bar
rem plans, such as most of the land at
the Slough was; and that in no case
would price exceeding ten dollars per
acre be charged, even for timbered
land.
A large portion of the settlers now at
the Slough had come in compliance
with this invitation and agreement on
the part of the railroad company. and
they still relied upon the promise Of the
company, or thought the courts would
compel it to comply with the promise
set forth in its circulars-a promise
which became binding contract when
the settlers, acting upon it, came upon
the land and began to improve it.
The officers of the company had.
however. no intention OF complying
with the promise, and their success in
brbing Congress led them to feel that
the courts. They demanded the full
value of all lands, including improve
ments, and claimed that the words
actual settlers in the resolution OF
Congress referred TO such as Govern
ment had granted patents to before the
passage Of the act making the grant Of
lands to the company; which was be-
fore the first settler came 10 the Slough.
and was of lands along the line pro-
posed in their charter, distant one hun
dred and fifty miles and on the other
side OF . range Of mountains.
During all this time the settlers had
held frequent meetings and endeavored
In every legal manner known to them
10 defend their rights. Erastus Hem
mingway was always i'm attendance
upon these meetings, and although he
said but little. what he did say was al
ways to the point clear and forcible,
and he came to be regarded by all Is
one whose Judgment was Of value, and
who was ever prompt with his portion
Of the money found necessary to be
raised from time to time in defense Of
their homes.
At last. and after repeated meetings
and much discussion, it was decided to
make an offer to compromise with the
company as the cheapest way out Of
the difficulty, and letter was addressed
to its chief officer, stating that while
they did not recognize either the legal
or equitable claim of the company to
their lands. yet for the sake Of being at
peace they would all pay the prices
which those who came by invitation of
the company had been promised the
land at; or the price which a disinter-
ested committee would say the lands
without the improvements were now
worth; or the price at which the CON-
pany was now offering to sell raw land
those who took homestead and pre-
1c.s Il.
made any pretense of being entitled to
the land-while it still protested TO be
intending to build its road and take the
lands upon the line laid dow:a in its
charter-to pay from two and a half to
ten dollars per acre for what they
should have had for nothing as home
steadcrs. or on payment OF one dollar
and quarter per acre to the Govern
ment in case they claimed rs pre-
emptors. But all were weary of ths
long contest and preferred peace ut an,
price short of bankruptcy. rather thar
. continuation of their troubles.
In reply to this offer of the settlers
the President of the company responded
saying that they were willing to 4,
what should appear right, and request
ing the settlers to select committe,
from among themselves to come to Sal
Francisco to confer with the representa-
tives Of the company. This letter wa
read at regular meeting of the Set
tiers League. and a committee imme
diately selected and authorized to &C
for the whole. Among these chosel
for this duty were Erastus Hemingwa,
and his neighbor Mr.. johnson. TIL,
committee proceeded to San Francisco
put up at hotel and notified the rail
road officials of their presence an,
readiness to confer. Instead If proceed
ing to the conference, however. one o
the officials went before the authorities
swore out warrants and had them al
arrested and conveyed to Jail, wher
they were locked up and forced to re
main until morning, and the bushes
men of the city were notified that
was the will of the railroad compan,
that no one should 60 bail for the ar
rested men, and that the compan,
would ruin the business of any one wh'
dared to do so.
After lying in Jail all night they wer
taken before the court and dismisse,
without a hearing, and in spite of thei
protest and demands to be given an op
portunity to explain to the court tn
circumstances of their arrest, and S,
were forced to return to their home
and their waiting neighbors and repor
that no mercy was to be expected frol
those who had conspired to reduc
them to serfdom upon their own land.
Still these men retained possession G
their homes, and though they ha
ceased making improvements. wer
able TO obtain subsistence therefrom.
Time passed, and the railroad CON
pany obtained from the Government
patents for the amount of land specific
in the original grant. The road Wa
not completed as the law making tn
grant required that it should be befor
the patents should issue, one hundre
and ten miles of it being then, as no,
(lSS4, untouched, and no portion of
being upon the line specified in thei
charter, which was the only line upo
which they had the right to build
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