St. Paul daily globe., 1889-02-22


the bill herewith returned, and care
full re-examination of the matters en-
braced in the proposed legislation
has further satisfied me of their validi-
ty and strength The trouble proposed
to be cured by this bill grew out
of indefniteness and consequent
contradictory construction by the
officers of the government Of a
grant of land made in 1916 by
congress to the state of Iowa (then a
territery) for the purpose of aiding in
the improvement of the Des MoineS
river. This grant was accepted on the
9th day of January, 1S47, by the state Of
Iowa, as required by the actof congress,
and soon thereafter the question arose
whether the lands granted were limited
to those which adjoined the river in its
course northwesteriy from the southerly
line of the state to point called the
Raccoon Fork, or whether such grant
covered lands so adjoining the river
through its entire course through the
territory, and both below and above the
Raccoon Fork. The president the refers
at length to the various acts of con-
gress and decisions of the interior de-
partment on the subject. Continuing,
he says: ''The bill under consideration
provides GilaG all laDQS.
IMPROPERLY CERTIFIED TO IOWA,
under the grant of 1916, as referred to
III the joint resolution of 1861, and for
which indemnity lands were selected
and received by the state, as provided
in the act of 1862, ''are, and are hereby
declared to be public lands of the
and their heirs who, with interest in
good faith to obtain title under the pre-
exemption and homestead laws of the
United States, have entered and re-
manned Upon any tract of said land
prior to 1880, are confirmed and made
valid to them and their heirs not exceed
ing 160 acres, and upon due proof and
payment OF the usual price or fees, it
is directed that such claims shall be
carried to patent. 1t is further pro-
vided that the claims of settlers and
claimants which do not come in
conflict with the claims of the
parties above mentioned. are
confirmed and made valid. By the
second section of the bill it is made the
duty OF the attorney general as soon as
practicable, and within three yaarS after
the passage of the act to institute pro-
ceedings to assert and protect the title
of the United States to said lands, and
to remove all cloud from its title there
to. One result of this iegisfation,if con-
summated and If effectuaI, would be to
restore to the United States, as. part of
the public domain, lands which more
than twenty-five years ago the govern
ment expressly
GRANTED AND SURRENDERED.
and which repeated decisions of the su-
preme court have adjudged to belong,
by virtue of this action of the govern
ment, to other parties. Another result
would be not only to validate claims to
this land. which our highest judicial
tribunal has solemnly declared TO be in-
valid, but to actually direct the issue OF
patents in confirmation of said claims.
Still another result would be to obfige
enter the courts of the United States os-
tensibly to assert and protect its title to
said land. while in fact it would be
used to enforce private claims to the
same and unsettie private ownership.
1t is by no means certain that this pro-
posed legislation, relating to a subject
peculiarly within the judicial function.
and which attempts to disturb rights
and interest thoroughly intrenched in
the solemn adjudications of our courts,
would be upheld. In any event, it
seems to me that it is an improper eX-
erciSe of legislative power, an lnterfer-
enee with the determinations of CO.
ordinate branch of the government, an
arbitrary annulment of public grant
made more than twenty-five years ago.
an attempted destruction of vested
rights and threatened impairment of
lawful contracts. The advocates of this
measure insist that a point in
favor of the settlers upon these
lands and important in the con-
sideration of this bill is found in the
following language of the constitution
OF the state of iowa, which was adopted
in 1857. The general assembly shall
not locate any Of the public lands which
have been or may be granted by con-
gress to this state, and the location of
which may be given to the general as
sembly, upon lands actually settled.
without the consent of the occupant.
The state under its constitution was
perfectly competent to the grants of
1861 and 1862, the clause of the constitu
tion above quoted, deals expressly with
Glands which have been OF may be
granted by congress to the state," and
thus of necessity recognizes its right to
take such grants. This competency in
the state as a guarantee was all that
was needed to create under the joint
resolution Of 1861, and the act of 1862,
complete
DIVESTITCRE OF THE INTERESTS
of the United States in these lands. 1t
must be borne in mind, too. that prior
to this time these lands had been con-
veyed by the state of Iowa in further
ance of the purposes OF the original
congressional grants, ana that the joint
resolution of 1861 and act of 1862 were
really made for the benefit of those who
held under grants from the state. After
these grants by the government it had
no concern with these lands. If, in any
stage of the proceedings, the general
assembly of Iowa was guilty of any
neglect of duty, or failed to act in ac-
eordance with the constitution
of the state of Iowa, the remedy
should be found in the courts of that
state; and it is difficult to see how the
situation in this aspect can be changed
or improved by the bill under consider.
alton. am Hnmindful of the fact that
there NAV be persons who have suf-
fered, or who are threatened with loss
through a reliance upon the erroneous
decisions of government officials as to the
extent of the original grant from the
United States to the territory
of Iowa. [ believe cases Of
this kind should be treated
in accordance with the broadest senti-
ment of equity and that where loss is
apparent. arising from real or fairly
supposed invitation of the government
to settle upon the lands mentioned in
the bill under consideration. such loss
should be made good. But do not be-
lieve that the condition of these settlers
will be aided by encouraging them in
such further litigation as the terms of
this bill invites. nor do believe that in
attempting to right the wrongs of which
they complain, legislation should be
sanctioned misehievous in principle,
and in its practical operation doing i'll
justice to others as innocent as they