The Van Buren press., 1899-01-14

! for tbaf purpose. inhsWucH as thtSe
funds must be invested in bonds of the
state. or of the United States | think
If advisable to make a new issue Tor
the principal sum due on these bohds'
hearing. as | before stated. not
exceeding per cent interest. SIX per
cent is too much for a state 10 pay
-Four per cent Is enough. No Just COM
plaint can be made at this reduction
on new bonds. The state already pro
yides as well as. if not better than, any
other state i'm the Union for the educa-
tlon of her children. and this has been
done all the time while no interest was
paid upon these bonds belonging 10 the
school fund.
After the adjournment OF the regular
session af the last general assembly
the Fifty-fourth congress of the United
States having failed to approve the
settlement made by Govern6s Clarke
upon the part of the state, and the sec
retaries of the treasury and interior
upon the part of the United States, l
/ felt It TO be my duty to take the neces-
/ sary steps TO carry into execution the
nroyision of the statute approved April
/ 8 1889. entitled, An act to authorize
/ the governor to compromise and adjust,
prosecute and secure all claims OF the
! state of Arkansas against the ohlleu
States for lands heretofore granted
and all other claims under existing
or future laws, AID fer other purposes.
Section of said act provides. that ID
exercising and carrying out the powers
conferred by this act, the governor
may. under written contract employ
attorneys g agents TO act for the state
in prosecuting any claim, or in locating
and selecting any lands due the state.
and such attorneys o. agents 10 lie
compensated in a measure to be stlp-
ulated III such cau -" 5 ana PAID olt
of the proceeds of any claim prose
cuted by them, whether in land. land
scrip, money, or other thing, in kind.
or in money received from the sale OF
land, land scrip. or other thing re-
covered or secured to the state. not ex-
cecding. however, % per cent OF the
amount recovered. Provided, that the
state shall in 10 event become liable
for any costs in the preparation or
prosecution of any claim. or action. or
for any expense in selecting any lands,
or locating any scrip. except as herein
provided
Acting under this power | entered in
TO a written contract, of late April 1G.
1897, with Ex-Governor James p.
Clarke. on account Of his well known
ability as a lawyer and his perfect
familiarity with the matter, to do all
and singular those acts and things
which an agent and attorney WAS. by
said act and the laws Of the state. au-
thCrized to do I'D connection with a
final adjustment of any and all the
matters then in dispute between the
state and the United States aud certain
railroad corporations of the state: TO
prosecute in any court, or tribunal any
claim which the state then had. or
might be entitled TO for the recovery
Of the possession Of any land not held
by innocent purchasers thereof, and
in such eases to pursue the person CT
corporation SO wr0ngfully receiving
/ said purchase money belonging to the
state to recover the same, as we'll as tG
j recover for and secure to the state any
/ lands, land scrip, securities, money, ol
/ other thing of value, either from the
/ United States or the said railroad cor
| porations. 1t was expressly stipulated
| in said contract that any proceedings
taken by said attorney should not i'm
pose upon the state any liability FOL
COSTS or expenses, and that said at
| torney should have no authority to con
clude any compromise or settlement
without having submitted the same t.
the governor for his approval, as pro
yided in the laws of the state: but tha
any settlement or compromise other
wise brought about or effected withou
the cooperation of said attorney SHOULD
not have the effect of depriving hin
Of compensation for the services IN
might render. which compensation
should be paid in kind as mentioned il
said act. but in no event to exceed ?
per cent of the value so recovered 0
surrendered.
Governor Clarke thereafter pro
ceeded to execute the duties imposed
upon him by said contract and had pro
gressed so far as to encourage the be
lief ii hin aLh in myself 5'iit ?ni
and reasonable compromise with tn
railroad corporations concerned woul
be effected, when the Fifty-fifth con
gresS Of the United States assemble
and the senators and representatives o
the state therein assented to an
pressed to its passage the act of con
gress which confirmed the settlemen
made by Governor Clarke and the sec
retaries of the treasury and interior
with what is commonly known as tn
MeikleiOhn amendment theretO. AS
well known this Meiklejhoh amenf
ment obligated the state to surrende
all claims 10 the lands in dispute bC
tween the state and the railroad CO.
porations. amounting to 2I3,0OO acre
did not believe in the justice or tn
policy Of this amendment, nor do
now believe in it. because it gay
away without any consideration Wha
ever 273,O00 acres of the states va
liable lands to understanding railroa
corporations; but inasmuch as the gel
eral assembly of the state at its las
regular session. sanctioned 1t by col
current resolution, over my objection
and the senators and representative
Of the state voted for and secured II
passage through the congress of IL
United States, there was no course le
fog me to pursue, except TO yield unwi
ling consent and let the settlement
carried into execution. which was don
BY this settlement the United stat,
surrendered TO the state S1,52924O
the states bonds and coupons. In CO..
sideration of the services rendered |
Governor Clarke under said contrac
and as full compensation therefor
paid him one Of said bonds. beiI
. funded bond No. 2099 of the series
tC-A Tho ofbn, hou1e and qDnpol