Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-03-06
May Result In Attempt to Have
the Hannan-Sims Act
Repealed
BILL OF COMPLAINT FILED
Omaha Bridge & Terminal Company
File. Amended Bill Against secre-
tary Of State w. 3. Martin, Charles
r. Hannah, ct. aI-DeaI is Attacked
on Alleged UnconstitutionaIityo Of Law
Special to Times Republican.


Council Bluffs, March GA direct
attack on the constitutionality of the
Iowa act, under which this state claims
several thousand acres Of accreted land
and abandoned river channels and riv-
er beds Of the Missouri, has been made
in an amended bill of complaint filed
here in the case of the Omaha Bridge
& Terminal Company against Secre-
tary of State w. B. Martin, Charles r.
Hannah, ct al. The amended bill also
protests vigorously against the pend
ing transfer Of more than one thous-
and acres from the state to Charles
r. HANNAH and Jacob Sims. This case
is one OF four filed restraining the de-
PENDANTS from transferring the property
and grows out Of one Of the biggest
land grab schemes ever concocted In
the state of Iowa, 1t is said.
At the last session of the legislature.
Jacob Sims, a well known attorney
who concocted the scheme and Charles
r. Hannah, who had the money, en-
gineered the bill thru providing for the
conveyance of all abandoned river
channels, islands and accreted lands to
the state. The bill further provided
that the state should have power to
sell these slands, and should sell them
to the first applicant. Sims and Ham,
OF course, were the first applicants
and for a few hundred dollars had
opened deal with the state for the
purchase of the property, which is
strung out all the way between here
and Sioux City.
A survey of the land which had been
applied for was we'll under way when
Count Creighton, of Omaha, and some
eastern capitalists, learned of the
movements Of Sims and Hannah and
Immediately asked for restraining
order from Judge Smith MCPHERSON,
which was granted after a series Of
accidents and delayed trains, which
came before the judge and the COM
plainants could get together. Creigh-
ton and the others claimed title to
the lands which fell under the pro-
visions Of this act.
Now the deal is attacked on the all
legged unconstitutionality Of the law.
The complainants claim It Is unconsti-
IulAOudl ia IAdI ~ 10 IA uISCI COllllCS
with amendment fourteen Of the con-
stitution OF the United States. It is
set forth that the act provides abso-
lutely for the sale Of the lands to the
first applicant at the appraised price
and does not, give to the state the
opportunity for competition among
prospective purchasers. Further, it is
said, Immediately upon the passage Of
the act filing was made upon several
thousand acres of land which has been
for many years In the possession Of
private claimants and the Terminal
Railway Company upon which they
have made several thousands Of dol
lars worth Of improvements. The
statute provides for no notice to them
and but for the accidental discovery OF
the proceedings deed would have
been obtained to the property without
any chance for them to be heard either
in court or before the governor.
It is thought the fight for the lands
will result in an attempt to have the
Hannah Sims act repealed at the next
sitting Of the legislature.