Webster City freeman., 1913-10-14
THAT RIVER LAND
CONTROVERSY
Supreme Court of the United States
Finally Called upon to
Decide Important
Question.
TWO CORPORATIONS IN CLASH.
The Dubuque & Pacific Railroad
Company Defeat the River
p Land Company.

From the History or hamilton
County by F. @. and j. w. Lee: On
June 9, 1854, the Des Moines Navi-
CATION G. Railroad Company (known
by the settlers as the River Land
company, a corporation organized
under the laws of Iowa, and compos-
ed of eastern capitalists, entered in
to a contract with the state, the ma
terial provisions of which were as
follows:
The company agreed for consider
ations named to make and finish the
improvement from the Mississippi
river to the Raccoon Forks, the
work to be completed on or before
July 1, 1858, one-fourth part of 1t
each year, commencing July 1, 1854;
to pay all debts outstanding against
the improvement December %, 1853,
provided the amount did not exceed
100000, to meet which liabilities it
paid over to the commissioner the
sum of $4,000; and on the other
hand should be entitled to receive all
moneys due to the improvement
from the general government and
all claims and demands against the
general government, together with
various other sums specified and was
required to pay from time to time
the salaries Of the commissioner, reg
lister, engineer and other officers and
employees of the Improvement. The
state and the commissioners were to
sell and convey to the company j.
the manner and upon the terms
therein provided, all of the lands
donated to the state for the i'm
provement by the act Of congress,
remaining unsold by the state, De-
cember %, 1853. for which the COM
pany agreed to pay $1,000, 600 in
the manner also therein provided.
Whenever the company should do
work to the amount Of $4,000 ac-
cording to estimates made by the
acting engineer, the proper agent Of
the state was to convey TO the COM
pany lands belonging to the i'm
provement to the amount of $50
600 at the rate of Sl.25 per acre,
deducting l 5 per cent to be adjusted
on final settlement, and so, as to
each successive estimate Of 100000,
until work should be done TO the
amount Of $1,300.00O, if so much
land should remain unsold from and
after December 23, 1858, and until
the work should be completed. Upon
the expenditure of the $1,30O,0o0
and the completion of the work, all
of the work, all OF the lands remain
ing uuconveyed if any, were 10 be
conveyed to the company. All money
paid by the company to the register
Q or commissioner OF the improvement
in the payment Of liabilities on ac-
count OF the former prosecution OF
the work by the state, was to be
deemed expended on the improve
ment by the company for which the
register should convey lands to it AT
S1.25 per acre. equal to the amount
so paid, which amount should be in
Guided as part of the $1,000. 900. Fol
all moneys advanced by the compa2I
for salaries and pay OF officers, and
agents or servants, for rights of way
damages to mill owners. and Other
matters not covered by actual wocF
done on the improvement, lands
were also to be conveyed TO 1t a
the stipulated price OF Sl.25 pc
acre. The prices for the differen
the engineer was to make his esti
mates. and by which the partie
were to be governed in the convey
ance Of lands were specified as ia
as practicable, and when not spe"i
fed were to he fixed by the engineer
who was to be appointed by the join
assent OF both parties. The woTJ
was to be done under the joint su
pervision of the board OF publ
works and engineers, except as 9th
erwise provided in the contract. TIL
company was to look alone to tn
funds belonging to and arising fror
the improvement for compensation
the state in no event to be liabl
therefor.
In May 1856. the old question q
TO the extent of the grant agai
arose and Attorney General Cushin
suggested a compromise whereh
the state and its assigns were to n
ceive the lands to the states mort
line but we're to release any claii