HISTORY: The State of Iowa -- Public Lands From the A.T. Andreas Illustrated Historical Atlas of the State of Iowa, 1875 ************************************************* Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm ************************************************* THE PUBLIC LANDS The grants of public lands for different purposes made in the state are the following: Ist.—The 500,000 Acre Grant 2d.—The 16th Section Grant 3d.—The Mortgage School Lands 4th.—The University Grant 5th.—The Saline Grant 6th.—The Des Moines River Grant 7th.—The Des Moines River School Lands 8th.—The Swamp Land Grant 9th.—The Railroad Grant 10th.—The Agricultural College Grant Ist. – THE 500,000 ACRE GRANT The state, upon her admission into the Union, became entitled to 500,000 acres of land by virtue of an act of Congress approved September 4th, 1841. This act grants to each state therein specified 500,000acres of the public lands, for the purposes of internal improvements; and also to each state subsequently admitted into the Union, so much land as shall together with what may have been granted to her while a territory, for such purposes, make the amount of 500,000 acres, all to be selected within the limits of the state. The constitution of the state provides that these lands, together with all the lands that have been, or may hereafter be, appropriated by Congress for the benefit of schools, shall be and remain a perpetual fund for the support of schools throughout the state. The Permanent Common School fund of the state is made up of the proceeds of this grant, together with the sixteenth sections, the five per cent fund, and the estates that escheat for the want of heirs. By an act of the General Assembly, approved January 15, 1849, School Fund Commissioners were appointed, whose duty it was to select the school lands and have the care and sale of the same for the benefit of the School Fund. Up to 1855, the School Fund Commissioners acted under the supervision of the Superintendent of Public Instruction; but on the 15th of January of that year an act was passed by the General Assembly conferring on the Commissioners exclusive authority in the sale of all the school lands. By an act of the General Assembly, approved March 23, 1958, the office of School Fund Commissioner was abolished, that officer in each county being required to turn over all papers and make full settlement with the county judge. This latter officer and the township trustees were, by the same act, made agents of the state to control and sell the sixteenth sections; but no further provision was made for the control and sale of the 500,000 acre grant till April 3d, 1860, at which time the General Assembly transferred the entire management of the school lands to the board of supervisors of the several counties. Up to 1865 the following lands had been selected in the several counties indicated, and the number of acres specified in the first column patented. The other columns show the amount unpatented and the whole amount in each county: COUNTIES NO. ACRES NO. ACRES TOTAL IN PATENTED UNPATENTED EACH COUNTY Adair. . . . . . . . 2,027.50 364.39 2,391.89 Adams. . . . . . . . 440 1,480.00 1,920.00 Allamakee. . . . . . 65,007.47 5,212.06 70,219.53 Appanoose. . . . . . 2,040.00 360 2,400.00 Benton. . . . . . . . 10,021.10 1,770.70 11,791.80 Black Hawk. . . . . . 7,917.74 456 8,382.74 Boone. . . . . . . . 812.12 240 1,052.12 Bremer. . . . . . . . 17,172.13 1,988.44 19,160.57 Buchanan. . . . . . . 1,445.69 1,039.75 2,485.44 Butler. . . . . . . . 478.51 ---------- 478.51 Cedar. . . . . . . . 5,041.17 1,771.27 6,812.44 Chickasaw. . . . . . 2,489.21 790.05 3,279.26 Clarke. . . . . . . . 12,820.75 3,188.25 16,009.00 Clayton. . . . . . . 18,834.40 3,982.62 22,817.02 Clinton. . . . . . . 19,594.52 1,346.83 20,941.35 Dallas. . . . . . . . 12,202.95 1,436.31 13,699.16 Davis. . . . . . . . 765.06 174.15 939.21 Decatur. . . . . . . 34,633.16 6,004.32 40,637.48 Delaware. . . . .. . 11,115.12 280 11,395.12 Dubuque. . . . . . . 14,926.53 1,268.34 16,194.87 Fayette. . . . . . .. 28,918.95 1,928.90 30,847.85 Floyd. . . . . . . . 2,771.68 710 3,481.68 Hardin. . . . . . .. 1,320.00 40 1,360.00 Hamilton. . . . .. . 5,605.03 1,056.35 6,661.38 Harrison. . . . . .. 1,573.44 5,951.42 7,524.86 Iowa. . . . . . . . 13,850.93 10,126.24 23,976.17 Jackson. . . . . . . 287.5 520 807.5 Jasper. . . . . . . . 1,594.94 80 1,674.94 Jones. . . . . . . . 25,308.32 4,632.14 29,940.46 Keokuk. . . . . . . . 590.64 80 670.64 Linn . . . . . . . . 9,996.63 1,049.44 11,049.07 Louisa . . . . . . . 640------------- 640 Lucas. . . . . . . . 440 200 640 Madison. . . . . . . 8,703.26 682.76 9,386.02 Mahaska. . . . . . . 9,147.75 80 9,227.75 Marion. . . . . . . . 1,254.61 160 1,414.61 Marshall. . . . . . . 6,035.80 120 6,155.86 Monroe. . . . . . . . 986.57------------- 986.57 Muscatine. . . . . . ------------ 357.33 357.33 Polk . . . . . . . . 2,425.62------------- 2,425.62 Poweshiek . . . . . . 4,022.02 8,693.22 12,715.24 Ringgold. . . . . . . 269.22 337.98 607.2 Shelby . . . . . . . ------------ 56.81 56.81 Story. . . . . . . . 2,974.08 821.66 3,796.74 Tama . . . . . . . . 8,254.33 3,397.09 11,651.42 Union. . . . . . . . 8,291.42 2,463.54 10,754.96 Wapello . . . . . . . 6,761.57 280 7,041.57 Warren. . . . . . . . 5,043.97 600 5,643.97 Wayne . . . . . . . . 13,315.87 2,262.97 15,578.84 Webster. . . . . . . 8,373.10 530.47 8,903.57 Winneshiek. . .. . . 23,869.18 580 24,448.18 __________ __________ ____________ Total. . . 442,471.62 80,960.70 523,432.32 2D – THE SIXTEENTH SECTIONS. By virtue of the act of Congress admitting Iowa into the Union, and an act of the General Assembly, approved January 15, 1849, there was granted to the state the sixteenth section in every township, and where that section had been sold or otherwise disposed of, other lands of like amount in lieu thereof, for the use of schools. The proceeds of the sale of these lands are made by the constitution a part of the permanent school fund of the state. The General Assembly provided for the sale of these lands by placing them under the control of the school fund commissioners of the several counties till the 23d of March, 1858, when they were placed in the hands of the county judge, in connection with the township trustees, and on the first Monday in January, 1861, were finally transferred to the care and management of the board of supervisors. March 24, 1864, an act was passed by the General Assembly requiring the clerks of the board of supervisors to report to the State Land Office on the first of May, 1864, the amounts of these lands in their respective counti4es, with the description, allotments and valuation thereof, so far as allotted or appraised, and designating the sold from the unsold land. It also required them to report on the first of November, 1864, and every six months thereafter, all sales, allotments and appraisements made after the first of May, 1864. From the reports received to November 1, 1865, and information already in his possession, the Register of the State Land Office, at Des Moines, prepared the following statement: COUNTIES NO. ACRES NO. ACRES TOTAL IN PATENTED UNPATENTED EACH COUNTY Adair . . . . . . . . 645 9,595.00 10,240.00 Adams . . . . . . . . 1,400.00 6,280.00 7,680.00 Allamakee . . . . . . 8,760.00 2,760.00 11,520.00 Appanoose . . . . . . 9,140.00 1,100.00 10,240.00 Audobon . . . . . . 441 7,239.00 7,680.00 Benton. . . . . . . . 11,196.10 1,603.90 12,800.00 Black Hawk. . . . . . 5,581.15 4,658.85 10,240.00 Boone. . . . . . . . 4,060.00 6,180.00 10,240.00 Bremer. . . . . . . . 4,080.00 3,600.00 7,680.00 Buchanan. . . . . . . 8,280.00 1,960.00 10,240.00 Buena Vista . . . . .------------- 10,240.00 10,240.00 Butler . . . . . . . 3,220.00 7,020.00 10,240.00 Calhoun . . . . . . . 160 10,080.00 10,240.00 Carroll . . . . . . . 520 9,720.00 10,240.00 Cass . . . . . . . . 240 10,000.00 10,240.00 Cedar . . . . . . . . 9,442.36 797.64 10,240.00 Cerro Gordo. . . . . 957 9,283.00 10,240.00 Cherokee . . . . . . ------------- 10,240.00 10,240.00 Chickasaw . . . . . . 3,800.00 3,880.00 7,680.00 Clarke. . . . . . . . 4,560.00 3,120.00 7,680.00 Clay . . . . . . . . ------------- 10,240.00 10,240.00 Clayton. . . . . . . 11,171.67 2,543.41 13,715.08 Clinton. . . . . . . 9,902.74 3,114.03 13,016.77 Crawford . . . . . . 640 9,600.00 10,240.00 Dallas. . . . . . . . 5,251.80 4,988.20 10,240.00 Davis . . . . . . . . 8,800.00 1,440.00 10,240.00 Decatur. . . . . . . 7,400.00 2,840.00 10,240.00 Delaware. . . . .. . 10,068.98 171.02 10,240.00 Des Moines . . . . . 5,602.79 1,790.02 7,392.81 Dickinson. . . . . . ----------- 7,680.00 7,680.00 Dubuque. . . . . . . 11,006.10 230 11,236.10 Emmett. . . . . . . . ----------- 7,680.00 7,680.00 Fayette. . . . . . .. 7,280.00 5,520.00 12,800.00 Floyd . . . . . . . . 2,660.00 5,020.00 7,689.00 Franklin . . . . . . 1,630.00 8,610.00 10,240.00 Fremont . . . . . . . 2,400.00 7,680.00 10,080.00 Greene . . . . . . . 1,096.00 9,144.00 10,240.00 Grundy. . . . . . . . 800 8,160.00 8,960.00 Guthrie. . . . . . . 2,400.00 7,840.00 10,240.00 Hamilton . . . . . . 1,120.00 9,120.00 10,240.00 Hancock. . . . . . . ----------- 10,240.00 10,240.00 Hardin . . . . . . . 5,160.00 5,080.00 10,240.00 Harrison (estimated). 1,300.47 10,859.53 12,160.00 Henry . . . . . . . . 7,410.00 270 7,680.00 Howard. . . . . . . . 1,195.69 9,044.31 10,240.00 Humboldt. . . . . . . 1,373.12 6,306.88 7,680.00 Ida . . . . . . . . . ----------- 7,680.00 7,680.00 Iowa. . . . . . . . 7,338.00 2,902.00 10,240.00 Jackson. . . . . . . 10,599.50 530.75 11,130.25 Jasper. . . . . . . . 8,920.00 3,880.00 12,800.00 Jefferson . . . . . . 7,550.00 130 7,680.00 Johnson . . . . . . . 9,281.29 1,598.71 10,880.00 Jones. . . . . . . . 8,237.10 2,002.90 10,240.00 Keokuk. . . . . . . . 7,605.00 2,635.00 10,240.00 Kossuth . . . . . . . 1,360.00 16,560.00 17,920.00 Lee. . . . . . . . . 9,376.44 505.81 9,882.25 Linn . . . . . . . . 12,175.97 624.03 12,800.00 Louisa (estimated). . 6,999.99 437.01 7,437.00 Lucas. . . . . . . . 5,420.00 2,260.00 7,680.00 Lyon . . . . . . . . ------------ 11,520.00 11,520.00 Madison. . . . . . . 8,020.00 2,220.00 10,240.00 Mahaska. . . . . . . 9,887.67 352.33 10,240.00 Marion. . . . . . . . 8,600.00 1,640.00 10,240.00 Marshall. . . . . . . 7,720.00 2,520.00 10,240.00 Mills. . . . . . . . 2,960.00 5,040.00 8,000.00 Mitchell . . . . . . 6,120.00 4,120.00 10.,240.00 Monona . . . . . . . 154.79 15,633.95 15,788.74 Monroe. . . . . . . . 7,240.00 440 7,680.00 Montgomery. . . . . . 2,560.00 5,120.00 7,680.00 Muscatine. . . . . . 6,836.75 1,100.08 7,936.93 O'Brien . . . . . . .------------- 10,240.00 10,240.00 Osceola . . . . . . .------------- 7,680.00 7,680.00 Page . . . . . . . . 2,500.00 7,740.00 10,240.00 Palo Alto . . . . . .------------- 10,240.00 10,240.00 Plymouth . . . . . . ------------- 14,720.00 14,720.00 Pochahontas. . . . . ------------- 10,240.00 10,240.00 Polk . . . . . . . . 7,509.93 2,730.07 10,240.00 Pottawattamie (estima 12,285.91 5,240.00 17,525.91 Poweshiek . . . . . . 7,000.00 3,240.00 10,240.00 Ringgold. . . . . . . 5,990.00 4,250.00 10,240.00 Sac . . . . . . . . .------------- 10,240.00 10,240.00 Scott . . . . . . . . 8,235.97 396.5 8,632.47 Shelby . . . . . . . 880 9,360.00 10,240.00 Sioux (estimated) . ------------- 13,280.00 13,280.00 Story. . . . . . . . 3,600.00 6,640.00 10,240.00 Tama . . . . . . . . 6,380.00 6,420.00 12,800.00 Taylor . . . . . . . 1,880.00 8,360.00 10,240.00 Union. . . . . . . . 1,550.00 6,130.00 7,680.00 Van Buren . . . . . . 7,995.00 2,245.00 10,240.00 Wapello . . . . . . . 6,752.19 927.81 7,680.00 Warren. . . . . . . . 7,040.00 3,200.00 10,240.00 Washington . . . . . 7,986.11 2,253.89 10,240.00 Wayne . . . . . . . . 7,420.00 2,820.00 10,240.00 Webster. . . . . . . 7,416.67 8,383.33 12,800.00 Winnebago . . . . . . 280 7,400.00 7,680.00 Winneshiek . . . . . 10,968.00 1,832.00 12,800.00 Woodbury . . . . . . 160 15,520.00 15,680.00 Worth . . . . . . . . 680 7,000.00 7,680.00 Wright . . . . . . . 1,360.00 8,880.00 10,240.00 __________ __________ ____________ Aggregate. 450,594.25 563,019.96 1,013,614.21 3D – THE MORTGAGE SCHOOL LANDS. The lands mortgaged to the school fund do not belong to any of the grants and become school lands under the act of the General Assembly of 1862, by being bid off by the state. The law requires that when any person desires to borrow money from the permanent school fund, he shall secure the payment of the same, together with interest thereon at ten per cent, per annum, by promissory notes endorsed by two good sureties and by mortgage on unincumbered real estate, which, exclusive of any buildings, is appraised by three appraisers and situated in the county where the loan is made. The loans are made and the security taken by the county auditor, who is required to report to the board of supervisors at each meeting of the same, for their examination, all notes, mortgages and abstracts of title connected with the school fund. In case the persons holding lands so contracted or mortgaged, shall neglect to pay the sums due thereon, or make an arrangement for an extension of time as the law provides, the board of supervisors may cause suit to be brought and prosecuted with the utmost diligence to secure said funds and in any action in favor of the county for the use of the school fund, as injunction may issue without bonds, and in any such action, where service is made by publication, default and judgment may be entered and enforced without the bond required of individuals. In case of sales of lands on execution founded on any such mortgage or contract, the attorney for the board of supervisors, or other person authorized by the board, shall bid on behalf of the state or county for the use of said fund such sum as the interests of said fund may require, and if struck off to the state, the same shall be held and disposed of in all respects the same as the other lands belonging to said fund, except that all such contracts, notes and mortgages, shall be made payable to the county controlling them, and shall not be invalid because made payable to any other payee. Lands bid off by the state in the respective counties under this law are known as the Mortgage School Lands. Reports of them, including description, and amount, are required to be made to the State Land Office. We have not been furnished with a complete summary up to the present date, but the following statement made by the Register of the Land Office at Des Moines, will show the number of acres and town lots reported in the several counties, and such as had been patented to the state prior to 1865. COUNTIES Amount Amount Total No. Lots No. Un- Total No. Patented Unpatented Amount Patented Patented of Lots Appanoose . . . . . . ----------- 130 130 1 1 2 Benton . . . . . . . 602.1/8 400 1,002.1/8 1 1 2 Bremer . . . . . . . 320 320 640 ----------- 10 10 Cedar . . . . . . . . ----------- 40 40 3 3 6 Cerro Gordo. . . . . ----------- ----------- ----------- ----------- 2 2 Clayton. . . . . . . ----------- ----------- ----------- 2 ----------- 2 Clinton . . . . . . . 52 40 92 4 2 6 Dallas. . . . . . . . 40 ----------- 40 ----------- ----------- ----------- Davis . . . . . . . . 40 ----------- 40 ----------- ----------- ----------- Decatur. . . . . . . 400 1,800.00 2,200.00 4 20 24 Delaware . . . . . . 203.72 240 443.72 ----------- 4 ½ 4 ½ Des Moines . . . . . ----------- 41 41.22 ----------- ----------- ----------- Dubuque. . . . . . . 50 80 130 2 6 8 Fayette . . . . . . . 50 ----------- 50 ----------- ----------- ----------- Hamilton . . . . . . 160 ----------- 160 ----------- ----------- ----------- Hardin . . . . . . . 20 80 100 ----------- ----------- ----------- Harrison . . . . . . 40 ----------- 40 ----------- ----------- ----------- Henry . . . . . . . . 80 ----------- 80 2 ----------- 2 Iowa . . . . . . . . ----------- 220 220 ----------- ----------- ----------- Jones. . . . . . . . 280 ----------- 280 5 ----------- 5 Louisa. . . . . . . . 116 533.54 649.54 ----------- 3 3 Madison . . . . . . . 40 440 480 ----------- ----------- ----------- Mills. . . . . . . . ----------- 214 214 ----------- ----------- ----------- Page. . . . . . . . ----------- 2,040.00 2,040.00 ----------- ----------- ----------- Poweshiek . . . . . . 160 1,320.00 1,480.00 ----------- 1 1 Ringgold . . . . . . ----------- 1,200.00 1,200.00 ----------- ----------- ----------- Scott. . . . . . . . 70 90 166.8 1 5 6 Story . . . . . . . 160 140 300 ----------- 10 10 Washington . . . . . 267 470 737 ----------- ----------- ----------- Wayne . . . . . . . . 260 2,056.00 2,316.00 6 7 13 Webster . . . . . . . 610 ----------- 610 ----------- ----------- ----------- Winneshiek . . . . . 80 ----------- 80 1 ----------- 1 ________ ________ ________ _________ ________ ________ 1,377.00 2,666.00 4,043.00 32 75 ½ 107 ½ Since the first day of January, 1874, the boards of supervisors of the several counties have had the sole management and control of the loans of the school fund on notes and mortgages. Since that date also loans have been transferable to other counties in cases where a thousand dollars cannot be loaned in the county according to law. 4th -- University Lands. By act of Congress, July 20, 1840, the Secretary of the Treasury was authorized to set apart and reserve from sale out of any of the public lands within the Territory of Iowa to which the Indian title had been extinguished, and not otherwise appropriated, a quantity of land not exceeding two entire townships, for the use and support of a university within said territory when it should become a state. This land was to be located in tracts of not less than an entire section, and could be used for no other purpose than that designated in the grant. In an act supplemental to that for the admission of Iowa, March 3, 1845, the grant was renewed, and it was provided that the lands should be used "solely for the purposes of such university, in such manner as the Legislature may prescribe." Under this grant there were set apart and approved by the Secretary of the Treasury, for the use of the state, the following lands: In the Iowa City Land Dist., Feb. 26, 1849 20,150.49 In the Fairfield Land Dist., Oct. 17, 1849 9,685.20 In the Iowa City Land Dist., Jan. 28, 1850 2,571.81 In the Fairfield Land Dist., Sept. 10, 1850 3,198.20 In the Dubuque Land Dist., May 19, 1852 10,552.24 _________ Total 45,957.94 These lands were certified to the state November 19, 1859, at the instance of Hon. Anson Hart, then Register of the State Land Office. The University Lands are placed by law under the control and management of the Board of Trustees of the Iowa State University. The amount selected prior to November, 1865, their location, and the number of acres patented and unpatented, are shown in the following statement: Counties No. Acres Unpatented Total Patents Patented Appanoose 7 520.00 120.00 640.00 Boone 21 1,675.84 937.64 2,613.48 Davis 2 80.00 1,217.36 1,297.36 Dallas 572.07 572.07 Decatur 1 40.00 2,520.00 2,560.00 Hardin 106 7,672.74 2,652.80 10,325.54 Iowa 7 325.68 320.97 646.65 Jasper 13 1,270.27 3,341.08 4,611.35 Jefferson 12 1,040.00 240.00 1,280.00 Lucas 27 2,119.53 2,425.91 4,545.44 Polk 18 1,657.94 3,536.25 5,194.19 Scott 3 405.16 240.00 643.16 Story 27 2,235.89 2,985.51 5,221.40 Union 2 239.79 398.41 638.20 Wapello 11 1,289.68 630.32 1,920.00 Warren 25 2,320.00 898.00 3,218.00 Total 282 22,892.52 23,036.32 45,928.84 5th – Saline Lands The right of the state to the use of the salt springs within her limits, not exceeding twelve in number, was granted by an act of Congress supplemental to the act of admission into the Union, approved March 3, 1845; and by a subsequent act, approved May 27, 1852, the United States relinquished and granted these springs to the state in fee-simple, together with six sections of land contiguous to each, to be disposed of, and the proceeds applied as the Legislature might direct. The Legislature directed as follows: 1. "An act in relation to the salt springs granted to the state," approved February 24, 1847, directing the method of selection. 2. "An act to dispose of the saline lands belonging to the state, and to appropriate the proceeds thereof", passed February 5, 1861. The second section of this act provides that the sales of these lands shall be made by the same officer as though the lands formed a portion of those set apart for the improvement of the Des Moines River. That officer was the Register of the Des Moines Improvement. The third and fourth sections provide for preemptions, and the fifth provides that the proceeds of the sale of said lands shall constitute a fund for founding and supporting a lunatic asylum. (Acts 1851, p. 227.) Under this act no sales were made. 3. "An Act to dispose of the Saline lands," approved January 23, 1853. This act provides that these lands shall be sold by the same officer and under the same regulations as though they formed a part of the school lands of the state, and provides also for paying to the State Treasurer the money arising from such sales. (Acts 1853, p. 126.) 4. "An Act to amend Chapter sixty-five, of the Code of Iowa, and to provide for the sale of the Saline, School and University lands," passed January 25, 1855. By this act it is made the duty of the persons in charge of Saline, School, or University lands, to offer and sell the same as therein prescribed. It requires the Trustees of the State University to select a treasurer, and provides for transferring to such treasurer all moneys, books, notes and other papers in the hands of the State Treasurer, belonging to the University or Saline funds. (Acts 1855, p. 136.) 5. "An Act for a further appropriation for the State Insane Asylum," approved July 14, 1856. By this act the proceeds of these lands are again appropriated to the Insane Asylum. (Acts extra session, 1856, p. 90.) 6. "An Act to repeal Section 2 of An Act for a further appropriation for the State Insane Asylum, approved July 14, 1856." Approved March 23, 1858. This act repeals that part of the act of 14th July, 1856, which appropriated the proceeds of Saline lands to the Insane Asylum. (Acts 1858, p. 263.) 7. "An Act to authorize the County Judge and County Treasurer to sell the Saline lands," passed March 26, 1860. This act confers on the judge and treasurer of the county, all the powers, in relation to the Saline lands, that were by the act of January 25, 1855, vested in the School Fund Commissioner. (Rev. 1860, p. 345.) 8. "An Act appropriating the Saline lands and funds to the State University of Iowa," passed April 2, 1860. This act makes the Saline lands and funds a part of the permanent fund of the State University, and requires the proceeds of the lands to be paid over to the treasurer of that institution. (Rev. 1860, p. 346.) 9. "An Act for extending the time for claimants to prove up and purchase certain Saline lands," which became a law without approval, March 31, 1862. This act is amendatory of the act of March 26, 1860, and extends the time for proving up and purchasing certain specified tracts, but in all respects, except as to time, according to the provisions of said act of March 26, 1860. Such was, in brief, the substance of the state legislation upon this subject prior to the meeting of the General Assembly of 1864. In consequence of the difficulties in the administration of this grant, and the embarrassments, both to the State Land Office and the State University, resulting from these imperfect and conflicting statutes, the General Assembly in 1864 passed the act entitled "An Act authorizing the Trustees of the State University to sell the Saline lands, and for other purposes," approved March 25, 1864. That act places these lands, with the proceeds of the same, and all notes, contracts, and other securities therefore, under the control of the Board of Trustees of the State University. It authorizes said Board to sell the lands and make certificates of final payment, on which patents shall be issued, and legalizes patents previously issued on certificates of the Treasurer of said University, and the clerk of Lucas County. (Acts 1864, p. 84.) The amount of lands thus placed at the disposal of the trustees for the benefit of said University is 46,101.53 acres, which added to the lands donated and certified under the University grant, make 92,030.37 acres dedicated to the support of that institution. The following table exhibits the counties in which these lands lie, with the number of patents issued, the amount patented, amount unpatented, and total amount in each: Counties No. Amount Amount Total Pat's Patented Unpatented Amount Appanoose 81 7,465.93 5,393.35 12,859.28 Davis 640.00 640.00 Decatur 36 2,160.00 400.00 2,560.00 Lucas 181 23,428.03 2,363.43 25,791.46 Monroe 15 960.00 160.00 1,120.00 Van Buren 14 640.00 640.00 Wayne 11 1,132.30 1,358.49 2,490.79 Total 338 35,786.26 10,315.27 46,101.53 6th – THE DES MOINES RIVER GRANT. The act of Congress making this grant, approved August 8, 1846, is in the words following: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be, and hereby is, granted to said Territory of Iowa, for the purpose of aiding said territory to improve the navigation of the Des Moines River from its mouth to the Raccoon Fork (so called) in said territory, one equal moiety, in alternate sections, of the public lands (remaining unsold and not otherwise disposed of, incumbered or appropriated), in a strip five miles in width on each side of said river, to be selected within said territory by an agent or agents to be appointed by the Governor thereof, subject to the approval of the Secretary of the Treasury of the United States. "Sec. 2. And be it further enacted, That the lands hereby granted shall not be conveyed or disposed of by said territory, nor by any state to be formed out of the same, except as said improvement shall progress; that is, the said territory or state may sell so much of said lands as shall produce the sum of thirty thousand dollars, and then the sales shall cease until the Governor of said territory or state shall certify the fact to the President of the United States that one half of said sum has been expended upon said improvements, when the said territory or state may sell and convey a quantity of the residue of said lands sufficient to replace the amount expended, and thus the sales shall progress as the proceeds thereof shall be expended, and the fact of such expenditure shall be certified as aforesaid. "Sec. 3. And be it further enacted, That the said River Des Moines shall be and forever remain a public highway for the use of the Government of the United States, free from any toll or other charge whatever, for any property of the United States or persons in their service passing through or along the same: Provided, always, That it shall not be competent for the said territory or future state of Iowa to dispose of said lands, or any of them, at a price lower than, for the time being, shall be the minimum price of other public lands. "Sec. 4. And be it further enacted, That whenever the Territory of Iowa shall be admitted into the Union as a state, the lands hereby granted for the above purpose shall be and become the property of said state for the purpose contemplated in this act, and for no other: Provided the Legislature of the State of Iowa shall accept the said grant for the said purpose." Approved Aug. 8, 1846. The State of Iowa, by joint resolution of the General Assembly, approved January9, 1847, did accept the grant for the purposes specified in the above act of Congress. By an act entitled "an act creating the Board of Public Works, and providing for the improvement of the Des Moines River," approved February 24, 1847, the General Assembly gave the control of the work to a Board, consisting of a president, secretary and treasurer, to be elected by the qualified electors of the state, defined the nature of the improvement, and provided that the work should be paid for out of the funds to be derived from the sales of the lands, which the Board was authorized to sell, under the regulations adopted for the sale of United States lands. This Board was elected August 2, 1847, and was fully organized September 22, 1847. Agents were appointed by the Governor of the state, who selected the sections designated by "odd numbers," throughout the whole extent of the grant. The selections thus made included all of the sections of the public lands designated by odd numbers (then remaining unsold, and not otherwise disposed of, incumbered or appropriated), lying and being in said Territory or State of Iowa, within a strip of five miles in width on each side of said River Des Moines, from its mouth to its source. The selection by "odd numbers" was approved by the Secretary of the Treasury of the United States. February 23, 1848, Richard M. Young, Commissioner of the General Land Office, construed the grant to mean that "the state is entitled to the alternate sections within five miles of the Des Moines River, throughout the whole extent of that river within the limits of Iowa." On the 19th of June, 1848, some of the lands above the Raccoon Forks, which would belong to the state according to the above decision, were ordered into market by proclamation, and on the 18th of September a remonstrance was filed with the Commissioner of the General Land Office against such sale, by the Board of Public Works. The Board also sent in a protest to the State Land Office, at which the sale was ordered to take place. On the 8th of January, 1849, the Iowa Senators and Representatives in Congress also protested against the sale, in a communication to Hon. Robert J. Walker, Secretary of the Treasury, to which the Secretary replied, concurring in the opinion that the grant extended the whole length of the Des Moines River in Iowa. On the first of June, 1849, the Commissioner of the General Land Office directed the Register and Receiver of the Land Office at Iowa City, "to withhold from sale all lands situated in the odd numbered sections within five miles on each side of the Des Moines River above the Raccoon Forks," and "inclosed a diagram upon which the State selections above that point were colored yellow." The diagram extended to 83 N. 26 W. as far as the surveys had then progressed in that direction. On the 19th December, 1849, the Commissioner of the General Land Office wrote the Board of Public Works, in answer to its request "for lists of lands of the Des Moines River grant above the Raccoon Forks," saying "that the lists had not been furnished, for the reason that the posting of the land warrants in the Iowa City District was not completed in his office until recently," and adds, "the list is now in course of preparation, and will be ready for transmission at an early day." On the 13th March, 1850, the Commissioner of the General Land Office submitted to the Secretary of the Interior three lists of land, the first of which had the following heading: "No. 1. – Showing the tracts falling within the limits of the Des Moines River grant, above the Raccoon Forks, etc., under the decision of the Secretary of the Treasury, of March 2nd, 1849." On the 6th April, 1850, the Secretary of the Interior (Mr. Ewing), in a communication to the Commissioner of the General Land Office, reversed the decision of Secretary Walker, of March 2nd, 1849, but directed the withholding the lands from sale until an explanatory act could be passed by Congress. The authorities of Iowa protested against this decision of Mr. Ewing, and appealed therefrom to the President. He referred the matter to the Attorney General (Mr. Johnson), who, on the 19th July, 1850, made his report, giving it fully as his opinion that by the terms of the grant itself it extended along the Des Moines River to its very source. Previous to the publication of this opinion, President Taylor died, and a new Cabinet was formed before any further action was taken in the matter. The question was submitted to the Attorney General (Mr. Crittenden), who on the 30th June, 1851, decided that in his opinion the grant did not extend above the Raccoon Fork. The Secretary of the Interior (Mr. Stewart), at first concurred in this opinion, but afterwards consented to bring the whole matter before the President and Cabinet, who made a decision favorable to the claim of the state. On the 29th of October, 1851, Mr. Stewart directed the Commissioner of the General Land Office to "submit for his approval such lists as had been prepared, and to proceed to report for like approval lists of the alternate sections claimed by the State of Iowa above the Raccoon Forks, as far as the surveys have progressed, or may hereafter be completed and returned." On the following day three lists of lands were prepared in the General Land Office, as follows: "List No. 1, showing the tracts falling within the limits of the Des Moines River grant above the Raccoon Fork, as far as the surveys had extended, under the decision of the Secretary of the Trasury of March 2, 1849, that such grant extended to the north boundary of the state. "List No. 2, showing tracts disposed of within those limits in the intervals between the date of one of the previous orders limiting the grant, and of those extending it above the fork. "List No. 3, showing the lands vacant and subject to the claim of the state." The third of these lists was submitted to the Secretary of the Interior for his approval, and received it October 30, 1851. The lands approved and certified to the state of Iowa under this grant and all lying above the Raccoon Fork, are as follows: By Secretary Stewart, Oct. 30, 1851 81,707.93 acres March 10, 1852 143,908.37 acres By Secretary McClellan Dec. 17, 1853 33,142.43 acres Dec. 30, 1853 12,813.51 acres ______________ Total 271,572.24 acres The list, which was approved by the Secretary of the Interior on the 17th of December, 1853, was headed as follows: "A list showing the vacant lands in the odd-numbered sections above the Raccoon Fork and within five miles of the Des Moines River, so far as the surveys have progressed, falling to the state of Iowa under the act of the 8th of August, 1846, as construed by the Secretary of the Treasury in his letter of the 2nd of March, 1849, and of the Secretary of the Interior of the 29th of October, 1851, which have not been heretofore approved." The Commissioner and Register of the Des Moines River Improvement in their report to the Governor, November 30, 1852, estimate the lands of the Des Moines River grant, including those then in possession of the state and those to be surveyed and approved, at nearly a million acres as available for the future prosecution of the work of improvement. They state the indebtedness then existing against the Des Moines River Fund to be about $108,000, and estimate the work to be done to amount to $1,200,000. The General Assembly, January 19, 1853, authorized the Commissioners to sell all or any of the lands which have been, or may hereafter be, granted for not less than $1,300,000. On the 24th of January, 1853, the General Assembly provided for the election of a Commissioner by the people, and appointed two Assistant Commissioners with authority to make a contract selling the lands of the Improvement for $1,300,000. Accordingly, June 9, 1849, the Commissioner and Assistants made a contract with the Des Moines Navigation and Railroad Company, agreeing to sell all the lands donated to the state by act of Congress of August 8th, 1846, which the state had not sold prior to December 23rd, 1853, for $1,300,000 to be expended on the improvement of the river, and in paying the indebtedness then due. This contract was duly reported to the Governor and General Assembly, and may be found in the Appendix to the House Journal, 1855. By act approved January 25, 1855, the General Assembly authorized the Commissioner and Register of the Des Moines River Improvement to negotiate with the Des Moines Navigation and Railroad Company for the purchase of lands in Webster County which had been sold by the School Fund Commissioner as school lands, but which had been certified to the state as Des Moines River lands, and had become the property of the Company, under the provisions of its contract with the state. On the 21st of March, 1856, the Commissioner of the General Land Office decided that the Des Moines River grant was limited to the Raccoon Fork. The mater was then brought anew before the Secretary of the Interior, and was by him referred to the Attorney General, who decided in favor of the claim of the state to the Des Moines River lands to its northern boundary. All claim to lands along the river in Minnesota was relinquished. The land which had been certified, as well as those extending to the northern boundary within the limits of the grant, were reserved from pre-emption and sale by the General Land Officer, for the purpose of satisfying the grant of August 8th, 1846, and were considered as having passed to the state. The state proceeded from time to time to sell and dispose of them, prior to the final transfer of them to the Des Moines Navigation and Railroad Company on the 9th of June, 1854, applying the proceeds to the improvement of the river, according to the provisions of the donating act. In this way the state paid the United States for the lands. Up to June 9th, 1854, the state had sold about 327,000 acres, of which amount 58,830 acres were located above the Raccoon Fork. The last certificate of the General Land Office bears date December 30, 1853. Subsequent to June 9th, 1854, the Des Moines Navigation and Railroad Company carried on the work under their contract with the state. As the improvement progressed, the state, from time to time, by its authorized officers, issued to the Company, in payment for said work, certificates for lands. These certificates were in the usual form of certificates issued for entries of public lands. The first one, dated May 14, 1855, certified 88,853.10 acres. The second, dated May 6, 1856, certified 116,636.54 acres. Together, 205,489.64 acres, and all located above the Raccoon Fork, excepting about 50,000 acres. The General Land Office having ceased to certify lands under the act of August 8th, 1846, and there being no other provision for paying for the improvement, and matters of disagreement and misunderstanding having arisen between the Des Moines Navigation and Railroad Company and the state, the General Assembly, for the purpose of making a final settlement with said company, passed a joint resolution on the 22nd of March, 1858 making a proposition to the Company, which was accepted and ratified on the conditions therein named. The Company paid to the state $20,000 in cash, and released and conveyed the dredge boat and materials named in the resolution; and the state, on the 3d of May, 1858, executed to the Des Moines Navigation and Railroad Company fourteen deeds or patents to the lands, amounting to 256,703.64 acres. These deeds were intended to convey all the lands of this grant certified to the state by the General Government not previously sold; but, as if for the purpose of covering any tract or parcel that might have been omitted, the state made another deed of conveyance on the 18th day of May, 1858. These fifteen deeds, it is claimed by the Company, convey 266,108 acres, of which about 53,367 are below the Raccoon Fork, and the balance, 212,741 acres, are above that point. In addition to the 212,741 acres thus deeded to the Company, the state has sold and deeded to individual purchasers above the Raccoon Fork 58,830 acres, making in all deeded above said fork 271,571 acres, all of which had been certified and approved to the state by the General Government as Des Moines River lands. The General Assembly donated the remainder of this grant to the Keokuk, Fort Des Moines and Minnesota Railroad Company, by an act approved March 22, 1858, on condition that the Company should assume all liabilities growing out of the operations of the state in the Des Moines River improvement, and reserve to the state 50,000 acres of the land in security for the payment thereof and the completion of the locks and dams at Croton, Plymouth, Bentonsport and Keosauqua. For every three thousand dollars worth of work done on the locks and dams, and for every three thousand dollars paid by the Company on the liabilities, the Register of the State Land Office was to certify to said Company one thousand acres from said 50,000 acres of land. Up to 1865 there had been presented and allowed by the Company, under this act, claims and liabilities amounting in the aggregate to $109,579.37, about three-fourths of which had been settled. At the December term of the Supreme Court of the United States, held in 1859 and '60, a decision was made as to the limit of the Des Moines River grant. This decision limits the grant to the Raccoon Fork, and declares all certificates of land above the fork as issued without authority of law and void. (See 23 How. 66.) On the 3rd of March, 1861, Congress passed the following joint resolution: "Resolved, That all the title which the United States still retains in the tracts of land along the Des Moines River, and above the mouth of the Raccoon Fork thereof, in the State of Iowa, which have been certified to said state improperly by the Department of the Interior, as part of the grant, by act o Congress, approved August 8th, 1846, and which is now held by bona fide purchasers under the State of Iowa, be, and the same is, hereby relinquished to the State of Iowa. By act of Congress, in response to the above, approved July 12, 1862, it is enacted. "That the grant of lands to the then Territory of Iowa, for the improvement of the Des Moines River, made by the act of August 8th, 1846, is hereby extended so as to include the alternate sections (designated by odd numbers) lying within five miles of said river, between the Raccoon Fork and the northern boundary of said state; such lands are to be held and applied in accordance with the provisions of the original grant, except that the consent of Congress is hereby given to the application of a portion thereof to aid in the construction of the Keokuk, Fort Des Moines and Minnesota Railroad in accordance with the provisions of the act of the General Assembly of the State of Iowa, approved march 22nd, 1858. And if any of said lands shall have been sold or otherwise disposed of by the United States before the passage of this act, excepting those released by the United States to the grantees of the State of Iowa under joint resolution of March 3rd, 1861, the Secretary of the Interior is hereby directed to set apart an equal amount of lands within said state to be certified in lieu thereof; Provided, That if the state shall have sold and conveyed any portion of the lands lying within the limits of this grant, the title of which has proved invalid, any lands which shall be certified to said state in lieu thereof by virtue of the provisions of this act, shall inure to, and be held as a trust fund for the benefit of the person or persons respectively whose titles shall have failed as aforesaid." On the 11th September, 1862, extra session, the General Assembly authorized the Governor to appoint one or more Commissioners to select the lands embraced in the above grant – the Commissioners to report their selections to the Register of the State Land Office, and directing that the lands be held for the purposes of the grant, and in nowise to dispose of the same until future legislation is had. – (Acts Ex. Ses. 1862, P. 48.) The Governor appointed D. W. Kilbourne, of Lee County, Commissioner to make the selections, and the General Land Office, on the 25th of April, 1864, issued scrip authorizing the selection of 300,000 acres from the vacant public lands as part of the grant of July 12, 1862. Said Commissioner has made the selections as authorized, in the Fort Dodge and Sioux City Land Districts, and has furnished the State Land Office with a list of the lands selected. These lands are held in trust by the state for the following purposes: 1. For the benefit of any person or persons to whom the state has sold lands within the limits of the Des Moines River grant, and whose title has failed, or may yet fail. 2. For reimbursing the state for all moneys advanced, and interest thereon, from the general revenue, to pay claims against the Des Moines River Fund, and all claims audited or assumed by the state, but not paid, against said fund, and which are on file in the State Land Office. 3. For paying the liabilities against the Des Moines River Fund, arising out of the contracts for the completion of the works on the Des Moines River Improvement, as provided by acts of the General Assembly of march 22, 1858, and March 3, 1860. 4. For the purpose of aiding in the completion of the Keokuk, Fort Des Moines and Minnesota Railroad. Many difficulties and conflicts as to claims and titles have grown out of these lands, which it has been the purpose of the General Assembly to adjust by appropriate legislation, and to protect the integrity of titles derived from her, particularly those held by actual settlers who had paid their money, received patents for portions of these lands, and made improvements upon them, prior to the passage of the railroad grant. 7TH – DES MOINES RIVER SCHOOL LANDS. These lands include 28,378.46 acres selected by the agent of the state in Webster County, under the 500,000 acre grant made by act of Congress September 4, 1841. These selections were approved by the Commissioner of the General Land Office February 20, 1851. On the 6th of June, 1853, the Superintendent of Public Instruction ordered these lands into market, and authorized John Tolman, School Fund Commissioner for Webster County, to sell the same as school lands, as provided by the law then in force for the disposition of the lands of the 500,000 acre grant. Afterwards, when the construction of the act of 1846 was changed by the executive officers of the General Government, and it was held that the Des Moines River grant extended above the forks of the Raccoon, it was concluded that these lands, so far as they were in odd sections, and within five miles of the Des Moines River, were appropriated by that act. Of the lands thus in odd sections and falling within the limits, there were 12,813.51 acres set apart and approved to the state by the Secretary of the Interior, December 30, 1853, as a part of the Des Moines River grant, under the act of the 8th of August, 1846. On the 6th of January, 1845, the Commissioner of the General Land Office transmitted to the Superintendent of Public Instruction a certified copy of the list of these lands, with the Secretary of the Interior's approval indorsed thereon. Previous to the notice of this action by the department, John Tolman has sold 3,194.28 acres of these as school lands to individual purchasers. For the relief of these purchasers, the General Assembly passed an act, which was approved on the 2nd of April, 1860, providing that, upon application therefore, and the proper showing, any purchaser of such land shall be entitled to draw from the state treasury, upon the warrant of the Auditor, the amount of money paid, principal and interest, on the contract for the purchase of said land with said School Fund Commissioner, with interest thereon from the time it was paid, at the rate of ten per cent, per annum. Under this act five applications were made for relief prior to the session of the General Assembly in 1864. The applicants received their warrants from the State Auditor, amounting to the aggregate sum of $949.53. To further protect the purchasers, the General Assembly passed an act, approved April 7, 1862, forbidding the issuing to the Dubuque and Sioux City Railroad Company, by the Governor, any certificate of the completion of any part of said road, or any conveyance of lands, till they should execute and file in the land office of the state a release, 1st, to certain swamp lands; 2nd, to these Des Moines River lands sold by Tolman, and 3rd, to certain other river lands. The act provides that "the said company shall transfer their interest in those tracts of land in Webster and Hamilton Counties, heretofore sold by John Tolman, School Fund Commissioner, to the Register of the State Land Office, in trust, to enable said Register to carry out and perform said contracts in all cases where he is called upon by the parties interested to do so before the first day of January, A.D. 1864." On the 27th of February, 1864, the company filed in the land office their release to these Tolman lands, protesting at the same time that they had no claim whatever on them, and never had pretended or sought to claim them. Being doubtful of his authority to issue patents to the Tolman purchasers, the Register of the Land Office applied to the Attorney General of the State for his opinion, which was given on the 3rd of August, 1864, deciding that patents might legally be issued in all cases where contracts had been made prior to December 23, 1853, and remained uncanceled under the act of 1860. The parties desiring patents were notified of the decision by the Register of the Land Office; but before they were issued, namely, on the 27th of August, 1864, a suit in chancery was commenced in the District Court of Polk County, by the Des Moines Navigation and Railroad Company, to enjoin the issuing of said patents. On the 30th of the same month, and ex parte injunction was issued, in pursuance of an order of allowance by the Judge of the Supreme Court. Mr. J. A. Harvey, Register of the Land Office, in January, 1865, filed with the Court an elaborate answer to the petition of the plaintiff, denying entirely the Company's right or title to the lands. Another answer, still more exhaustive, was made by his successor in office, Hon. C. C. Carpenter, on the 10th of Febraury, 1868, which induced the plaintiff, on the 20th of that month, to file an amended petition. The District Court, on the 3rd of August, 1868, dissolved the injunction, when it was appealed to the Supreme Court of the state, and in December, 1869, the decision of the lower court was affirmed by Chief Justice Dillon. 8TH – SWAMP LAND GRANT. By an act of Congress approved March 28, 1850, the United States, to enable the State of Arkansas and other states to reclaim the swamp lands within their limits, granted to the several states the whole of the swamp and overflowed lands therein, made thereby unfit for cultivation, which should remain unsold at the date of the passage of the act. The total amount of swamp lands claimed by the State of Iowa under this act does not exceed 4,000,000 of acres, while Michigan received 9,000,000, and in other states the proportion is equally large. The Register of the State Land Office, in an elaborate report made to the Governor in 1865, makes the following remarks: "Notwithstanding that Iowa has expended enormous sums of money in making the selections, procuring proof, etc. and done all in her power to hasten a final and favorable settlement of the grant, it seems to be the special design of the Department at Washington to thwart her efforts; and by decisions inimical to the grant itself, and by every pretext to delay its administration, and to curtail the advantages the state is entitled to receive therefrom. If this policy of the Department can not be changed, the state had better give up a large share of her claims under this grant, and avoid any further expense and trouble in reference thereto. I would suggest that you recommend the General Assembly to call the attention of our delegates in Congress to this matter, and by joint resolution to urge them to procure a change of this policy, and, if necessary, to procure the passage of an act protecting the interest of the state, and securing to her indemnity for all swamp lands sold by the Government since September 28, 1850. It was through the efforts of our members of Congress, in response to the memorial of the Legislature of July 12, 1856, and joint resolution of Dec. 18, 1856, that the act of the 3rd of March, 1857, was passed, and the state was saved from the fatal results following the then ruinous policy of the Department, in permitting contests before the Land Office as to the character of land already selected and returned as swamp land. A similar early and earnest effort may now prove of incalculable advantage to the state. Early in the administration of this grant, the Department seemed to receive the impression that Iowa was acting in bad faith; that she had selected a large amount of dry lands, and that, as if conscious of being in the wrong, and wishing to avoid difficulty with the General Government, she had transferred her interest to the counties, and the counties to private speculators and land sharks, who, by means of this grant, are endeavoring to perpetrate a gigantic fraud upon the General Government. I say such seems to have been and still to be the impression at the Department of Washington; and to its prevalence, in a great degree, if not altogether, may be attributed the difficulty we there meet with. I do not claim that all the lands selected are swamp within the meaning of the grant, but I do say that neither the state nor the counties (except possibly in one or two instances), designed any fraud upon the Government, and that the dry land selected is not sufficient in quantity to warrant the imputation of unfairness on the part of the state. Many of these lands were selected in 1854 and 1855, immediately after several successive and remarkably wet seasons, and it was but a natural consequence then to select some which would not appear as swampy after a few of the succeeding dry seasons. It is easy to account for the dry land (if any there be) in the later selections, consistent with good faith, except perhaps in one or two counties, and of the truth of the charges f fraud as to those, this office is not advised. Some time after the first selections were made, numerous applications were made to the local land offices by persons desiring to enter parcels of the swamp lands, and offering to prove that they were not swamp lands. In such cases the General Land Office ordered a trial to be had before the local land officers, and if they should decide the land to be dry, the applicant was permitted to enter it, and the claim of the state was to be rejected. Under this ruling, land claimed as dry, in many instances, came fully within the grant. In some cases, at least, it was claimed and proved to be dry and fillable, whereas the applicant and his witnesses and rafted, and seen others raft, saw logs off and across it during the high stages of water in the neighboring river, for seasons in succession! In fact, an enterprise was set on foot by some speculators, to wrest from the counties a large amount of the swamp lands in the western part of the state. Affidavits were bought. Irresponsible and reckless men were found, who, for a few dollars for each affidavit, would testify to the character of land that they never saw. Applications multiplied here and elsewhere until they reached, as stated by the Commissioner of the General Land Office, 3,000,000 acres, when the General Assembly, seeing the effect of the course pursued, called the attention of Congress to the matter, by the memorial and resolution above referred to, and urged the passage of an act confirming in the state all the lands selected as swamp land. The act of Congress of March 3, 1857, was intended as a full and complete confirmation of all the selections, as claimed by the state under the act of September 28, 1850, and March 2, 1855, and designed to secure, without further difficulty, the patenting to the state of the same. Such as the General Government had already parted with her title to, and such as were interfered with by actual settlement, were excepted. The first exception was intended for those swamp lands disposed of by the General Government since the 28th September, 1850, and which were provided for in the act of March 2, 1855. It was right that this class of land should be excluded. It was already sold by the United States, and the title confirmed. It was otherwise appropriated, and not vacant, and the state was to take the indemnity provided. The other exception was designed to protect persons having the right of pre-emption by settlement upon the public lands. But the Commissioner of the General Land Office holds that it is only a qualified confirmation of the selections. And by this qualification it is sought to sustain the action of the Department in rejecting the claim of the state to a large amount of these lands as swamp, and certifying them, under the act of 15th May, 1856. This brings me to the conflict between the Swamp and Railroad grants. The Railroad Companies claim, under the act of May 15, 1856, all swamp lands in odd numbered sections within the limits of their several roads, and seem to tender several issues. 1st. They plant themselves on the first or original construction of the grant of September 28, 1850; and insist that no title vests in the state to the swamp lands till she receives patents therefore. Hence, if they can secure (as they have done) a rejection by the department of the claim of the state under the swamp grant, and the recognition and approval of the lands under the railroad grant, they claim their title is secure. 2d. Provided they fail on the first issue, they claim the right to contest the swampy character of the lands; and, having procured the approval under the act of 1856, they thus throw the burden of proof upon the state, expecting to hold all that is not shown affirmatively to be swamp lands. 3d. They claim that their right to these lands had attached prior to the act of the 3d March, 1857, and is not affected by it; and further, that their rights are protected by the exception contained in that act. We have already seen that the construction given to the grant of 1850 by the General Government since December, 1851, is that it was a present grant, and that no patent is necessary to convey the title. The patent is but the evidence of title, and therefore if a state is in such a situation as to demand a patent, she has the title already vested. This view of the act is confirmed by the passage of the act of March 2d, 1855. If the title to the swamp lands did not vest in the states till the issuing of the patents, the sales thereof made by the United States to individuals up to that time would be valid, and there would be no necessity for the indemnity provided for by that act. These lands have been certified to the state under the railroad grant, pursuant to a decision of Secretary Thompson of February 8, 1860. This decision requires the Commissioner to determine from the records and files of the General Land Office whether the land did pass by the swamp grant. In other words, to determine the question from the field notes of the original surveys. If they appear from that record to be swamp and overflowed lands, they were to be certified as swamp lands, if not they must be certified as railroad lands. The great error in this decision is apparent to every one familiar with the very loose and careless manner in which the public lands in the west have been surveyed. The fact as to whether the land was dry or wet was considered immaterial. Very little attention was paid to it by the surveyor. There were no interests or rights involved; and hence thousands of acres of swampy, marshy and overflowed lands are not distinguished upon the field notes. On the other hand, the agents of the state, in selecting lands under the swamp grant, act under oath, and with a direct reference to the character of the land. Great interests are to be determined by that one fact, and with a full knowledge of the importance of the issue, the agents addressed themselves solely to the one point. The selections thus made ought at least to have been considered prima facie swamp lands, and then unless the railroad companies show otherwise by clear and competent proof, they should be patented under the act of September 28, 1850. This decision is manifestly unjust towards the states, and under it the Commissioner has certified thousands of acres to the state for railroad purposes that come fully and completely within the swamp land grant. The Secretary of the Interior refuses to review this decision – at least so far as to affect lands already certified. The amount of swamp lands thus certified is 553,293.33 acres, and so far as these lands are concerned, on the part of the United States, the controversy is at an end. But the Commissioner of the General Land Office in issuing a patent, is but a ministerial officer (Arnold vs. Grimes et al., 2 Clarke, p. 1 to 20), and his acts are not conclusive as to the right of the state or other parties. These lands were selected under the swamp land grant, long before the act of May 15, 1856, and were granted by the state to the counties, which proceeded to sell and dispose of them, in many instance appropriating the proceeds, in accordance with the provisions of the grant. Thus, some of the counties have expended enormous sums of money in reclaiming these very lands. In view of all these facts, and with a full knowledge of the disapprobation of the state, the Department has, under the decision aforesaid, rejected her claim, and certified the lands under the railroad grant. Form the opinion of the Attorney General of this state, dated march 4, 1862, and submitted to the General Assembly, and from a letter from the then acting Commissioner of the General Land Office, of August 20, 1856, these railroad companies were not entitled even to contest the right of the state to these lands under the swamp grant. When the railroad grant was passed, it was not expected nor intended that it should include any of the swamp lands; they were already disposed of by the Government; nor did the railroad companies at the time of their acceptance of the grant, under act of the General Assembly, expect to receive any of these lands, but finding the way open by the rulings and decisions of the Department, adverse to the claim of the state, by their agents acting the name of the state, have procured the approval as aforesaid. The General Assembly, by joint resolution, approved April 7, 1862, expressly repudiate the acts of the railroad companies in the premises, and disclaim any intention upon the part of the state to claim these lands under any other grant than the act of September 28, 1850. The following acts of the General Assembly have been passed with reference to the swamp lands: 1. "An act in relation to the swamp lands within this state." Passed February, 1851. 2. "An act to dispose of the swamp and overflowed lands within this state, and to pay the expenses of selecting and surveying the same." Passed January 13, 1853. 3. "An act, supplemental to an act entitled: 'An act to dispose of the swamp and overflowed lands within this state, and to pay the expenses of selecting and surveying the same.' Approved January 13, 1853." Approved January 24, 1853. 4. "An act providing for the collection of money due to the State of Iowa from the Government of the United States, arising from the disposition of the swamp lands, and for selecting the swamp lands, and securing the title to the same." Passed January 25, 1855. 5. "An act to amend an act entitled' An act to dispose of the swamp and overflowed land within this state,' approved January 13, 1853." Approved January 25, 1855. 6. "A bill to prevent trespass or waste on swamp or other lands in the State of Iowa, and for other purposes." Approved January 25, 1855. 7. "An act to amend an act entitled 'An act to dispose of the swamp and overflowed lands within the state and pay the expenses of selecting and surveying the same,' approved February 2 (January 13), 1853." Approved July 15, 1856. 8. "An act in relation to the swamp lands of this state." Approved January 24, 1857. 9. 'An act making an appropriation for swamp land purposes." Approved January 27, 1858. 10. "An act for the relief of swam land pre-emptors." Approved March 22, 1858. 11. "An act to authorize the counties to use the swamp lands to aid in the construction of railroads and seminary buildings." Approved March 22, 1858. 12. "An act to authorize the Governor and Board of County Supervisors to appoint agents in regard to swamp lands belonging to the state of Iowa, and defining their duties." Approved April 8, 1862. 9th – THE RAILROAD GRANT The following is the act of Congress known as the railroad grant: SECTION I. Be it enacted by the Sente and House of Representatives of the United States of America, in Congress assembled, That there be and is hereby granted to the State of Iowa, for the purpose of aiding in the construction of railroads from Burlington, on the Mississippi River, to a point on the Missouri River, near the mouth of Platte River; from the City of Davenport, via Iowa City and Fort Des Moine to Council Bluffs; from Lyons City northwesterly to a point of intersection with the main line of the Iowa Central Air Line Railroad, near Maquoketa; thence on said main line running as near as practicable to the forty- second parallel; across the said State of Iowa to the Missouri River; from the City of Dubuque to a point on the Missouri River, near Sioux City, with a branch from the mouth of the Tete de Morts, to the nearest point on said road, to be completed as soon as the main road is completed to that point, every alternate section of land, designated by odd numbers, for six sections in width on each side of said roads. But in case it shall appear that the United States have, when the lines or routes of said roads re definitely fixed, sold any sections or any part thereof, granted as aforesaid, or the right of pre-emption has attached to the same, then it shall be lawful for any agent or agents to be appointed by the Governor of said state to select subject to the approval of the Secretary of the Interior, from the lands of the United States nearest to the tiers of sections above specified, so much land in alternate sections or parts of sections as shall be equal to such lands as the United States have sold, or otherwise appropriated, or to which the rights of pre- emption have attached as aforesaid; which lands (thus selected in lieu of those sold and to which pre-emption rights have attached as aforesaid, together with the sections and parts of sections by odd numbers as aforesaid, and appropriated as aforesaid) shall be held by the State of Iowa, for the use and purpose aforesaid: Provided, that the land to be so located shall in no case be further than fifteen miles from the lines of said roads, and selected for and on account of each of said roads: Provided further, that the lands hereby granted for and on account of said roads severally, shall be exclusively applied in the construction of that road for and on account of which such lands are hereby granted, and shall be disposed of only as the work progresses, and the same shall be applied to no other purpose whatever, And provided further, that any and all lands heretofore reserved to the United States by any act of Congress, or in any other manner by competent authority, for the purpose of aiding in any object of internal improvement, or for any other purpose of aiding in any object of internal improvement, or for any other purpose whatsoever, be and the same are hereby reserved from the operations of this act, except so far as it maybe found necessary to locate the routes of said railroads through such reserved lands; in which case the right of way only shall be granted, subject to the approval of the President of the United States. SEC.2. And be it further enacted, That the sections and parts of sections of land which by such grant shall remain to the Untied State, within six miles on each side of said roads, shall not be sold for less than the double minimum price of the public lands when sold, nor shall any of said lands become subject to private entry until the same have been first offered at public sale at the increased price. SEC.3. And be it further enacted, That the said lands hereby granted to the said state shall be subject to the disposal of the Legislature thereof, for the purposes aforesaid, and no other; and the said railroads shall be and remain public highways for the use of the Government of the United States, free from toll or other charge upon the transportation of any property or troops of the United States. SEC.4. And be it further enacted, That the lands hereby granted to said state shall be disposed of by said state only in manner following, that is to say; that a quantity of land not exceeding one hundred and twenty sections for each of said roads, and included within a continuous length of twenty miles of each of said road may be sold: and when the Governor of said state shall certify to the Secretary of the Interior that any twenty continuous miles of any of said roads is completed, then another quantity of land hereby granted, not to exceed one hundred and twenty sections for each of said roads having twenty continuos miles completed as aforesaid, and included within a continuous length of twenty miles of each of such roads, may be sold; and so from time to time until said roads are completed, and if any of said roads are not completed within ten years, no further sale shall be made, and the lands unsold shall revert to the United States. SEC.5. And be it further enacted, That the United States mail shall be transported over said roads, under the direction fo the Post Office Department, at such price as Congress may by law direct; Provided, that until such price is fixed by law, the Post Master General shall have the power to determine the same. Approved May 15, 1856. The General Assembly convened in special session accepted the grant and made disposition of the lands in the following act, approved July 14, 1856: SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the lands, rights, posers and privileges granted to, and conferred upon, the State of Iowa by the Act of Congress entitled "an Act making a grant of lands to the State of Iowa, in alternate sections, to aid in the construction of railroads, in said state, approved May 15, 1856," be and the same are hereby accepted upon the terms, conditions and restrictions contained in said Act of Congress. SEC. 2. That so much of the lands, interest, rights, powers, and privileges as are or may be granted and conferred, in pursuance of the act of Congress aforesaid, to aid in the construction of a railroad from Burlington, on the Mississippi River, to a point on Missouri near the mouth of Platte River, are hereby disposed of, granted and conferred upon the Burlington and Missouri River Railroad Company, a body corporate, created and existing under the laws of the State of Iowa. SEC.3. That so much of the lands, interest, rights, powers and privileges as are or may be granted and conferred, in pursuance of the act of Congress aforesaid, to aid in the construction of a railroad via Iowa City and Fort Des Moines to Council Bluffs, are hereby disposed of, granted and conferred to and upon the Mississippi and Missouri Railroad Company, a body corporate, created, and existing under the laws of the State of Iowa. SEC.4. That so much of the lands, interest, rights, powers and privileges as are or may be granted and conferred, in pursuance of the act of Congress aforesaid, to aid in the construction of a railroad from Lyons City northwesterly to a point of intersection with the main line of the Iowa Central Air Line Railroad near Maquoketa, thence on said main line, running as near as practicable to the forty-second parallel, across the said state to the Missouri River, are hereby disposed of, granted and conferred to and upon the Iowa Central Air Line Railroad Company, a body corporate, created, and existing under the laws of the State of Iowa. SEC.5. That so much of the lands, interest, rights, powers and privileges as are or may be granted and conferred, in pursuance of the act of Congress aforesaid, to aid in the construction of a railroad from the City of Dubuque to a point on the Missouri River at or near Sioux City, with a branch from the mouth of the Tete Des Morts to the nearest point on said road, to be completed as soon as the main line is completed to that point, are hereby disposed of, granted to and upon the Dubuque and Pacific Railroad Company, a body corporate, created, and existing under the laws of the State of Iowa. SEC.6.The lines and routes of the several roads above described shall be definitely fixed and located on or before the first day of April next, after the passage of this act, and maps or plots, showing such lines and routes, shall be filed in the office of the Governor of the State of Iowa, and also in the office of the Secretary of State of the State of Iowa. It shall be the duty of the Governor, after affixing his official signature, to file such map in the Department having the control of the public land at Washington; such location being considered final only so far as to fix the limit and boundary within which lands may be selected; and if it shall appear that the lands that have been donated by the act of Congress aforesaid, for the construction of the several lines above indicated, can not be obtained by said companies within the limits and along any part of the line aforesaid the Governor shall from time to time appoint agents to make such selections as may be authorized or granted by Congress for lies aforesaid; but the compensation of such agents and the cost, expenses and charges attendant upon and occasioned by making such selections, shall be fixed, regulated, paid, and borne by each of said Railroad Companies respectively, upon and for its own line. SEC.7. The Iowa Central Air Line Railroad Company shall furnish, equip and operate the branch of their Railroad that will be constructed under this grant from Lyons City to the point of intersection with the main line of their road near Maquoketa, in the same manner with their main line from the west, and as completely as though the same was a continuation of said main line, and shall never give any preference to the main line of said road, or any part thereof, as defined in their articles of incorporation, by business arrangements, tariff of prices, or otherwise, over the said branch of their railroad. SEC. 8. The grants aforesaid are made to each of said companies respectively, upon the express condition, that in case either of such Railroad Companies shall fail to have completed and equipped seventy-five miles of its road within three years from the first day of December next, thirty miles in addition in each year thereafter, for five years, and the remainder of their whole line of road in one year thereafter, or on the first of December, A.D., then and in that case it shall be competent for the State of Iowa to resume all rights conferred by this act upon the company so failing, and to resume all rights to the lands hereby granted and remaining indisposed of by the company so failing to have the length of road completed in manner and time as aforesaid. SEC. 9. The roads aforesaid shall be constructed upon a guage [sic] with a width of four feet, eight and one-half inches, and the iron used in the track shall be of approved quality and pattern, and the said roads shall be completed and finished in style and of a quality equal to the average of other first-class western roads, and when the roads, or any of them, authorized to be constructed by this act, shall be intersected by the roads of any other railroad company now constructed, or hereafter to be constructed, it shall be the duty of such road or roads, receiving the benefit of this act, to furnish all proper and reasonable facilities and to join such other company in making all necessary crossings, turnouts, sideings [sic] and switches, and other conveniences necessary for the transportation of all freight and passengers over either or any road or roads, hereby mutually accommodated, whether said passengers or freight are brought by the roads benefited by this act, or any other road or roads now constructed, or which may hereafter be constructed, and at such rates as shall not in any case exceed the regular tariff of charges on such road or roads. SEC. 10. All persons, who at the time said grant was made, held valid claims by actual occupation and improvement upon any of the land embraced in said grant, shall be protected in the same, and entitled to purchase and enter the same upon the terms and conditions hereinafter provided. SEC. 11. Any person, wishing to avail himself of the provisions of this act, shall within three months of the passage thereof, file his application for that purpose with the judge of the county where such lands may be situate, and shall prove to the satisfaction of said judge that his claim is valid, and that the same existed at the time said grant was made; and upon such proof being made, such judge shall give to the applicant a certificate of the fact, and such certificate shall entitle the holder or his bona fide assignee to enter such land at the rate of two dollars and fifty cents per acre; Provided, that no person, claimant, or assignee of a claim, shall be entitled to more than one hundred and sixty acres of land under this act; And provided further, that the person asserting a claim, whether as claimant or assignee, shall file his affidavit that he has not either directly or indirectly received the benefits of the provision of this act. Before any rights, shall be acquired under such certificate, a copy of the same together with the evidence shall be served on the secretary of the company interested, and such company shall have the right to appeal from the decision of such Judge to the District Court, in the same manner as appeals are taken from the decisions of justice of the peace at any time within ninety days after the service of such papers, and the same shall be tried as other appeal cases, and an appeal may be taken to the Supreme Court by either party, in the same manner as appeals in other cases. SEC. 12. Such certificate on being filed with the secretary of the company upon whose line of road such lands may be situate, when no appeal has been taken as herein provided, shall entitle the holder or his assignee to the possession of said land, until the title shall become vested in the company; upon the payment thereafter to the treasurer of the company for said land at the price above designated, such person shall receive from the secretary of the company a patent to such land, not exceeding in quantity one hundred and sixty acres. Such deed or patent shall vest in the purchaser all the title of said company in and to such lands, except so far as to reserve to the company all such right of way and station grounds as may be actually necessary for the uses of the company. SEC. 13. The said companies shall each severally assent to and accept the provisions of this act by a written instrument, under the seal of such corporation, with the signatures of the proper officers, within ninety days after the passage of this act, which said acceptance shall be filed in the office of the Secretary of State, and be by the Secretary recorded in the book by him kept for the recording of articles of association. SEC. 14. Said railroad companies, accepting the provisions of this act, shall at all times be subject to such rules and regulations as may from time to time be enacted and provided for by the General Assembly of Iowa, not inconsistent with the provision of this act, and the act of Congress making the grant. SEC. 15. It shall be the duty of the companies receiving the benefits of this act, to make a regular annual report of their proceedings at the usual time and place of electing their officers, exhibiting a detailed statement, as far as practicable, of the amount of their expenditures, liabilities, etc., a copy of which shall be filed in the office of the Secretary of State. SEC. 16. Be it further enacted, That any of said companies accepting the grants of lands under this act, shall take the same with the conditions imposed and incumbrances specified in this act, and shall in no event have any claim or recourse whatever upon the State of Iowa, for a misapplication of said grant, incumbrances or conditions in this act imposed. SEC. 17. This act shall take effect and be in force from and after its publication in the Iowa Capital Reporter, and Iowa City Republican. The several companies accepted the grant on the conditions and under the restrictions imposed in said acts, and proceeded to locate their roads and make selection of the lands falling to them under the grant, between the six and fifteen mile limits. The Iowa Central Air Line Railroad Company, however, failing to com ply with the requirements of the grant, the General Assembly resumed the lands on that line of road by an act, approved March 17, 1860. The same session, by another act, granted these lands to the Cedar Rapids and Missouri River Railroad Company, and were duly accepted by said Company. The ninth General Assembly passed an act to require the Dubuque and Sioux City Railroad Company to release certain swamp, school and river lands on the line of said road, and providing for the compensation therefor by an extension of the time for the building of said road, which was approved April 7, 1862. This act provided that said road shall not be entitled to receive any certificate for lands on said line of roads until said Company shall have executed a deed of release of all the swamp and overflowed lands now approved, or that may be hereafter approved by the Surveyor General, in any county within the fifteen mile limits of said road, to the county in which such swamp and overflowed lands may be situated, including all such swamp or overflowed lands as were returned and certified to the General Land Office and ratified to the State by act of Congress of March 3d, 1857, nor until said Dubuque and Sioux City Railroad Company shall transfer their interest in those tracts of land in Webster and Hamilton Counties, heretofore sold by John Tolman, School Fund Commissioner of Webster County, within the fifteen mile limits of the grant of said road (whether the same are held by patents from the state, or contracts made with said Commissioner), to the Register of the State Land Office, in trust, to enable said Register to carry out and perform said contracts in all cases where he is called upon by the parties in interest to do so, before the first day of January, 1864, (after which day he is authorized and required to re-convey those tracts aforesaid not demanded or claimed as aforesaid at that time, to said Railroad Company), not until the said Dubuque and Sioux City Railroad Company shall execute deeds of release to the State of Iowa of all lands sold by the state prior to the 7th day of May, 1854, of the odd sections above the Raccoon Fork of the Des Moines River within five miles of said river, and of such other of said lands as have been sold since that date and prior to the firs day of January, 1862. The Dubuque and Sioux City Railroad Company filed in the State Land Office, on the 27th February, 1864, a release as to all lands sold by John Tolman as school lands. There is a diversity of opinion as to the effect and proper construction of this grant, occasioned, no doubt, by want of a closer attention and better acquaintance with its terms. The act of Congress grants the land to the state, --- making no reference whatever to Railroad Companies, and provides for its sale, as prescribed in the act; evidently contemplating that the state would sell the land and appropriate the proceeds in the construction of the roads. By the act the state was authorized to sell the land, not exceeding 120 sections, along the first twenty miles of each of said roads; and then, when twenty miles of road was completed, and that fact was certified to the Secretary of the Interior by the Governor, the state was authorized to sell the lands along the next twenty miles, not exceeding 120 sections, and so on until the roads were completed, provided it be done within ten years. The Interior Department proceeded to list and approve to the state for the use of these several roads all the lands within their respective limits, in the opinion of the Secretary subject to the grant, thus at once conferring on her the legal title to be held till by the terms of the grant she might sell and convey the lands. The list of lands thus approved are forty-three in number: nine for the Burlington and Missouri River Railroad; eleven for the Mississippi and Missouri Railroad; thirteen for the Air Line; ten for the Dubuque and Sioux City Railroad. The original lists are filed for record in the General Land Office, and certified copies sent to the state and also to the railroad companies. These certified lists, under the act of Congress, entitled "An act to vest in the several states and territories the title in fee of the lands which have been or may be certified to them," approved August 3, 1854, convey to the state "the fee simple title to all the land embraced in such lists that are of the character contemplated by such act of Congress, (Act May 15, 1856,) and intended to be granted thereby; but where lands embraced in such lists are not of the character embraced by such act of Congres, and were not intended to be granted thereby, said lists, so far as these lands are concerned, shall be perfectly null and void, and no right, title, claim or interest shall be conveyed thereby." ---(Chap. 201, 1st Session, 33d Congress.) The lists are evidence of title in the state, and confer the fee simple the same as a patent, so far as the lands certified "embraced in the act and intended to be granted thereby." As to all other lands they are null and void. The following tables exhibit the number of acres of land thus certified: BURLINGTON AND MISSOURI RIVER RAILROAD. Land District. 6 Mile Limit. 15 Mile Limit. Total. Council Bluffs 95,002.88 148,556.66 243,559.54 Chariton 18,480.62 25,058.18 43,535.80 Total 113,483.50 173,611.84 287,095.34 MISSISSIPPI AND MISSOURI RIVER RAILROAD. Land District. 6 Mile Limit. 15 Mile Limit. Total. Council Bluffs 149,973.56 229,045.00 379,018.56 Chariton 80.00 80.00 Fort Des Moines 33,893.53 61,682.27 95,575.80 Total 183,867.09 290,807.27 474,674.36 IOWA CENTRAL AIR LINE RAILROAD. Land District. 6 Mile Limit. 15 Mile Limit. Total. Dubuque 1,809.74 3,998.57 5,808.31 Fort Dodge 576.00 72,543.56 73,119.56 Fort Des Moines 59,722.74 72,284.90 132,007.64 Sioux City 132,911.18 137,641.84 270,553.02 Council Bluffs 100,588.07 193,377.59 293,965.66 Total 295,607.73 479,846.46 775,454.19 DUBUQUE AND PACIFIC RAILROAD Land District. 6 Mile Limit. 15 Mile Limit. Total. Dubuque 2,361.08 5,901.49 8,262.57 Fort Dodge 159,974.53 231,784.39 391,758.92 Sioux City 354,607.62 480,929.21 826,536.83 Total 507,943.23 718,615.09 1,226,558.32 RECAPITULATION. For the Burlington and Missouri River Railroad 287,095.34 acres. For the Mississippi and Missouri River Railroad 774,674.36 " For the Cedar Rapids and Missouri River Railroad 775,454.19 " For the Dubuque and Sioux City Railroad 1,226,558.32 " A part of these lands were selected as swamp under the act of September 28, 1850. The exact extent of the conflict between the claims under the two grants it is impossible to determine from the records of the State Land Office for want of a copy of the swamp land selections of some of the counties. But the Commissioner of the General Land Office has reported a list of lands claimed by the state as swamp, under the act of September 28, 1850, and claimed also by the railroad companies under the act of May 15, 1856, the claim to which as swamp has been rejected by the Department and the land certified as railroad land, amounting to 553,293.33 acres. (For further particulars as to this conflict see Swamp Land.) These lands belong to the state for the purposes of the grant, and the companies must look to her for title. (State Excluded rel. Lockwood et al. v. Kirkwood, 14 Iowa 162.) There has been no mode prescribed for passing the title from the state. The Burlington and Missouri River Railroad Company, believing that some act on the part of the state, besides the act of July, 1856, was necessary to confer title on them, procured Governor Lowe to certify to them, on the 9th of November, 1859, (commencing at the Missouri River) – 187,207.44 acres; and on the 27th of December, 1859, 43,775.70 acres; total 231,073.14 acres – by attaching to the certified lists his official certificates under the seal of the state. These are the only lands certified by the state with any apparent design of passing title, or furnishing evidence of title. The subsequent lists delivered to that company it is true, have been also certified to by the Governor, but only to the effect that they are correct copies or duplicates of those lists furnished the state. These subsequent lists contain the lands claimed as swamp. The other companies have obtained no certificates of this character, and seem to think that nothing but the act of the Legislature of July 14, 1856, is necessary to complete their title. In other words, it is claimed that that act grants all the rights, powers, etc., to the companies which the act of Congress of May 15, 1856, conferred on the state – putting the companies in the place of the state as a party to the grant from Congress – and that that which completes the title to the state will, by virtue of this act of the Legislature, ensure to and complete the title of the companies To this position several objections have been urged: First, that the grant was made to the state in trust for a specific object; second, that it is evident from the act of July 14, 1856, that the General Assembly did not understand that the state thereby was to lose the control of these lands, but that she was still to retain a supervision over them, with the right to resume and withdraw from the companies all rights and powers conferred, in cae of failure on their part; and, third, that the certified lists from the General Land Office operate as a patent and convey title only by virtue of the act of August 3, 1854. The State Land Office has held this to be the correct position; That the act of July 11, 1856, when accepted by the companies became a conditional contract to ripen into a sale of the land, from time to time as the work progresses, and as the state thereby becomes authorized under the act of Congress to sell. The act of Congress of May 15, 856, was amended by an act approved on the 2d of June, 1864. The object of this amendatory act was to allow the Davenport and Council Bluffs Railroad "to modify or change the location of the uncompleted portion of its line," so as to run through the town of Newton, in Jasper County, or as near that point as practicable. The act provided that whenever the said railroad company should file in the General Land Office at Washington, a map definitely showing such new location, the Secretary of the Interior should cause to be certified and conveyed to said company, from time to time, as the road progressed, out of any of the lands belonging to the United States, not sold, reserved, or otherwise disposed of, or to which a pre-emption claim, or right of homestead, had not attached, and on which a bona fide settlement and improvement had not been made under color of title derived from the United States or from the State of Iowa, within six miles of such newly located line, an amount of land per mile equal to that originally authorized to be granted to aid in the construction of said road by the act to which this was an amendment; and if the amount of land granted by the original act for the construction of said railroad should not be found within the limits of six miles from such line, then such selections might be made along such line within twenty miles thereof; Provided, that the said company should not be entitled to, and should not receive, any land under that grant, which was situate within fifteen miles of the line of the Burlington and Missouri River Railroad, as indicated by the map of said road then on file in the General Land Office. Similar provision was made in the act for the Cedar Rapids and Missouri River Railroad, the lands to be conveyed on the following conditions: "When the Governor of the State of Iowa shall certify to the Secretary of the Interior that said company has completed in good running order a section of twenty consecutive miles of the mainline of said road west of Nevada, then the secretary shall convey to said company one third, and no more, of the lands granted for said connecting branch; and when said company shall complete an additional section of twenty consecutive miles, and furnish the Secretary of the Interior with proof as aforesaid then the said secretary may convey to said company another third of the lands granted for said connecting branch; and when said company shall complete an additional section of twenty miles, making in all sixty miles west of Nevada, the secretary, upon proof furnished as aforesaid, may convey to the said company the remainder of said land to aid in the construction of said connecting branch; provided, however, that no lands shall be conveyed to said company on account of said connecting branch road until the Governor of the State of Iowa shall certify to the Secretary of the Interior that the same shall have been completed as a first-class road. And no land shall be conveyed to said company situate and lying within fifteen miles of the original line of the Mississippi and Missouri Railroad, as laid down on a map on file in the General Land Office. Provided, further, that it shall be the duty of the Secretary of the Interior, and he is hereby required, to reserve a quantity of land embraced in the grant described in this section, sufficient, in the opinion of the Governor of Iowa, to secure the construction of a branch railroad from the town of Lyons, in the State of Iowa, so as to connect with the main line in or west of the town of Clinton, in said state, until the Governor of the state shall certify that said branch railroad is completed according to the requirements of the laws of said state. Provided, further, that nothing herein contained shall be so construed as to release said company from its obligations to complete the said main line within the time mentioned in the original grant. Provided, further, that nothing in this act shall be construed to interfere with, or in any manner impair, any rights acquired by any railroad company named in the act to which this is an amendment, or the rights of any corporation, person or persons, acquired through any such company; nor shall it be construed to impair any vested right of property, but such rights are hereby reserved and confirmed. Provided, however, that no land shall be conveyed to any company or party whatsoever, under the provisions of this act and the act amended by this act, which has been settled upon and improved in good faith by a bona fide inhabitant, under cover of title derived from the United States or from the State of Iowa, adverse to the grant made by this act or the act to which this act is an amendment; but each of said companies may select an equal quantity of public lands as described in this act within the distance of twenty miles of the line of each said roads in lieu of lands thus settled upon and improved by bona fide inhabitants in good faith, under color of title as aforesaid. The act also made like provision for the Dubuque and Sioux City Railroad, allowing the company so far to change their line between Fort Dodge and Sioux City as to secure the best route between those points, without impairing the right t, or changing the location of, the land granted in the original act. The act further provided that the Mississippi and Missouri Railroad Company should have the right to transfer and assign all or any part of the grant hereby made to said company to any other company, or persons, if in the opinion of said company the construction of said railroad across the State of Iowa would be thereby sooner and more satisfactorily completed; but such assignee should not in any case be released from the liabilities and conditions accompanying this grant, nor acquire perfect title in any other manner than the same would have been acquired by the original grantee. The Burlington and Missouri River Railroad was also by this act entitled to receive, out of any public lands belonging to the United States, not sold, reserved, or otherwise disposed of or to which a pre-emption claim or right of homestead had not attached within six miles of said road, as then located, an amount of land per mile equal to that mentioned in the original act, and if that could not be found within the limits of six miles from the line of said road, then such selection might be made along such line within twenty miles thereof. This act of Congress has been the occasion of considerable controversy between the state and the railroad companies. The original act had given the grant of land to the state, and not directly to the railroad companies. The state had accepted the grant, on the terms proposed, and had obtained control of the lands till May 15, 1866. The Secretary of the Interior had already certified to the state all these lands falling within fifteen miles of the line of railroad; yet, notwithstanding all this, Congress seems to have acted in the passage of the amendatory act of June 1, 1864, with such ignorance of what had been already done, or such disregard of it, as to require the secretary, on certain conditions, to certify these lands directly to the railroad companies. When the Secretary of the Interior certified the lands to the state under the act of 1856, the United States was divested of title, until the lands reverted at the end of the ten years. The Interior Department has recognized this fact, and refused to review its action in so certifying, and refused all investigations asked for the purpose of establishing adverse claims (except in cases of pre-emptors), on the ground that the United States had parted with her title, and had no power over the land. On the 12th of May, 1864, Congress made a grant of lands to the State of Iowa for the use and benefit of the McGregor Western Railroad Company, to aid in the construction of a railroad from McGregor to Sioux City. By this act every alternate section of land, designated by odd numbers, for ten section in with on each side of the proposed road, was granted for the object stated, the United States reserving to itself the right to substitute other lands therefor in case it should be found that this grant infringed upon pre-emption, or settlement, or lands that had been reserved by the United States for any other purpose. In that case, the Secretary of the Interior was authorized to cause lands, in lieu of these, to be selected from the public lands of the United States nearest to the tiers of sections above specified. 10TH – AGRICULTURAL COLLEGE AND FARM LANDS. On the 22d of March, 1858, the General Assembly passed an act establishing "an Agricultural College and Model Farm," under the management of a Board of Trustees. (Chapter 91, Acts 7th General Assembly.) The 11th section of that act appropriates the proceeds fo the five section grant (provided Congress should consent to the diversion), together with all lands that Congress might thereafter grant to the state for the purposes contemplated by said act, for the benefit of said College. On the 23d of March, 1858, said General Assembly passed a joint resolution asking the consent of Congress to such diversion of said five section grant. In response thereto Congress passed an act, approved July 11, 1862, removing the restrictions contained in said grant, and authorizing the General Assembly of the State to make such disposition of said lands as they shall deem best for the interest of the state. (Chap. 146, 2d Sess.37th Congress.) By these acts, the five sections of land in Jasper County, approved to the state to aid in the erection of public buildings, under act of Congress entitled "An act supplemental to the act for the admission of the States of Iowa and Florida into the Union," approved March 3d, 1845, have been fully appropriated for the benefit of the Iowa Agricultural College and Farm, and have nearly or quite all been sold by the trustees of that institution. The Agricultural College and Farm located are located in Story County, and seven hundred and twenty-one acres of land in that county have been donated by individuals for the institution, and two hundred in Boone County. By an act of Congress approved July 2, 1862, the General Government made an appropriation to each state and territory of an amount of land equal to thirty thousand acres for each Senator and Representative in Congress to which the states were respectively entitled by the apportionment under the census of 1860, for the purpose of endowing Colleges of Agriculture and the Mechanic Arts. The Ninth General Assembly, convened in extra session by proclamation of the Governor, passed an act entitled "An act to accept of the grant, and carry into execution the trust conferred upon the state of Iowa by an act of Congress entitled 'An act granting public lands to the several states and territories which may provide Colleges for the benefit of Agriculture and the Mechanic Arts,' approved July 2, 1862." Approved September 11, 1862, accepting the grant upon the conditions and under the restrictions contained in said act of Congress, and requiring the Governor to appoint an agent to select and locate the land granted in said act, and providing that no lands shall be selected under said grant that are claimed by any county as Swamp Lands, requiring said agent to report to the Governor, and making it the duty of the Governor to lay the list of selections before the Board of Trustees of the Agricultural College at their next meeting for their approval, etc.; and appropriating $1,000 to carry out the provisions of the act. (Acts Excluded. Session, 1862, p. 25.) The state having eight Senators and Representatives in Congress, thus became entitled to 240,000 acres of land for the purpose of establishing and maintaining in this state an Agricultural College. Peter Melendy, of Black Hawk County, was appointed under the act of the legislature to select the lands. He made the selections during August, September and December, 1863, in the Des Moines, Sioux City and Fort Dodge Land Districts. These selections were certified by the Commissioner of the General Land Office, on the 8th of December, 1864, and approved to the state by the Secretary of the Interior on the 13th of said month. The title to said lands is vested in fee-simple in the state without any danger of conflicts with claims under other grants. These lands are approved to the state as 240,000.96 acres, but 35,6921.66 acres lie within railroad limits and are therefore computed at double their quantity, making the actual quantity approved under the grant 204,309.30 acres as follows: In The Fort Des Moines District. COUNTIES Amount in Outside R.R. Total acres. R.R. Limits Limits Worth 195.56 195.56 Winnebago 2,429.75 2,429.75 Greene 4,178.65 4,178.65 Total in this district 6,804.96 In the Sioux City District. COUNTIES Amount in Outside R.R. Total acres. R.R. Limits Limits Buena Vista 1,765.33 4,072.25 5,837.58 Cherokee 2,249.62 2,249.62 Clay 8,719.42 8,719.42 Dickinson 5,159.67 5,159.67 Emmett 8,594.15 8,594.15 Ida 5,212.32 3,426.55 8,638.87 Lyon 1,120.00 1,120.00 O'Brien 1,600.00 1,600.00 Palo Alto 1,600.00 1,600.00 Plymouth 1,760.00 2,082.60 3,842.60 Sac 320.00 320.00 Sioux 1,280.00 1,280.00 Woodbury 3,201.17 6,902.29 10,103.46 Total 14,518.44 44,556.93 59,075.37 In the Fort Dodge District. COUNTIES Amount in Outside R.R. Total acres. R.R. Limits Limits Calhoun 3,068.00 3,068.00 Emmett 8,054.84 8,054.84 Hamilton 2,481.50 2,481.50 Humboldt 3,063.13 3,063.13 Kossuth 84,198.29 84,198.29 Palo Alto 26,118.14 26,118.14 Pocahontas 3,549.04 3,549.04 Webster 3,249.72 3,249.72 Wright 4,645.45 4,645.45 Total 16,645.45 121,434.40 138,428.97 Aggregate number of acres 204,309.30. The Tenth General Assembly by an act entitled "An Act authorizing the Trustees of the Iowa State Agricultural College and Farm t sell all lands acquired, granted, donated or appropriated for the benefit of said College, and to make an investment of the proceeds thereof," approved March 29, 1864, appropriate and grant these lands to said college, and authorize the trustees to sell or lease the same as therein prescribed. (Acts 1964, p. 148.) In pursuance of this act the trustees took possession of these lands and opened an office for the sale or lease of the same at Fort Dodge, under the agency of Hon. G. W. Bassett. How much has been actually sold or leased we are not informed. There are, according to the records of the State Land Office, of lands appropriated to the benefit of the Agricultural College, and under the control of the Trustees of the same, as follows: Acres Under the act of July 2, 1852…………………………………………………. 204,309.30 Of the five-section grant……………………………………………………… 3,200.00 Lands donated in Story County………………………………………………. 721.00 Lands donated in Boone County……………………………………………… 200.00 Total………………………………………………… 208,430.30