In October, 1851, another Secretary of the Interior, while expressing
the opinion that the grant only extended to the Raccoon Fork, declared
that he would approve the selections made by the State of Iowa of lands
above that point, "leaving the question as to the construction of the
statute entirely open to the action of the judiciary."
In this condition of affairs selections were made by Iowa of a large
quantity of land lying above the Raccoon Fork, which selections were
approved and the land certified to the State. In the meantime the State
had entered upon the improvement of the river and it appears had
disposed of some of the land in furtherance of said improvement. But in
1854 the State of Iowa made a contract with the Des Moines Navigation
and Railroad Company for the continuance of said work at a cost of
$1,300,000, the State agreeing in payment thereof to convey to the
company all the land which had been or should thereafter be certified to
the State of Iowa under the grant of 1846.
In November, 1856, further certification of lands above the Raccoon Fork
under the grant to the State of Iowa was refused by the Interior
Department. This led to a dispute and settlement between the State of
Iowa and the Des Moines Navigation and Railroad Company, by which the
State conveyed by deed to said company--
All lands granted by an act of Congress approved August 8, 1846, to the
then Territory of Iowa to aid in the improvement of the Des Moines River
which have been approved and certified to the State of Iowa by the
General Government, saving and excepting all lands sold and conveyed,
or agreed to be sold and conveyed, by the State, by its officers and
agents, prior to the 23d day of December, 1853, under said grant.
Pages:
937
938
939
940
941
942
943
944
945
946
947
948
949
950
951
952
953
954
955
956
957
958
959
960
961