Report on the lands of the arid region of the United States, with a more detailed account of the lands of UtahPowell, John Wesley
History
Report on the lands of the arid region of the United States, with a more detailed account of the lands of Utah
Powell, John Wesley
Irrigation -- Utah; Irrigation -- West (U.S.); Public lands -- United States; Rain and rainfall -- West (U.S.)
It is well to state that the work of improving the river was abandoned,
and the railroad was constructed instead.
Without examining the numerous right of way and other lesser grants,
I desire to direct attention to what is generally considered the
_first_ railroad grant. Reference is made to the donation by the act of
September 20, 1850.
By that statute a grant was made to the State of Illinois of “every
alternate section of land designated by even numbers, for six sections
in width on each side of” the road and branches therein provided for.
The road to be built was from the southern terminus of the Illinois
and Michigan Canal to a point at or near the junction of the Ohio and
Mississippi Rivers, with a branch of the same to Chicago, and another
via the town of Galena, in Illinois, to the town of Dubuque, in Iowa.
The second section provided that should it appear that the United
States had, when the lines of said road and branches were definitely
fixed, sold any part of any section thereby granted, or that the right
of preëmption had attached to the same, it should be lawful for any
agent or agents (to be appointed by the governor of the State) to
select so much land as would be equal to the tracts lost within the
granted limits. This “indemnity” was to be selected within fifteen
miles of the road and branches.
The third section provided that the sections and parts of sections
which by the operation of the grant remained to the United States
within six miles on each side of said road and branches, should not be
sold for less than the double minimum price when sold.
Section 4 provided for the disposal of the lands, and declared that the
road should remain a public highway for the use of the Government free
from toll or other charge.
The fifth section declared within what period the roads should be
completed, and provided that in the event of a failure on the part of
the State to comply with the conditions of the grant, it was “bound to
pay to the United States the amount which may be received upon the sale
of any part of said lands by said State”. The title of the purchasers
was to be valid, but the tracts not sold were to revert and revest in
the United States.
Section 6 said that the mails were to be transported at all times at
such price as Congress might direct.
By the seventh section the grant was extended, on the same terms and
conditions, to the States of Alabama and Mississippi, for the purpose
of aiding in the construction of a road from Mobile to connect with the
first above named road.
Public-domain text, read in full here on John Shaqi.
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