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.)
While this was not the first concession of lands in favor of railroads,
it may properly be considered the initiatory measure of the present
system. It granted specific sections instead of one-half of a certain
number of sections; provided in positive terms for “indemnity” for
lands lost to the grant; designated the manner in which the lands
should be disposed of; increased the price of the reserved sections
within the “granted” limits; provided for reversion in case of default,
and virtually established a form of grant which was differed from
but little in succeeding donations. It was the first railroad grant
that became effective, for of all previous ones none appear to have
been developed. The roads are now known as the Illinois Central and
branches, and the Mobile and Ohio.
For the following two years no grants of importance were made, until
by an act approved June 10, 1852, a donation was made to the State of
Missouri for the construction of certain roads therein, now known as
the Hannibal and Saint Joseph, and the Missouri Pacific, Southwest
Branch. This grant was similar in character and extent to that to
Illinois, save two sections--one providing for the disposal of the
lands, and the other directing the Secretary of the Interior to
offer at public sale, from time to time, at the increased price, the
“reserved” or Government sections. The section respecting the disposal
of the lands is as follows: “That the lands hereby granted to said
State shall be disposed of by said State in manner following, that
is to say: that a quantity of land, not exceeding one hundred and
twenty sections on each road, and included within a continuous length
of twenty miles of said road, may be sold; and when the governor of
said State shall certify to the Secretary of the Interior that said
twenty miles of road is completed, then another like quantity of land,
hereby granted, may be sold; and so from time to time until said road
is completed; and if said road be not completed within ten years, no
further sales shall be made, and the lands unsold shall revert to the
United States.”
With the exceptions stated, and the omission of the clause requiring
the State to reimburse the Government for lands sold, the grants are
identical.
That act was followed by an act approved February 9, 1853, making,
under like conditions and impositions, a similar grant to Arkansas, in
aid of certain roads in that State. In this, however, the clause or
section directing the Secretary to “offer” the lands was omitted.
For the next three years Congress seems to have been quite as liberal
in donations for other purposes, but no grants were made in aid of
railroads, unless note be made of a grant to Minnesota by act of June
29, 1854, which was repealed in August following.
Public-domain text, read in full here on John Shaqi.
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