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.)
By that act there was granted to the Territory of Minnesota, for the
purpose of aiding in the construction of a railroad from the southern
line of said Territory, via Saint Paul, to the eastern line of the
Territory in the direction of Lake Superior, “every alternate section
of land designated by odd numbers for six sections in width on each
side of said road within said Territory”; but in case it should appear
that the United States had, when the line of the road was definitely
fixed, sold any section or any part thereof granted, or that the right
of preëmption had attached to the same, then it should be lawful for
any agent or agents to be appointed by the governor of said Territory,
subject to the approval of the Secretary of the Interior, to select
lands from alternate sections within fifteen miles of the road to
make up the deficiency. The lands granted were to be applied to the
construction of the road only. Section 2 increased the price of the
“reserved” tracts.
Section 3 provided that the lands should be disposed of by the
legislature for the purposes aforesaid and were not to inure to the
benefit of any company then constituted or organized. The road was to
remain a highway, as in previous grants; and the lands could not be
sold until they had first been “offered” at the increased price.
By section 4 no title was to vest in said Territory or patent issue
for any part of the lands until a continuous length of twenty miles of
said road had been completed; and when the Secretary of the Interior
was satisfied that any twenty continuous miles of said road had been
completed, then patent was to issue for a quantity not exceeding one
hundred and twenty sections of land; and so on from time to time until
the road was completed. If the road was not completed within ten years
no further sales could be made, and the lands remaining unsold were to
revert.
By an act approved August 4, 1854, the act of June 29, 1854, was
repealed; and although four grants have been declared forfeited, for
failure of the grantees to perform the required conditions, this is the
only one which Congress has in terms repealed.
It is to be regretted that subsequent legislation was not as devoid of
ambiguity. Had it been, much embarrassment might have been saved the
Government. I refer particularly to that clause or section respecting
the vesting of title and the manner in which the State was to acquire
rights under the grant. By the terms thereof no patents were to issue
except as the work of building the road progressed.
Public-domain text, read in full here on John Shaqi.
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