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 the omission of such language from the grants subsequently made
from time to time to as late as 1862, the Department of the Interior
believed that the duty of “disposal” was properly in the States charged
with executing the trusts; and in all the earlier grants, immediately
upon the location of the roads and determination of the limits of the
grants, certified, in whole, the lands to which the companies would
ultimately have been entitled had the roads been completed as required.
At that time there was but little doubt that all of the roads would be
rapidly constructed; but the civil conflict very naturally put a stop
to such extended improvements, and to-day about twenty railroads remain
uncompleted, and the lands certified to the States for their use and
benefit exceed by 1,058,295.86 acres the lands actually earned by the
portions of the several roads constructed.
Out of the act of June 29, 1854, and the repealing statute a
very interesting question arose, which received, ultimately, the
consideration of the Supreme Court. A suit was brought in trespass by
Edmund Rice against the Minnesota and Northwestern Railroad Company,
for cutting timber on a tract of land in Minnesota. The company, in
its defense, set up title under the granting act aforesaid; to which
plaintiff replied, reciting the repealing statute. On demurrer by
the company, the question as to whether an interest had vested under
said grant was thus fairly presented to the Supreme Court. That body
decided, after elaborate review of the whole case, that the act of
August 4 was “a valid law”, and that no interest, beneficiary or
otherwise, had vested under the said grant.
In 1856, at different times, various grants were made to the States
of Iowa, Florida, Alabama, Louisiana, Michigan, Wisconsin, and
Mississippi, and on the 3d of March, 1857, to Minnesota.
An examination of these grants--say the one to Iowa, it being first
of the series--shows that, with the exception of the fact that the
sections granted were designated by _odd_ instead of _even_ numbers,
they were similar to the Missouri grant of 1852. The change there
inaugurated was owing to the fact that certain even sections in each
township had been previously given to the several States for school
purposes, and in a grant embracing a large territory the difference to
the railroad grants caused thereby would be considerable. From 1857
until 1862 Congress seems to have been otherwise engaged, for I am
unable to find that any acts were passed during that period touching
railroad grants.
By an act approved July 1, 1862, a new departure was taken. Certain
persons were created into a body corporate under the title and name
of the “Union Pacific Railroad Company”. The object thereof was the
construction and maintenance of a railroad and telegraph line from the
Missouri River to the Pacific Ocean.
Public-domain text, read in full here on John Shaqi.
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