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being no appropriation out of which such fee could be paid, the diagrams could not be procured. Such diagrams would be a great convenience to the office, and the State should have procured them long ago.

Chapter 167 of the acts of the Eighteenth General Assembly, which relates to certifying lands to railroad companies and others entitled to the same under grant from the State, requires that such grantee shall make the application for certificate. This provision has been amended by chapter 123 of the acts of the Nineteenth General Assembly so as to allow any person claiming title through such grantee to make the application for the certificate and receive the same from the State authorities. This act also repeals chapter 153, acts Ninth General Assembly, which required the Dubuque & Sioux City Railroad Company to execute certain releases before such company could receive conveyances from the State. The act is as follows:

CHAPTER 123.

AN ACT to Repeal Chapter 153 of the Laws of the Ninth General Assembly,

and to Amend Section 1 of Chapter 167 of the Laws of the Eighteenth

General Assembly (in Relation to Lands held under Land Grants). Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. That chapter 153 of the laws of the Ninth General Assembly be and the same is hereby repealed.

SEC. 2. That section 1 of chapter 167 of the laws of the Eighteenth General Assembly be and the same is hereby amended: First, by striking the words "the grantee” from the 11th line thereof, and inserting in lieu of the words so stricken out the following: “Such person or company or on the application of a party claiming title to any land through such person or company.” Second, by striking the word “grantee” from the 12th and 17th lines thereof, and inserting in lieu of the word so stricken out the word "applicant.”

Approved, March 17, 1882.

CHICAGO, ROCK ISLAND & PACIFIC RAILROAD.

On February 18, 1882, the State certified the lands described in the following list to

the Chicago, Rock Island & Pacific Railroad Company under chapter 167, acts of the Eighteenth General Assembly. These are all the lands that the State has ever certified to said Company, and as I understand, all for which the Company has requested certificate. The lands are situated in Iowa county.

es.

PARTS OF SECTION.

Sec.

Town.
Range.

40.00

ne of sw...........................

12581 10 lots 2 and 3......

81.15 lot 4, and w hf of nw..

17 81111 148.10 lot 3...........

37812 51.01 nw of sw...................

7912 40.00 s hf of nw.........

7912 80.00

40.00 sw of se....... .....................................................11180012

81 12 172.18 ne qr.....

M IT 652.44 Total...............................................,

CEDAR RAPIDS AND MISSOURI RIVER RAILROAD.

In making up the lists of lands to be certified to the Cedar Rapids & Missouri River Railroad Company under chapter 167, acts of the Eighteenth General Assembly, of the lands that were certified to the State under the grant of May 15, 1856, a large number of tracts were excluded from said lists, in accordance with the requirements of said act of the General Assembly, on account of the same being in suit. This office is ready to certify any of said lands to said company, as soon as satisfactory evidence is furnished that the suits in which they are involved have been finally determined and settled, and the lands adjudged to belong to the said railroad company.

All the land which the State has certified to said company within the last two years is the following tract, situated in Greene county, viz:

Ne of se sec. 33, town 85, range 30, containing 40 acres.

This tract was certified on October 24, 1881, under chapter 167, acts Eighteenth General Assembly.

DUBUQUE & SIOUX CITY RAILROAD. The Nineteenth General Assembly, by act approved March 17, 1882, repealed chapter 159, acts of the Ninth General Assembly, which was supposed to be a barrier to issuing certificates to said company for the lands they were entitled to under the grant from the State. This act of the Ninth General Assembly provided that said company should release to the State all claim to Swamp, School, and Des Moines River lands before they should receive any certificates for lands granted for their benefit.

This office is ready to issue certificates to said company. under chapter 167 of the acts of the Eighteenth General Assembly, and amendment to same, for all the lands they are entitled to, not heretofore conveyed, when proper application is made therefor.

The following described tract, situated in Pocahontas county, was conveyed to said railroad company by certificate on January 2, 1883, upon the application of George W. Bassett, who claimed title as grantee under and through the railroad company, viz: Ne qr, and nw of nw sec. 25, town 90, range 31, containing 200.00 acres.

This is all that has been conveyed by the State to said company during the last biennial period.

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Some of the lands along the line of the road constructed from McGregor to Sheldon, claimed by various presons under chapter 21, acts of Seventeenth General Assembly, have not been patented to the State by the general government, and until this is done the lands will not be patented to the claimants. The State authorities have had considerable correspondence with the land department at Washington, with a view to obtaining patent for these lands but have been unsuccessful in their efforts. The Governor some time ago furnished the Commissioner of the General Land Office with a list of said lands and earnestly requested that patent should issue. The Commissioner in his correspondence held that before his department would take any action relative to patenting these lands, there must be a formal selection of them at the local government land office in Des Moines, by ar. 22nd of the State, waú a iee pain which he claimed was required by act of Congress of July 1, 1864. This act is to increase the compensation of registers and receivers of land offices in the States and Territories, and provides as follows: “That from and after the passage of this act, in the location of lands by States and corporations under grants from Congress for railroads and other purposes (except for agricultural colleges), the registers and receivers of the land offices of the several States and Territories, in the districts where such lands may be located, for their services therein shall be entitled to receive a fee of one dollar for each final location of one hundred and sixty acres to be paid by the State or corporation making such location.” The State authorities, in their correspondence with the land department, contended, that the selection of these lands was governed by the act of May 12, 1864, granting lands for building the road from McGregor westward, that said act required the Secretary of the Interior to make the selections, and as it provided no fee for such selection, none was required.

Whether the views of the Commissioner in the matter were correct or not, they were sustained by the Secretary of the Interior. It is therefore not likely that patent for these lands will be obtained in any other manner than that advised by the Commissioner.

The Commissioner says that the lands patented to the State under the grant were selected by agents of the railroad company, who were recognized by the department as agents of the State, and that a fee was paid by such agent on each tract selected.

The General Assembly never made an appropriation to pay for selecting any of the lands granted by the said act of May 12, 1864, and there are no funds belonging to the State out of which fees for such selections could be paid. '

Some of the tracts claimed have been selected as Swamp land, and the Swamp claim will have to be removed before they will be patented under the grant.

The following is a list of the lands claimed as aforesaid and not patented to the State, with name of claimant.

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PARTS OF SECTION.

Section.
Town.
R ange.

NAME OF CLAIMANT.

Acres.

.................. 19 93 27

.........J13/9399

ehf of sw, sw of sw...

120.00 Lasley Barton. s hf of sw, nw of sw, sw of

160.00 Hiram L. Babbitt. nw of nw.....

40.00 Ellis Martin. ....................../159327 s hf of sw......

80.00 Peter Groshong. sw gr............................

160.89/Wm. Rommiens. n hf of ne........

80.00 Reuel Whittier. nw qr. ......

160.00 Mrs. Mary Stage. sw of se..........

40.00 Darius A Nash. nw of ne, se of ne.....

80.00 Wm. Edson. nw fr qr.........

148.40 W. J. McNelly. n hf of sw........

74.18 Caroline Wray. n hf of se.........

80.00 William McNally. w hf of sw....

80.00 John Smylie. s hf of ne.......

80.00 Christian A. Rossing. nw of se.......

40.00 Ole H. Gullixson. sw of nw...

40.00 Gulick H. Frydland. * n hf of nw.......

68.40 John C. Heckart. *n hf of ne, se of ne......

109.20 John Jacobs. * ne of sw....

40.00 James H. Warren. s hf of nw....

73.95 Aravesta Hawkes. s hf of ne, ne of se......

120.00 Nathan Hawkes. sw qr........

160,00 Almira J. Simpson. *nw qr........

160.00 L. K. Garfield. n hf se, se of se........

21 98 29 120.00 Geo. O. Austin. n hf of ne, se of ne.....

27 98 29 120.00 H. S. Vaughn. n hf of nw.

27 98 29 80.00 David D. Wadsworth. se of ne..........

40.00 Samuel Sands. se of ne....

40.00 William Emmerson. n hf of nw, sw of nw....

120.00 Mrs. Mary E. Emmerson. s hf of se......

80.00 Chas. G. Emmerson. *ne of nw, nw of ne, se of ne.... 15 98 30 120.00 Heirs of Mary C. Finch. w hf of sw....

.. 792 31 72.64 Harmon Seeley. Total.................

2,987.66 NOTE--The tract claimed by Mrs. Mary Stage,'nw qr sec. 35, tp. 93, r. 27. the Commissioner of the General Land Office informs us, is not within the limits of the railroad grant.

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.........

1393 30

The five descriptions marked with a star were patented by the State to the parties whose names appear opposite to each, respectively, as heretofore reported in reports of State Land Office; although none of them have been patented to the State by the general government.

The west fr. half of southwest quarter of section 31, township 99, range 37, containing 83.20 acres, claimed by D. C. Moore, as an actual settler under chapter 21, Acts of Seventeenth General Assembly, was patented to him on March 8, 1883.

There were a few tracts of land patented to the State under this grant of May 12, 1864, that have been withheld by the State from patent to the railroad company, on account of confliction with other claims that seem to have priority, and for other reasons.

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