Page images
PDF
EPUB

Iowa as to any of these lands would give any additional rights to the company under the act of the General Assembly above cited, The Governor had no authority to certify to any lands until the Lyons branch was constructed, and of course while that condition remained uncomplied with, any such certificate would be a mere nullity, and as it seems to me, without any binding force whatever. But the question recurs, how far does the act of Congress of June 2, 1864, operate to release the company from the obligations to construct the main line on or near the forty-second parellel, as imposed by the act of the Eighth General Assembly in accordance with the original grant made by Congress in 1856?

There seems to be a studied vagueness of expression about the provisos in the fourth section of this act; so much so that if it were not an act of Congress, surrounded by such solemn sanctions, one might be led to suspect it of evil intent. Indeed, the whole wording of it seems to indicate a purpose on the part of its framer, "not so much to get wrong by design as to avoid hitting upon the right thorough mistake.”

I do not think the act of 1864 had the effect in any way to release the company from these obligations. Congress had, by the grant of 1856, parted with all the title of the United States to the lands embraced in that grant, subject to the ten year's limitation, which is not a question here, as there is no laches on the part of the State. The original main line would have taken the road through Onawa City, which is on the forty - second parallel.

Two courses are open to the State, either legislation, or to go into court, where the company, like any other corporation, can be dealt with for any abuse of its franchises, and in a proper case made may be ousted of them.

Very respectfully,

HENRY O'CONNOR,
Attorney General,

REPORT OF COMMITTEE

ON THE

SUPPRESSION OF INTEMPERANCE.

DES MOINES:

F. W. PALMER, STATE PRINTER,

1868.

MAJORITY REPORT.

The committee on the suppression of intemperance, to whom was referred Senate File 136, being equally divided, (Senator Mathies absent), the undersigned members of the committee report the same back with accompanying substitute, and recommend the passage of the substitute.

G. G. BENNETT,
A. M. LARIMER,
ADDISON OLIVER.

« PreviousContinue »