so reserved was made by the
State of Iowa and until the said deed was supplemented and confirmed by
the action of the Congress in 1861 and 1862.

In April, 1850, the Secretary of the Interior, that Department having
then been created, determined that the grant extended no farther than
the Raccoon Fork; but in view of the fact that Congress was in session
and might take steps in the matter, the Commissioner of the General Land
Office expressly continued the reservation.

In October, 1851, another Secretary of the Interior, while expressing
the opinion that the grant only extended to the Raccoon Fork, declared
that he would approve the selections made by the State of Iowa of lands
above that point, "leaving the question as to the construction of the
statute entirely open to the action of the judiciary."

In this condition of affairs selections were made by Iowa of a large
quantity of land lying above the Raccoon Fork, which selections were
approved and the land certified to the State. In the meantime the State
had entered upon the improvement of the river and it appears had
disposed of some of the land in furtherance of said improvement. But in
1854 the State of Iowa made a contract with the Des Moines Navigation
and Railroad Company for the continuance of said work at a cost of
$1,300,000, the State agreeing in payment thereof to convey to the
company all the land which had been or should thereafter be certified to
the State of Iowa under the grant of 1846.

In November, 1856, further certification of lands above the Raccoon Fork
under the grant to the State of Iowa was refused by the Interior
Department. This led to a dispute and settlement between the State of
Iowa and the Des Moines Navigation and Railroad Company, by which the
State conveyed by deed to said company--

All lands granted by an act of Congress approved August 8, 1846, to the
then Territory of Iowa to aid in the improvement of the Des Moines River
which have been approved and certified to the State of Iowa by the
General Government, saving and excepting all lands sold and conveyed,
or agreed to be sold and conveyed, by the State, by its officers and
agents, prior to the 23d day of December, 1853, under said grant.

This exception was declared in the deed to cover the lands above the
Raccoon Fork disposed of to settlers by the Government in 1848 under the
proclamation of the President opening said lands to sale and settlement,
which ha