FREE BOOKS

Author's List




PREV.   NEXT  
|<   132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156  
157   158   159   160   161   162   163   164   165   166   167   168   169   170   171   172   173   174   175   176   177   178   179   180   181   >>   >|  
ound. I have carefully examined the legislation upon the subject of this grant, and studied the decisions of the court upon the numerous and complicated questions which have arisen from such legislation, and the positions of the parties claiming an interest in the land covered by said grant, and I can not but think that every possible question that can be raised, or at least that ought to be raised, in any suit relating to these lands has been determined by the highest judicial authority in the land; and if any substantial point remains yet unsettled, I believe there is no difficulty in presenting it to the proper tribunal. This bill declares that certain lands which nearly twenty-four years ago the United States entirely relinquished are still public lands, and directs the Attorney-General to begin suits to assert and protect the title of the United States in such lands. If it be true that these are public lands, the declaration that they are so by enactment is entirely unnecessary; and if they are wrongfully withheld from the Government, the duty and authority of the Attorney-General are not aided by the proposed legislation. If they are not public lands because the United States have conveyed them to others, the bill is subject to grave objections as an attempt to destroy vested rights and disturb interests which have long since become fixed. If a law of Congress could, in the manner contemplated by the bill, change, under the Constitution, the existing rights of any of the parties claiming interests in these lands, it hardly seems that any new questions could be presented to the courts which would do more than raise false hopes and renew useless and bitter strife and litigation. It seems to me that all controversies which can hereafter arise between those claiming these lands have been fairly remitted to the State of Iowa, and that there they can be properly and safely left; and the Government, through its Attorney-General, should not be called upon to litigate the rights of private parties. It is not pleasant to contemplate loss threatened to any party acting in good faith, caused by uncertainty in the language of laws or their conflicting interpretation; and if there are persons occupying these lands who labor under such disabilities as prevent them from appealing to the courts for a redress of their wrongs, a plain statute, directed simply to a remedy for such disabilities, would not be objectionable.
PREV.   NEXT  
|<   132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156  
157   158   159   160   161   162   163   164   165   166   167   168   169   170   171   172   173   174   175   176   177   178   179   180   181   >>   >|  



Top keywords:

parties

 

States

 

claiming

 

public

 

Attorney

 

legislation

 

United

 

General

 
rights
 

courts


authority
 

Government

 

subject

 
disabilities
 

interests

 
questions
 
raised
 

contemplated

 

change

 

Congress


controversies

 

litigation

 
manner
 

existing

 
useless
 

bitter

 

presented

 

Constitution

 
strife
 

pleasant


interpretation

 

persons

 

occupying

 

conflicting

 

caused

 

uncertainty

 

language

 

prevent

 
directed
 
simply

remedy

 

objectionable

 

statute

 

appealing

 

redress

 

wrongs

 

properly

 

safely

 

remitted

 

fairly