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ley Railroad Company certain Rights and Privileges in
respect to the Resumption of Lands heretofore granted
to said Company. i

Whereas, By act of Congress approved August Preamble.
8, 1846, there was granted to the then Territory of
Iowa certain lands to aid in the improvement of the
Des Moines river, in said Territory ; which grant the
State of Iowa, by joint resolution of the General As-
sembly, approved January 9, 1847, accepted for the 1847, J. R. 2
purposes therein specified ; and,

Whereas, The General Assembly of this State, by
an act approved March 22, 1858, granted such portion 1858, ch. 99.
of said lands as had not been previously disposed of,
to the Keokuk, Fort Des Moines and Minnesota JRail-
road Company, to aid in the construction of a railroad
from the city of Keokuk up and along the valley of the
Des Moines river by the way of the city of Des Moines
to the northern line of the State, in the direction of the
southern bend of the Minnesota or St. Peter's river, and
providing that said grant should become operative when
the consent of Congress to the diversion of said lands
should be obtained, or the title thereto vested in the
State ; and also imposing upon said company, in case
of its acceptance of said grant, certain conditions and
restrictions, among which it was provided that said
company would complete seventy - five miles of said
road within three years, and thirty - three miles each
year thereafter for five years, and the whole line on or
before the first day of December, 1868 ; and,

Whereas, Such consent of Congress to the diversion
was given by an act approved July 12, 1862, and said
company afterward accepted said grant ; and,



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j£ TWELFTH GENERAL ASSEMBLY. [Ch. 57. 1868.

Wheeeas, Said Keokuk, Fort Des Moines and Min-
nesota Railroad Company is now known as and called
the Des Moines Valley Railroad Company ; and,

Whereas, Said railroad [company] is in default in
respect to the time of construction of said road, and
in the performance of other conditions of said grant,
whereby the State has the right to resume the whole
or a part of said lands : therefore,

Section 1. Be it enacted by the General Assembly
of the State of Iowa, That the reserved rights and
interests of the State in respect to the resumption and
Relinquish- disposal of said lands are hereby relinquished to and
nentto D.V. conferred upon said Des Moines Valley Railroad Com-
R. R. Co. pany, in the manner and upon tlie performance of the
conditions precedent by said company, as hereinafter
set forth, and not otherwise, viz. :
Duty of Reg- First — That it shall be the duty of the Register of
ister S. L O. the State Land Office, as soon as practicable, and before
the first day of July, 1868, to set apart and reserve from
the remaining river lands within the grant, and lying
in place next north of township number ninety, and
upon which there are no settlers claiming homestead
rights, and exclusive, also, of the ten sections set apart
100,000 acres and sold to S. H. Taft, one hundred thousand acres of
topayclaims. 8 aid lands, which shall be especially held to 6ecure the
payment of the claims described in sections 1 and 2 of
chapter 22 of the laws of the Eleventh General Assem-
bly of Iowa, and also of such claims as have been or
may be allowed by the present General Assembly.

Second — That if the said Des Moines Valley Railroad
Company shall fail to pay in full and discharge all the
claims in the preceding paragraph mentioned, by or
before the first day of July next, then it shall be the
duty of the Register of the State Land Office, and he
is hereby required to proceed immediately to sell at his
office in Des Moines, for cash, to the highest bidder, for
Sale of lands not * e88 ^sui one dollar and fifty cents per acre, all the
it not less lands reserved by the preceding paragraph, or 60 much
than $150 thereof as shall produce the amount of money remain-
Proviscf- ad-* n & c ' ue anc * lln P a ^d on such claim: Provided, That he
vertisement. shall first advertise the sale of such lands for not less
than sixty days in four different newspapers published,
one in Springvale, one in Fort Dodge, one in Des
Moines, and one in Keokuk, Iowa; and provided fur-
ther, That such lands shall be sold by him in quantities
not le68 than forty acres nor more than one hundred
and sixty acres each, and that the warrants issued by
the State Auditor on account of the claims aforesaid



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Ch. 57. 186a] TWELFTH GENERAL ASSEMBLY. Q5

shall be received as cash in payment of lands bought Co. may pay
at such sale ; and provided further, that said company claims -
shall have the right to pay said claims at any time be-
fore such sale of the lands.

Third — That upon such sale and payment of the
purchase money, the Register shall issue a certificate to Register to
the purchaser, showing the land purchased by him and certify,
the amount paid therefor; and upon the presentation
thereof to the Governor he shall execute to the pur- Gov. to exe-
chaser a deed in the name of the State of Iowa, without cute deeds -
warranty, conveying the lands so purchased, which
deed shall be effectual to pass all the right and title
thereto now held by the State, or which may hereafter
be acquired by the State from the United States; and
all moneys, the proceeds of the sales of lands as afore- Moneys for
said, shall be by the Register paid into the State lai !<Js t0 . be
treasury for the use of the holders of the unpaid claims ants— how™"
herein provided for; which shall be paid in the order
specified in section 1 of chapter 22 of the laws of the 1866 » ch * 22#
11th General Assembly, upon the production and sur-
render of the warrants therefor ; and if there should be
an amount insufficient to pay the same in full, then the
same shall be paid pro rata / and if there shall remain
a balance after paying the same in full, such balance balance. 8e
shall be paid over to said railroad company.

Fourth — That the Register of the State Land - Office
shall, as soon as practicable and prior to the first day of
Jnly next, select from the lands embraced in the said
act of Congress, approved July 12, 1862, excluding the
lands reserved and described in the first paragraph
hereof, one hundred thousand acres of said land of
average value as near as practicable, and embracing the
ten sections sold to S. H. Taft; and the lands so
selected, as well as the proceeds of any portion thereof
now sold, shall be held and applied exclusively for the
construction of said railroad above Des Moines as now
provided by law, and shall be conveyed and patented to L^to'seiect
said railroad company, or to such person or persons as 100,000 acres
they shall direct, only upon the completion of said rail- for r0ft J*
road into the town of Fort Dodge, situated on the east Lanfo and
side of the Des Moines river, within the year 1870, proceeds to
which said company agrees to do; and the evidence of be turned
such completion shall be the running of trains into said oyG l when
town within the time specified, and none of said lands p i e ted to Ft.
shall be patented until such completion, and the pro- Dodge, in
ceeds of any portion thereof sold under provisions of 1870.
existing law shall be at the same time paid over to said g„™ e d in
railroad company. The said railroad company shall 1868-69.
9



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66 TWELFTH GENERAL ASSEMBLY. [Oh. 57. 1868.

also have not less than sixty - five miles of said road from
their present terminus graded daring the present aud
the ensuing calendar year.

Fifth — That so soon as satisfactory evidence shall
be furnished to the Governor that all the claims herein
Governor to provided for have been settled and paid, or fully dis-
Compuay! charged, whether by the sale of the land, or by pay-
ments made by said railroad company, he shall execute
and deliver to the Des Moines Valley Railroad Com-
pany, or to their assigns, a deed or deeds in the name
of the State of Iowa, without warranty, for all the lands
embraced in the said act of Congress, approved July
Exceptions. 12, 1862, save and except the one hundred thonsand
acres hereinbefore reserved for the construction of said
road above the city of Des Moines to Fort Dodge ; and
except also any lands embraced in said grant which may
have been reserved by any act passed prior hereto by
the State of Iowa for the protection or benefit of settlers
or persons claiming homesteads thereon ; and the set-
tlement made and approved June 20th, 1866, by the
Census Board of the State of Iowa with the Des Moines
Be ith C D AMT ^ alle y Railroad Company, and the settlement with the
R. R. Co. and United States therein referred to, are hereby ratified
U. S. ratified, and confirmed.

Seo. 2. In case of non - compliance by said railroad
In case of company with the foregoing conditions by it to be
non-compli- performed, then, without further legislation, this act

forfeit bands' 8 ^ a ^ **ave fc ^ e * orce au( * e ^ ect °* an act °f resumption,
grant. and all rights of said company in and to said Lands or

any part thereof, heretofore or hereby granted to said
company, and not at the time of such failure actually
conveyed by the State to said company, shall be
forfeited to and revested in the State of Iowa, asfull[y]
as if the grant thereof had never been made by the
State.

Seo. 3. This act shall be accepted by the said rail-
road company, and evidenced by the signature of the
president and secretary of said company, with the
To be accept- corporate seal thereof, within thirty days from the
ed in 30 days, approval of this act, but the non-acceptance by the said
Des Moines Valley Kailroad Company of this act shall
not prevent all the foregoing provisions thereof from
having the same operation and effect as if the same
had been accepted by said company. The company
accepting the provisions of this act shall at all times
Restrictions ^e 8u ^j eet to 811C ^ ru l e8 > regulations, and rates of tariff
on tariffs. for transportation of freight and passengers as may



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Ch. 57, 58. 1868.] TWELFTH GENERAL ASSEMBLY. (57

from time to time be enacted by the General Assembly
of the State of Iowa.

Sec. 4. So much of section three of chapter one 1864, ch. 108.
hundred and eight, of the laws of the Tenth General
Assembly, and of other laws and provisions relating Law for grad-
thereto, including section five of said chapter, as in S *»?<** t>7
requires the lands hereinbefore referred to, or any era^Tpeaied
part thereof, to be classified or graded by commission-
ers, and all other acts and parts of acts inconsistent
with this act, are hereby repealed.

Seo. 5. This act shall be in force and have effect Takingeffect.
from and after its publication in the State Register and
Evening Statesman, papers published in Des Moines,
Iowa.

Approved March 31, 1868.

I hereby certify that the foregoing act was published in The
Jcwa Evening Statesman April 1, 1868, and in tbe Daily State
Register April 2, 1868.

ED WRIGHT, Secretary of State.



CHAPTEK 58.

LAJ*DS GRANTED TO THE M'GBEGOB A SIOUX OITY RAILWAY
COMPANY.

AN ACT Making a Grant of Land to the McGregor & Sioux City March 81.

Railway Company, or, in Case of tbeir Failure to accept the

same, to the Forty -Third Parallel Company, and to Exe-
cute the Trust conferred by Act of Congress entitled u An Act
for a Grant of Land to the State of Iowa, in Alternate Sec-
tions, to aid in the Construction of a Railroad in said State/'
approved May 12, 1864.



ant

from



Section 1. Be it enacted by the General Assembly
of the State of Iowa, That all the lands, rights, and Land-gn
privileges that are granted to the State of Iowa by an *£ r ]?
act of Congress, approved May 12, 1864, for the pur- o'BrieTL*
pose of aiding in the construction of a railroad from aHventoMcG.
point at or near the foot of Main street, South Mc- & 8- C. Rail-
Gregor, in said State, in a westerly direction, by the way °°"
most practicable route, at or near the forty - third par-
allel of north latitude, until it shall intersect the pro-
posed railroad running from Sioux City to the Minne-
sota State line, in the county of O'Brien, in said State
of Iowa, are hereby granted and conferred to and upon



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68



TWELFTH GENERAL ASSEMBLY. [Ch. 58. 1868.



tariff, &c.



Conditions.



the McGregor & Sioux City Railway Company, a cor-
poration organized under the laws of the State of Iowa:
Proviso: re- Provided, Said railroad company accepting the provis-
Jtriotions on [ ons f this act shall at all times be subject to such
rules, regulations, and rates of tariff for the transpor-
tation of freights and passengers, as may from time to
time be enacted and provided for by the General
Assembly of the State of Iowa, and further subject to
the conditions, limitations, restrictions, and provisions
contained in this act, and in the acts of Congress grant-
ing said lands to the State of Iowa.

Sso. 2. This grant is made upon the express con-
dition that said railway company shall have constructed
and in running order a lino of railway as required by
the provisions of the act of Congress making said grant
to the State, and of this act, upon the most practicable

Route. route, on or as near as practicable to the forty - third

parallel of north latitude, running within one mile of

Points. ftew Hampton, in Chickasaw county, and running

from thence by way of, and within one mile of, St.
Charles City, Mason City, and Algona, until it shall

Terminus, intersect, in the county of O'Brien, in thip State, the
proposed railroad running from Sioux City to the Min-
nesota State line.

§bo. 3, This grant is conferred on the McGregor &
Sioux City Railway Company on the further express
conditions that in case said company shall fail to have
its railway built and completed in good running order
as far west as to Chickasaw, in range fourteen, in Chick-
asaw county, by the first day of September, 1869; or in
case said company shall fail to build and complete in
good running order at least twenty miles in addition in
each and every year thereafter, and the whole of said
road by the first day of December, 1875; then, and in
case of any such failure, or on failure to comply with
any of the conditions of this act, the State of Iowa
may at any time resume all rights conferred by this
act, and resume all rights to the lands hereby granted,
and which may remain undisposed of to said company
on account of road actually built in compliance with
the terms of this act ; provided, that if in any one
year more road shall be built than is required by this
act, it shall be regarded and treated as road built in
the next succeeding year or years.

Sec. 4:. This railway shall be constructed upon the
usual gauge of other first-class railroads in this State,
and shall be constructed and finished in a style and of



Farther con-
ditions.



Road to
Chickasaw,
Sept. 1869.

20 miles a
year.

Whole road
in 1875.

State may re
Bume.



Proviso.



Construction.
Gauge.



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Ch. 58. 1868] TWELFTH GBNBRAX ASSEMBLY. gg

a quality equal to the average of other first-class
western railroads.

Seo. 5. The said company shall be entitled to the
benefit of the selections of land already made under Co. to have
the grant to the State of Iowa, of lands to aid in the {^lonB ^* 6 "
construction of a railroad from McGregor westward on rea dy made,
or near the forty- third parallel, approved May 12th,
1864; and the line located under said grant shall be
binding only so far as applicable to said selections.

Seo. 6. It is hereby made the duty of the Governor Duty of Gov-
when ten consecutive miles of railroad has been built ernor.
in accordance with the provisions of this act, to certify
that fact to the Secretary of the Interior, and so on for
each consecutive ten miles thereof, as the same shall
be completed, and whenever the said McGregor and Certify build-
Sioux City Railway Company shall have completed in tog of road,
good running order, according to the provisions of this
act, its railway to a point within one mile of St.
Charles City, in Floyd county, it shall be the duty
of the Governor of this State to cause patents to be
issued to said railway company for one hundred and
fifty sections of said land, and when the said railway
company shall in like manner have completed its rail-
way to thd east line of range twenty -two, in Cerro
Gordo county, then the said Governor shall cause
patents to be issued to said railway company for one Patents to is-
nundred and fifty sections of land ; and when the said sue.
railway company shall in like manner have completed
its railway to a point within one mile of Algona, in
Kossuth county, then the Governor shall cause pateuts
to be issued to said company for one hundred and fifty
sections more of said lands; and when the said railway Same,
company shall in like manner have completed its rail-
way to the Little Sioux river, then the said Governor
shall cause patents to be issued to said company for Same,
all the balance of the lands granted for that purpose ;
provided, that the said railway company shall not Proviso: co.
convey or ertcumber any of said lands prior to the not t0 en -
time it shall be entitled to patents therefor, as pi^ Store laoe**
vided in this act; and this act shall not be so construed of patents,
as to grant to said railway company, or any person or

Eersons whomsoever, any of said lands for any railroad .
eretofore built.

Seo. 7. All lands embraced in said grant which Settlers un-
were entered prior to January 1, 1866, under the <* er homest'd
homestead laws of the United States, shall be patented iselmay par-
by the Governor of this State to the parties by whom chase lands.



70 TWELFTH GENERAL ASSEMBLY. [Ch. 58. 1868.

the same were so entered, or to their heirs or grantees,
upon the payment by them into the State treasury,
within two years from the passage of this act, of the
price of such lands as homesteads under the laws of the
United States ; and the money so paid for such lands
shall be held for and paid over to said railway company
when such lands would have been earned by said com-
pany by the extension of said road as required in this
act.

Seo. 8. It is further expressly provided that if said
If McG. & S. McGregor and Sioux City Railway Company shall fail
C. Co. do not or refuse to accept of this grant upon the conditions
^ 5ce P t ». 4 ?? hereby imposed, and in time and manner as herein
may. * °" required, the Forty -Third Parallel Railway Company
may accept the grant within sixty days thereafter, and
shall thereby become substituted to all the rights and
subject to all the conditions hereinbefore mentioned, to
the same extent as if said Forty - Third Parallel Rail-
way Company had been mentioned in this act in the
place of the McGregor and Sioux City Railr0#d[wayj
Company, wherever the same occurs therein.

McG. & B. 0. ^eo. 9- The said McGregor and Sioux City Rail-
It Co. must way Company shall assent to and accept the provisions
accept in 30 t this act by a written instrument under the seal of
d * y8# « such corporation, with the signatures of the proper offir
cers, within sixty days after the passage of this act ^
which said acceptance shall be filed in the office of the
Secretary of State, and be by hira recorded in the book
by him kept for the recording of articles of association.
Partner con- And, as a further condition of this grant, and at the time
ditions. f the acceptance hereinbefore required, and as a part

thereof, the said McGregor and Sioux City Railway
Company shall procure and file with the Secretary
of State, a full, absolute, legal, and effectual waiver,
release, and surrender of all claim, right, or interest,
Co. must ob- or pretended claim, right, or interest ot the McGregor
tain release of Western Railr0arf[way] Company, its successors or
McG. W. Co. agB ig n8) j n or t an y f the lands granted to this State
by act of Congress approved May 12th, A. D. 1864,
which claim, right, or interest arises out of or is on
Ptotiso: ad- account of any railroad already constructed : provided,
ditionn grant. That if the Congress of the United States shall make
any additional grant ot laud to the State of Iowa, to
aid in the construction of a railroad from McGregor or
any intermediate point to a point in O'Brien county, and
the said McGregor and Sioux City Railway Company,
their successors or assigns, shall comply with all the
provisions of this act, and shall construct their railroad



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Ch. 58,59.1868.] TWELFTH GENERAL ASSEMBLY. 71

to O'Brien county, in the manner and 'time as provided
in this act, then this release shall not operate to deprive
said last named company, their successors or assigns,
of land in said contemplated additional grant for any
railroad constructed on said line between McGregor
and O'Brien county.

Sec. 10. This act, being deemed of immediate im-
portance, shall take effect and be in force from and Takingeffect
after its publication in the Daily State Register and
Iowa Evening Statesman.

Approved March 31, 1868.

1 hereby certify that the foregoing act was published in The Iowa
Evening Statesman April 2, 1868, and in the Daily State Register '

April 3, 1868.

ED WRIGHT, Secretary of State.



CHAPTEK 59.

KEFORM SCHOOL ESTABLISHED.

March 81.

AN ACT to Establish and Organize a State Reform School for ~~

Juvenile Offenders.

Section 1. Be it enacted by the General Assembly
of the State of loioa, That a j&eform School be estab- Reform Schl.
lished in this State for the reformation of such boys established,
and girls, under the age of eighteen years, who may be
committed to it as hereinafter provided.

Seo. 2. There shall be a board of trustees whose Bd. trustees
name and style shall be the Board of Trustees of the q^ *^^
Iowa Reform School, and shall consist of one person bj y /
from each congressional district, who shall be appointed Classification
by the General Assembly, and shall be classified so of do.
that two trustees shall go out of office every two years,
and for the purpose of determining such classification,
the persons appointed trustees shall meet and determine
by lot, in such manner as they may agree upon, the
term each shall hold his office. A certificate of such
classification, stating the term of office of each of said
trustees, shall be signed by the persons so appointed as
trustees, and filed with the Secretary of State, and by
him recorded. And thereafter the General Assembly, Term of of .
at every regular session, shall appoint two persons as flee.



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72



TWELFTH GENERAL ASSEMBLY. [Ch. 59. 1868.



Vacancies.



Oath.



Mileage.



Officers of
board.



trustees for the term of six years each, and until their
successors are appointed and .qualified. All vacancies
occurring in said board by death, resignation, or other-
wise, shall be filled by appointment by the Governor
of the State.

Sec. 3. Said trustees shall, before entering upon the
discharge of their duties, take and subscribe an oath or
affirmation to support the constitution of the United
States and of this State, and faithfully discharge the
duties required of them by law.

Seo. 4:. The members of said board shall receive no
compensation except the same mileage, going to and
returning from the place of meeting, as members of
the General Assembly, computed for the actual dis-
tance from their residence to the place of meeting.

Seo. 5. Said board of trustees shall, from their
board, appoint a president, secretary, and treasurer, and
shall take charge of the general interests of the insti-
Powersofthe tution ; shall have power to enact by-laws and rules
board. for the regulation of all its concerns, not inconsistent

with the constitution and laws of this State ; see that
its affairs are conducted in accordance with the require-
ments of law, and that strict discipline is maintained
therein ; provide employment and instruction for the
inmates ; appoint a superintendent, a steward, a teacher
Officers of or teachers, and such other officers as in their judgment
School. the wants of the institution may require, and prescribe

their duties ; exercise a vigilant supervision over the
institution, its officers and inmates; remove such offi-
cers at pleasure, appoint others in their stead, and
determine the salaries to be paid to the officers ; and



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