Page:Speeches, correspondence and political papers of Carl Schurz, Volume 4.djvu/204

170 Chandler, on August 31, 1876. They had also been covered by a decision of the United States Circuit Court for the eighth circuit, Judge Dillon presiding, as follows:

“The title to the tract of land in controversy in this suit was, by the Act of 1856, vested in the State of Iowa. The tract in question was within the terms of the Act of 1856, and when it was selected and the selection approved and certified by the Commissioner of the General Land Office, the title became perfect in the State. Every act had then been performed necessary to make the title of the State complete.” (Duray vs. Hallenbeck.)

The Act of 1856 was an act granting land to the State of Iowa to aid in the construction of the Missouri and Mississippi Railroad (now the Chicago, Rock Island and Pacific Railroad Company). As you know, land grants for the benefit of railroads were at that time made to the States wherein the roads were to be built, the lands to be transferred by the States to the companies. In the original granting act here referred to, as well as the act amendatory thereof, it was expressly and specifically provided that complete legal title should be conveyed to the State and the company by certified lists, and in no other way. Moreover, the conveyance of title by certification was provided for by a general statute enacted in 1854, being now Section 2449 of the Revised Statutes. It is as follows:

Where lands have been or may hereafter be granted by any law of Congress to any one of the several States or Territories, and where such law does not convey the fee simple title of the lands, or require patents to be issued therefor, the lists of such lands which have been or may hereafter be certified by the Commissioner of the General Land Office, under the seal of his office, either as originals or copies of the originals or records, shall be regarded as conveying the fee simple of all the lands embraced in such lists,