The Lumber Industry, Parts 2-3

Front Cover
U.S. Government Printing Office, 1914

From inside the book

Contents

Other editions - View all

Common terms and phrases

Popular passages

Page 206 - That the proceeds of said lands, whether from sale or by direct appropriation in kind, shall be applied, exclusively, as far as necessary, to the purpose of reclaiming said lands by means of the levees and drains aforesaid.
Page 205 - Upon further consideration of the whole subject, we are convinced that the suggestion then made, that the application of the proceeds of these lands to the purposes of the grant rests upon the good faith of the State, and that the State may exercise its discretion as to the disposal of them, is the only correct view. It is a matter between two sovereign powers, and one which private parties cannot bring into discussion.
Page 204 - It is very questionable whether the security for the application of the proceeds thus pointed out does not rest upon the good faith of the State, and whether the State may not exercise its discretion in that behalf without being liable to be called to account, and without affecting the titles to the lands disposed of. At all events, it would seem that Congress alone has the power to enforce the conditions of the grant, either by a revocation thereof, or other suitable action, in a clear case of violation...
Page 205 - ... health by systems of drainage and embankment, are far more deeply interested in having the disposal and management of them. For these reasons, it was a wise measure on the part of Congress to cede these lands to the States in which they lay, subject to the disposal of their respective" Legislatures; and, although it is specially provided that the proceeds of such lands shall be applied, 'as far as necessary...
Page 204 - The proviso of the second section of the act of Congress declared that the proceeds of the lands, whether from sale or direct appropriation in kind, should be applied exclusively, as far as necessary, to these purposes.
Page 206 - ... conveyed to the State as an absolute gift, with a direction that their proceeds shall be applied exclusively, as far as necessary, to the purpose of reclaiming the lands. The judgment of the State as to the necessity is paramount, and any application of the proceeds by the State to any other object is to be taken as the declaration of its judgment that the application of the proceeds to the reclamation of the lands is not necessary.
Page 112 - The company's agent presented the applications to the register and receiver in blocks of as many as twenty-five at one time; paid the fees; had the proper notices published; hired men to make the proofs; paid for the lands and received the duplicate receipts; yet the register and receiver and some of the special agents appear to have been the only persons in the vicinity who were ignorant of the frauds.
Page 112 - Sailors were caught while in port and hurried into a saloon or to a certain notary public's office and induced to sign applications and convey the lands to a member of the firm. Farmers were stopped on their way to their homes, and merchants were called from their counters and persuaded to allow their names to be used to obtain title to the lands. The company's agent presented the applications to the...
Page 204 - It was also said, of the act of 1850, that by it the lands " were granted to the several States in which they lie for a purpose expressed on the face of the act ; and that purpose was 'to enable the State to construct the necessary levees and drains to reclaim them.
Page 206 - By the 2d section of the act of 1855, it is provided that the purchase money received bv the United States for the swamp lands sold by them shall be" paid over to the State. There is nothing in these provisions of the character of a property trust, and nothing to prevent the application by the State of the swamp-land fund to general purposes. If the power exists anywhere to enforce any provisions attached to the grant, it resides in Congress and not in the court.

Bibliographic information