David Josiah Brewer

“ But, if no lack of good faith can be imputed to the state,-the party making the offer of settlement,-does it not follow necessarily that none can be imputed to the navigation company,-the party accepting the offer? for how can fraud be imputed to one who simply accepts terms of settlement voluntarily offered by another? ”

“ Even if this be regarded as a bill brought by the United States simply to protect its own interests and recover its own property, still it is well settled that, where relief can be granted only by setting aside a grant, a patent, or other evidence of title issued by the government in the orderly administration of the affairs of the land department, the evidence in support must be clear, strong, and satisfactory. Muniments of title issued by the government are not to be lightly destroyed. ”

“ With respect to the last two allegations it is not perceived how, if true, they can affect the title of the navigation company to lands deeded by the state to it in payment of work done. Surely the title to lands which the state conveyed at the inception of the undertaking, either for cash or for work done thereon, cannot fail because the state failed to complete the improvement. No land could have been sold if the purchaser's title had depended upon such a condition. ”

“ We should be closing our eyes to manifest facts if we did not perceive that the government was only a nominal party, whose aid was sought to destroy the title of the navigation company and its grantees, in order to enable the settlers to perfect their titles, initiated by settlement and occupancy ”

“ But this court sustained the decision of the supreme court of Iowa, and ruled that the reservation from sale made by the land department was not terminated by the resolution of 1861, but continued in force until the act of 1862.
Such have been the decisions of the court in respect to this grant and titles; decisions running through 25 years, all affirming the same thing, and all without dissent. It would seem, if the decisions of this court amount to anything, that the title of the navigation company to these lands was impregnable. ”

“ In that case it was held that, even in the absence of a command to that effect in the statute, it was the duty of the officers of the land department, immediately upon a grant being made by congress, to reserve from settlement and sale the lands within the grant; and that, if there was a dispute as to its extent, it was the duty to reserve all lands which, upon either construction, might become necessary to make good the purposes of the grant. This ruling as to the power and duty of the officers of the land department has since been followed in many cases. ”

“ By the constitution of Iowa, under which the state was admitted, this grant was appropriated to the use of common schools, (Const. Iowa 1846, art. 9, 'School Funds and Schools,' § 3,) and this appropriation was assented to by congress by a special act, (9 St. 349.) On July 20, 1850, the agent of the state having charge of the school lands selected the particular tract in controversy as a part of this school grant; and thereafter, and in 1853, the appropriate proceedings being had, a patent was issued by the state to Wolsey. ”

“ On the second trial the plaintiff requested the following instruction: 'The plaintiff in this action claims title to the lands described in his petition under conveyances from the grantees of the Des Moines Navigation and Railroad Company; and the defendant, as one ground of his defense, alleges that he has been in the continuous occupation and possession of said land for ten years prior to the commencement of this action, and that by reason of such occupation and possession his title is superior and paramount to that of the plaintiff ”

“ And be it further enacted that the lands hereby granted shall not be conveyed or disposed of by said territory, nor by the state to be formed out of the same, except as said improvements shall progress ”