38 Iowa 208 | Iowa | 1874
At the passage of this act no right of the defendant under the railroad grant had attached to these lands. The line or
The power to sell the lands and devote the proceeds to. their reclamation, or to appropriate the lands in kind for that object is fully given to the State. By the act of the General Assembly of January 13th, 1853, the State in the exercise of this power “ appropriated the land in kind ” to the respective counties of the State “ for the purpose of constructing the necessary levees and drains to reclaim the same,” and requiring that they should be first devoted to this purpose. Thus the State, by these instrumentalities, executes the trust confided to it by the act of Congress, in a manner fully authorized by that act. The judgment of the District Court will be
Affirmed.