The weekly north Iowa times. [volume] (McGregor, Iowa) 1857-1867, 1860-08-01
The Title Question

The Title Question
Col. Richardson AS the McCregor Press.
in referring to the cent decree in the case of
James McGregor, jr, rs. Ann G. McGregor ct
al has, in one or two of its recent issues,
made statements editoraly about the condition
of the title to the lands SO long in dispute en-
bracing the Town Plat and vicinity, we'll cal
culated to deceive and mislead the settlers up
on and occupants of lands, and also affect the
interests and do injustice to the heirs and repre-
sentatives of Alexander McGregor dece ,sed,
as well as Mrs. Ann G. McGregor, / beg leave
to avail myself of space in your columns to
correct any false impressions which may have
gone abroad in consequence of the er fdrte
statements of the Press.
The Press of July 18th in an article under
the editorial head referring to an advertisement
which it contained in regard to the aforesaid
property, stated, that "the long vexed question
Of title here was at length definitely settled"
Soon after the paper was issued my attention
was called to the advertisement and editorial
comments aforesaid. Placing the most liberal
and charitable construction upon the matter
that it would admit of, concluded that the said
editorial was based upon statements made by
p,rties interested, and the Editors of the Press
without designing to do injustice to any one.
had written the article under false impressions,
and that whenever their attention should be
called to the true state of the case and the facts
put in their possession they would make the
proper correction. Under this impression
called upon Mr.. Tompkins, the Senior editor of
the Press, and asked him whether he was con-
yersant with all the facts connected with the
litigation affecting the title to the property in
McGregor. He stated in reply that he was not
then said to him that did not know whether
he had made the statements in the aforesaid
editorial upon information derived from parties
concerned and interested in the DISPUTE. or
whether from thorough personal investigation
of the matters and facts connected with the
litigation involving the title to the lands in
question, he had come to conclusion which led
him to pronounce his dicta, and unquaifiedly
assert that the 'stitle had been definitely set
tied" He replied that he knew nothing of the
facts in the case, and made his statements upon
information derived from parties interested, and
supposed at the time that it was correct l
then told him the statements were not correct
and for that reason, thought his article did
injustice to other parties concerned. To this
he replied that "he did not design to do any
party injustice and that if he had done 10, he
would make the necessary correction upon be-
ing placed in possession of the facts in the case
then asked him to state the facts that the orr.
ginal suit brought by Ann G. McGregor Ct al.
against James McGregor jr. involving the
question of the investment by the said James
McGregor jr. in the property here Of trust
fund received by him for the benefit of Ann G.
McGregor and her children was still pending
and undecided in the court Of Appeals in the
State of New York, and that there was also
suit pending and undetermined in the District
Court Of the United States in Iowa on Title
Bond executed by the said James McGreyorIr
to Ann G. McGregor Goth suits involving the
title to the lands so long in dispute and thus let
the people see and judge for themselves wheth-
err the title was definitely settled or not-this
he said he would do in his next issue. But in
stead Of doing SO it will be seen by referring to
his editorial remarks in the Press of the 24th
inst, that instead of giving the facts as above
detailed which would have shown to every
one interested that the title was still unsettled
and in dispute-he repeated his opinion as to
the force and effect Of the decree referred to in
the previous article, and that the title was f.
nally settled. But while thus pronouncing
judgment ina case of such great Importance
not only to the parties claiming the property
but also to every settler in McGregor. he endea-
vors to make show Of fairness by stating "that
We do not intend to do injustice to any one and
our paperis open to everybody Now have
no objection to full and fair statement of the
facts in the case by the papers in Nc iregor or
elsewhere but, decidedly object to Mr.. Tomp.
kins' assumption Of judicial powers, and to his
pronouncing judgment in matter involving
such weighty interests, and especially when he
has no better reason for so doing, than the
or bonus received for an adver-
tIsement and "puff." As public journalist
it was Mr.. Tompkins right and duty perhaps,
to announce the fact that a decree had been
finally entered in the case of James McGregor
Jr. us Ann G. McGregor ct. al; but when he
takes it upon himself to state that the title 20
the property in dispute is finally and definitely
settled, hels assuming power that belongs
courts Of s t agd Ehts9 es fla big
nOunces that decision, he is going much farther
than courts of justice claim to have the right
to So-for judge cannot render decision and
judgment in a case before he has
made full and thorough investigation of the
facts in the case.
lie says his paper is open to everybody
why then did he fail to give the facts which |
placed in his possession, after agreeing to do
50. and thus correct the false impression which
he had made upon the minds of the residents of
McGreGor. in regard to the matter He says
that he does not intend to do injustice to any
one why then does lie reiterate his statement
in regard to the final settlement of the title
here after being placed in possession of facts
showing that the title is still in dispute and un-
settled, and at the same time, Withhold those
facts after promising to publish them. This
second article shows conclusively that his design
and sett ed purpose is to mislead and deceive
the occupants OF these lands, if he can make it
pay. TO use his own language, he "neither
orns nor claims any real estate in McGrcgor, I"
therefore, the injury which may result to the
settlers in consequence of his false statements.
cannot affect him. But perhaps am doing in
justice to MIR. Tompkins, in attributing to him
mercenary motives in writing the articles re-.
ferred to. 1t may be that a gentleman who is
SO obtuse that he Cannot as he says in his second
article, "see the point" after the facts are in
his possession, is not actuated by motives of
personal interest, but blunders away through
sheer ignorance and not wishing to be unchar-
liable, am willing to concedc that the man
who cannot see the difference between decree
deciding the issues in one case and a final and
definite settlement OF the title to property,
when three suits affecting the title thereto, in
volving separate and distinct issues have been
pending, and only one of them determined, is
acting through ignorance, and not from inter.
ested or malicious motives. But notwithstand-
ing Mr.. TOmpkins cannot "sEE THE PoINr. ~
believe the people of McGregor will see at
glance, that although final decree has been
entered in one case, the Title to the property
il not definitely settled, when two other suits
involving the title thereto, are pending and un.
decided. would therefore advise the settlers
that the title is not settled and that it will be
time enough for them to settle with parties
claiming the Land here, when there is no longer
any litigation affecting the title thereto.
GLORGE d. GARDNER
- ~ ----- 1872
Our Chicago Letter.