The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1869-05-19

Ways TO pc unQ6EHLOVN tuNt tue survey
upon which this grant is founded in
| cludes 227. AGO acres, exclusive of the
labove Quantity of 200 600 acres, all of
1 which having @ preference by law to
the warrants and rights upon which
this grant is founded, liberty Is reserved
that the same shall be Fr9l and UdLid,
| Ind n1dv be carried into grant or grants,
and his grant shall be no bar in either
lar OF. equity to the confirmation Of the
tnIe on. titles to the same, as before men,
| toned and reserved, with its appurten.
ances." The then existing rights OF
"prior claimants" or chalmers of un-
patented lands" had preference by
| virtue of previous acts OF the LegislR-
| ture in their behalf.
Does the language of this Reservation
apply to and Include the 1880 acres
claimed by Morrill,, which had been
patented TO GGLlGtil, and so actually
carried into grant ten gears before, and
thereby investing Galiatln with the ab-
;soIute fee simple, good against all, in
! Guiding the State, except only her right
| to tax as she taxed other people, lands,
and to forfeit for non-paYment of such
taxesP What reason or sense for the
States deserving liberty shat Galatians
patent0rGnted 10 gears before, should
/ be firm and valid, !" "npGy be carried into
or6nt" 1Chen he had had the grant or
patent in his pocket for 10 gears? or that
the grant to Hopkins "ShouLd be 40 bar
in either LdtV or equity to the c01ltirU0-
ton or such grant TO GdLtGtIn? Suppose
Gallatin had happened in the Govern
or's office with his patent 10 years old
| in his pocket, and the Governor had
| called his attention 10 the reservation
he was about to insert in the patent to
Hopkins, which the present incumbent
saws was for Gallatin's benefit and pro-
tection-what think you Gallatin would
have said? think he would have re-
- I u
ed-"Well Governor, Il think you had
better further reserve in my favor in
the patent you are about to grant friend
Northumberland that no rain shall
fall upon, nor the birds of Heaven fly
over, my fifteen hundred acre tract J"
Besides, II it could be supposed the Of
ficers were such fools as to have so in.
tended, tie reservation would be alb.
solutely void in law, so far as Gallatin
was conference.-the being as much a
stranger to the State as any other person
holding lands therein in fee simple.
But when the language OF the reserva-
ton is applied to lands held by incho.
ate equitable titles, as the titles OF
"clRims to unpatented lands, or "prior
claimants" every word is pertinent
and absolutely essential, for without
1t the State would have transferred the
legal title, (Which passes only by pat.
emf or grant. to one, when in equity
anu JuStlC6 IL DelOukS " dhOlhols 4AC
latter Interpretation is the one given to
the reservation by Judge Brocken~
brouGh, while the former is the inter
probation given to the same reservation
by the present incumbent, in the trial
of the Morrill, case.
Hopkins found the 227 400 acres with
in his boundaries, held by those tncho-
ate equitable titles, which the owners
or their assigns, afterwards carried in
to grant and now hold. These lands
neither Hopkins nor his assigns have
ever claimed. But to his disappo1nt-
ment he found nearly all the 1000
acres he had purchased and paid for,
covered by patents older than his; nor
did he, or his successor Watson, regard
their title, being merely colorado, OF
much valne, until the Legislature re-.
cognizing: the fact the State had
granted the same lands to different per
sons, passed the act in 1927 and subse.
quent Acts, torfeiting the titles b cid by
older patentees for non-payment OF
taxes, and giving them to the holders
of junior grants, who should have paid
their taxes and put settlers on the lands
Watson who had purchased OF Hopkins
with General J. }. Jackson, of Parkers-
burg, for his legal adviser, recorded his
deed in 1927, and in that year COM
menced to settle the tracts held by pat
ents senior to his, but which his cover
ed and was junior to, as he supposed,
with view, to obtain something from
this source, in case the older titles
had settled 10 families, equal to 500
or 900 persons, who commenced In
the wilderness the building up Of
jackson county TO what II Is; and
in 1884 settled and paid all tax
es due, and property ohargeable
upon his 100000 acres, and he, his
heirs. lessees and assigns have continu-
ed to occupy and pay all taxes up TO
the present day, though he, his heirs
and assigns have not as yet been able
to obtain through forfeitures and in.
uring of older titles, or otherwise,
chased and paid for, and for which
they have always paid taxes. notwith-
standing the present incumbent on his
instruction to the jury assumed-con-
trary to evidence-to tell them Hop
kins, and those claiming under him,
or for which they were chargeable with
taxes. Morrill,, and those he claims
under, have never to this day i'm
proved a foot or settled person, nor
WAS there cent of taxes paid on their |
title by any one previous to 1915, when |
they pretended to redeem-59 years
after the patent issued to Gallatin; 8
years after Its absolute forfeiture, and
inuring, as we say, to Watson, and Is
years after Watson had been in the &C.
tual possession and settled and built
up the county. Thus stood the parties |
upon the evidence. The defendants, of
course, excepted to this ruling of the
judge, as we'll as his ruling on other |
points, and have appealed to the Su-
preme Court at Washington. where
they and their counsel have full conf |
denCe his rulings will be reversed, I'M
less the "rings" shall get possession of
that Court also. They, nor the people
of Jackson county, have any apprehen-
sion, 1 think, that either Morrill, or his
associates will get any land in that
county, unless they shall purchase and
pay its full value. The other suits of
Morrill, stand. continued until the
Court above shall have settled the
questions of law. To many OF these
the defendants have additional grounds
of defence.
Averse as I am to saying anything
through tho press relative to matters
duty 1t is to Investigate and decide, l
cannot refrain from stating the forego-
ing facts, of nearly all of which have
personal knowledge, and disabusing
the public mind to some extent, L hope,
on q subject In relation to which there
appears to be in certain quarters a
studied purpose to deceive and mis-
represent.
may at another time say more in re-
lation to the present incumbent, the
way he conducts his Courts, and forms,
l had almost said "packs," his juries.
The law passed by Congress in 1880 (see
Brightly, Dig, p. 1914, sec. ICY, when
viewed in connection with the present
in this State, would seem to show
Dalnahla 6israoard Of law in This re-