The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1879-12-04
LAND PORGE.IEs.

The developments OF the past few
years have demonstrated the facility
with which, under oLr registration
lave, titles can be forged and the diff
Guilty, if not almost possibility, OF
detection in uumberless instances. The
legislative committee lately in session
in this city, in their report gave a long
list of forged land Ii p, and at the
same time declare that the list en-
braces only those cases where the fraud
has been iu'iy eX PRESSED, LEAVING out
doubtful IN tinces where the proof Is
no. p. sitiye. How many ether t.t'es
hage been tempered with time On!y csn
determine. Bat the trouble is there il
nothirg to prevent other prrsoEs from
engaging in the SINE business so sue
ceIsiuily followed by HIM Tu,lis
& ca. The same opportunities
are open. There are thousands of un-
claimed ceTtiGc4;es in the l. .ud Office
and rpm5erlts9 traits of land in The
Stue unclaimed aud whose owners are
des5 or unknown end who haYe left 10
known heirs CT legal representatives.
Tee title to these lands should long
since have been vested ia ti.e ete un-
der the Statute Of Es .hea's. Ulfor-
tunately no provision is nude in that
statute fer conpensati n of fficcls,
hence 1t has never been enforced ex-
ccpt in rare instances. II the lands
assessed yesr after year to "aL known"
persons had been escheatei to the State
and cold and the proceeds of such sale
deposited in the State Treasury, sub
ject to the claims OF lawful cwncIs, one
nvcnue, Iow consp;cuonsly ore1 to
fraud, would have been closed and q
large sum accumulated in The S ate
Treasury, which could bavs been H.
vestt d il. S:atc securities. ''An ounce
pf prevention is worth pound of
cure" H,p, Tu!Iis 81 Co. dealt
10 lands and iand certificates
unclaimed for years. A vigorous
prosecution of the laS eecheat-
ing property, personal and real,
would have deprived the fOrger's now
at Huntsville of the opportunity to
commit the crimes for which they were
convicted, and saved the State the
large sums spent in their detection and
prosecution.
The facility and impGniiy with
which land frauds can be committed,
and ali evidence of the chine de-
stroyed, is another evil which could
be remedied by proper legislation. 1t
has been suggested thst if deeds and
other instruments affecting real prop
erty were retained in the custody of the
recorder, as ID France end also in Lou
isiana, In the keeping Of notarie9, the
danger of detection by reference to
originals would always remein. Tae
objection urged against this plau Is The
fact that comparatively few county
clerks who have charge Of the records
are provided with fire-p7onf vsu'is in
which mag be kept all muaiments of
title. 1t seems to Us, ia view of the
great loss which has been sustained by
iDcendiary fires, that clerks and other
custodisns of records should be sup
and tiatt the C county c6ufffta 6uffa 81 6aF yaate,
sioners should be compelled to furnish
them. The expense would be incOn-
siderable, and one incentive to incen-
diarism removed. L. has also been sug-
gested, by GsYernor Roberts we be-
lieve, that papers affecting realty, after
being recorded, should be forwarded
to the Land Office for safe-keeping,
where they would be sutject to inspec-
tion by interested parties, and in case
of destruction by fire of the county
recor Is they could again be obtained
and re recorded.
That something should be done to
protect the people in their titles to llnd
is imperatlvely necessary. E ldless lit
igstion, annoyance ami less can be
avoided in the fu ure, as we'll as for
gerry prevented, by radical change ip
our laws in reference to the ackuowl-
edgement, registratior, recording and
custody of deeds snd vigorous enforce
ment of the law of escheats. The dis
cussion Of theae matters in another
place by Col. Stands, of this city, who
should draw up statute on the sub
ject, provoked this approval of Ills sug-
gestions.