Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1880-12-02

was Cd, but where the law said four
toeekS it meant four full weeks, and
when it says four weeks now it will
still mean four full weeks. If the of.
fetal publication OF the last list had
been given to the HERALD at the TING
we offered to do it, the first puolioa.
ton would have been made Tuesday
aud the succeeding publications on
Thursdays of the following weeks.
Under this Law that would have been
legal. The Wjtness's quotation of
the law is garbed. 1t is only part of
the section and rot strictly correct.
The conclusion CT the section is:
1.-THE same shall be as lawful publication
thereof, and as full compliance with the or
der of such court or officer as if the same HAD
been printed and published on the same day
of each such week.
The intent of the law was to permit
weekly newspapers to print legal ad-
vertisements on Sunday, or, while
they are running, to change the day
of publication, if desired, which fire.
qaently happens when mail arrange
ments are changed. 1t has not the
slightest effect on the law and decis-
ion that "four weeks" means four full
weeks Of time.
Much stress is put upon the law
that, CATER the expiration of three
years from the date of recording, the
decd itself shall be conclusive eyi.
dence ofthe existence and legality of
all proceedings, "etc. The deed could
not be had until three years after the
sale, and then three years more
makes. at the feast, six years the
county would be nsoIossly required to
pay interest on the amount involved
this error. This is the very hest
phase of the case, and We submit,
whether it would be good steward
ship to let the interests OF the county
be thus suspended
But, that majority report and the
CIV eakness's" repetition of it both
"call attention to the fact that no GER
titicate is issued that is not liable 10
be set aside for defects in the pro-
csedings prior thereto" What more
are we contending for ? This is a
confession of the whole case. If eno
certificate is issued that is not liable
to be set aside for defects in the pro-
ceedings prior thereto" then every
certificate given on the last sale is Ii
able to be set aside, for with every
one of them there was a defect in the
proceedings prior thereto.
We are told that prominent gen.
tlemen, lawyers among them, who
hold some of the certificates of the
last sale, declare that the Board had
no authority to make the ORDER"
Will the Witness please name one
'1awyer among them" The Board
not only has the Authority, but as will
be seen by reference to Col. Clark's
report, the statute makes it their OBJ.
ligatery duty. Let us see if it does.
MT. The majority report to the
Board admitted that "the publication
was not made the full IS days bl
lar required" The Board adopted
this report. Now, section 1884, Re.
vised Statutes, emitting superfuous
words, reads thus:
I If it shall be discovered that
the sale or the certificate issued thereon was
J invalid, he county Board SHALL make an
order, briefly stating the reason therefor, d.
rscting that the money be refund.
ed with interest, etc.
Section 1856 provides that after
making such an order, il the lands
were justly taxable the Board "shs Il
tx the amount" etc, "snd direct the
same to be assesse d." etc. Shall ID
the word. The Board has no option.
The law makes it their oath bound
duty to "make the order" ANY man
holding one of those certificates if he
were so disposed could go to court
and obtain a msndamus compelling
the Board TO make the order, and on
refusal the court would send the
"Bcard' TO board over At Streeter's
until 1t complied. This is going o
good way with the point, but it is the
fact, nevertheless, and the law is Just
that simple and plain. In the face OF
it we sgain ask the weakness" for
its "lswyer among them"
Grant county is not alone in this
difficulty. The sA!a Tor the deliu.
quent lands of 1879 in Milwaukee
county are in the same fix We have
had correspondence with lawyers aud
editors there and the response from
all is that the certificates are uni.
versally regarded as illegal and not
binding except as against the county
True, they care very little about it.
But, sgain We say, that is not the
point. Ii ia a small matter to indi-
yi3Gs's, bu, to the county it may be
considerable before il is through with
-, an1 il the county's servants do not
correct the error, then what?