Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1882-05-04
NUMBER 40.
Upper-Walk wisdom.

4
In the REGISTER of the 9th ult. we
published an outline Of a letter by Hon.
l.. Fl. Davis on the subject of "the bit
lands" This letter is very important,
because of its subject involving as it
does considerable property, and be-
cause it claims to embody the views of
| the whole Missouri Congressional dele
cation, and of the United States au-
thorities in the Department of Public
Lands, and SO claims to be conclusive
on the question involved; and because
it asserts principles not hitherto known
to our jurispru ience, and which will
make wild work if recognized in our
courts.
According to the letter the Govern
ment officials only propose to inter-
meddle with two classes of lands, which
are specified. First, lands which it has
been attempted to convey by forged
titles from patentees. In regard to
these lands it is conceded that they
| were vested in the patentees, and that
the title of the Government to them
had been extinguished.
| Now, it will be difficult for the Gov
ernment to show how fraudulent
transfer of a lot or parcel of land from
one person to another, after the Gov
ernment title had been extinguished,
can revive the Government title to
that land, and authorize its recovery
to the control of the Land Department
so as to be sold again.
On this principle, if we buy horse
from. Mr.. Davis, and hold reoeipted
bill of sale describing the horse, guar
anteeing the title, and acknowledging
the receipt of the price asked, and that
horse is subsequently stolen from us,
and sold by the thief, and Mr.. Davis
Identifies the horse, and ascertains that
he was stolen from us, the fact that he
| was SO stolen from us makes Mr.. Davis
the owner of the horse, and he can sell
him again and give sound title.
In our land laws there are some
things Which are settled, and among
| these is the principle that the issue of
a patent for a lot of land by the Gov
ernment extinguishes it's title to that
/ land forever. ~ @-,2ia
The other class of lands is those re-
naming in the name Of the patentees,
unclaimed by them or their represen-
| tatives. 1t is admitted in respect to
| this class of lands, as in the former
case, that the title has passed from the
Government to the patentees.
The general statutes of the United
States authorizing the sale Of public
lands do not decree that unless a
patent for a lot of land is claimed by
the patentee within given time, the
land described therein shall escheat to
the general Government, and the
patent itself contains no notice to that
effect.
Furthermore, as soon as lot of land
has been patented to u party the Gov
ernment Land Office notifies the State
Register of Lands that, by patent of
a certain date, the title of the Govern
ment to certain lands has passed TO a
certain person.; the State Register of
Lands notifies the County Clerk of the
makes record of it for purposes of tax
alton. The title of the Government to
that laud is extinguished, and the con-
troll of the State over it set up fully. If,
then, from any cause that land es-
cheats, it escheats to the State and not
the general Government, which has
surrendered all claim to it and noti-
fed the State officials of the fact.
This leads to the remark that Mr..
Davis states that an opinion obtains in
the official circles at Washington, that
1.-The various county officials are hur-
rying them to sale under the delinquent
tax laws to defeat action of the Govern
ment.n This information probably
reached Washington from Ironton,
Mo-, as we have had good deal OF
the same kind of information circulate
ed here.
One question right here: How can
any action of a county official under a
State law defeat the action of the Gov
ernment, when it had, perhaps twen-
ty-five years ago, by its own voluntary
act, made of record, given a deed of
warranty to the land in dispute, and
had notified the State authorities that
it had transferred all its interest in
that land to certain person for VAL
liable consideration? Again, it is APP
parent that a county official cannot be
accused of hurrying these lands to sale,
unless the sale takes place before it il
authorized by the revenue laws of
Missouri.
Now, we challenge Investigation,
and claim that if county officials have
erred in any direction, it has been by
procrastiiiation
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