Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1882-03-30

| Vic Su'lCu totdttS, WilHOik "hiSi' ~
right Of the State to demand a remedy
could never have accrued, and in no
one IF which any blame can presum-
| ably attach to any Government official
first, the action sc the local Land Of
! flee; second, the issuing of the patent;
and third, the certfication of such issue
| to the State Register of Lands-and
| each one of those acts concludes ami
| determines upon the correctness of all
| behind it. A STATE court cannot revise
the act of the United States official;
| United States court cannot reach the
party doing the wrong, because there
| is no cause of action; the consideration
| for which the Government gave its
right to the land has been fully met
The State cannot prosecute the party
| for perjury, for its Jurisdiction over the
land did not exist at the time the act
| was committed. The jurisdiction of
the State over the land, and all mat
tiers arising thereupon is not complete
until the entry of those lands has been
certified to the Clerks Of the proper
counties and placed OH record by them.
| Out of all this ENHANCEMENT there
was but one way of deliverance, and
Congress wisely adopted that, aud by
| the act of February l7th, 1873, legalized
all entries under the Graduation and
| Homestead laws. Circular Number
| GA, issued from the General Land Of
flee, dated April 25th, 1878, after refer
ring to those cases in which residence
and cultivation had not been made,
uses the following language:
| "This office will accordingly issue the pat
ents as in ordinary cases on surrender of the
| duplicate receipts by the parties, if the en-
tries have been regular and unimpeached on
official records
1t will follow then that upon the is
! suing of the patent the lands would he
certified to the Register of Lands of
Jefferson City, and thence be certified
to the County Clerks of the proper
counties, and placed on record by them
for taxation, and so come unimpeacha-
ably under the land laws of the State.
1t is well known that Judge Dillon
questioned the propriety of the act of
Feb. II, 1873, but that eminent jurist
seems to have forgotten that Congress
had very good precedent for that act
in the action of the British Parliament
after the restoration of Charles II.
Whilst it dug up the dead boiy of
Oliver Cromwell and hung it in chains,
it confirmed his grants of land as the
only way out of an embarrassing con.
ditiOn of affairs.
Under the operation of the act of
Feb. II, 1873, all entries under the
Graduation and Homestea laws are
valid and the lands fairly subject to
the laws of the State. There is way
in which a temporary jog can arise in :
titles, by burning the county records.
That can be checkmated, however, by
an appeal to the office of the Register
of Lands at Jefferson City, which will
put man on the track of his title. |
All difficulty can be guarded against
by having his chain of title made of
record; and when a man leaves deed
for record, let him take the Recorders
receipt fully describing the paper. But
where county records have been burnt
the safest way out is to let the land
go to sale for the taxes, bid the full
amount of the taxes and costs, and z. t
the Sheriff's deed and put it on record
at once. That will straighten the rec
ord, for all our courts recognize the
validity of tax deed.
The writer does not belong to any
land company or collection of individ-
uals sp-cuating in lands in any way.
He stands for the interests of all South f,
east Missouri; and it has become neces-
an effort has been repeatedly made by
George A. Moser and u. s. District At
torney Bliss to get up a scare on the
subject of land titles. On the part of
Moser the motive is personal malice
against certain. parties, in the gratifica.
ton of which he has become nuisance
"a public enemy. In regard to Bliss
the motive cannot be clearly ascertained
until a spectrum analysis of his clarac-
ter as revealed by his acts shall show.
He alone can solve this problem, and
to him then is left it's solution. I'll
George A. Moser, of Ironton, and Dis
trict Attorney Bliss, of st. Louis, can
show a fraudulent land entry where
any law of the United States can raise
the title, if they fail to vindicate the
right of the United States to that la nd
they are guilty of perjury in violating
their Oaths of office. If they keep upa
disturbance on the subject of land ii
ties which they know cannot be dis
turbed, they are mischief-makers, do
ing great harm to the people who live
i'm this section. If they can raise one
fraudulent entry let them put it
through. Put up or shut up. Il. c.