Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-02-16
House Bill No. 299 concerning personal
representative was laid on the table.
Limitatioa or sssiss Ssr Recovery or

suits should be brought, and insert five
years.
Mr.. Moffett hoped the amendment would
pass. The land titles of the State were the
worst draw back to our prosperity. and
permitted a system of blackmail which had
30 long been successfully employed.
Mr.. Cresap main tanned the same views,
and cited numerous instances in which
men had been harrassed and ruined.
MIR. Monroe called attention to the fact
tn at the act must apply only after its pass
age.
Mr.. Holt earnestly advocated the adop-
ton OF the amendment; while he was will.
ing TO concede that the amendment would
not effect the suits already brought, yet ii
would have the effect of compelling those
who are now holding
Bogus Land Claims
"a terror7tm over the people, with view OF
blackmailing them, to come forward and
assert their pretended claims within the
limit prescribed in the proposed amend.
ment, or ever afterward hold their peace.
His section OF the State was cursed by these
Land claims. The county Of Lincoln, which
he had the honor to represent, was, to-day,
twenty-five years behind what it would
have been but forithese land claims, with
all the natural elements of wealth and pros
yet LIS was
paralyzed by these infamous claims, and
its progress very much retarded. 1t was a
mistake, as asserted by the gentleman from
kanawha, that all these suits had been
brought. There never would be stop to
1t until the law was introduced for the pro-
lection Eof the people, and hoped the
amendmentwouldb be adopted.
Mr.. Poe insisted that something should
be done for the protection of the people Of
the State, the actual settlers who had
bought their lands in good faith and paid
for them in the
Sweat OF Their Brows.
who had cleared their farms, made their
roads, built their school houses and paid
their share of the expenses of the State
and local government. There were thou
sands of old land claims which had never
been heard of until about 1869 when they
were placed in the land books, in many
cases only for the purpose of blackmailing
the settlers. They would go TO Clarksburg
and bring their suits in the Federal Courts,
and then propose to give the settlers quit
claim deeds for certain amount of money.
He knew the present act could not affect
suits now pending. Every acre OF ground
he owned was now in litigation, parties
claiming under these old grants and he
was fighting and got his neighbors to fight
them, and the parties claiming the lands
had offered to give him clear deed il he
would stop talking or working in the de-
fense This was only one case. In many
counties the land was covered three feet
deep with these bogus titles, and he pro-
posed
To Fight Them
and have the matter settled. 1t prevented
immigration and drove settlers out of the
State, and the Legislature ought to do
something to protect the people from these
land sharks.
Mr., Moffet confirmed what Mr.. Poe said
with reference to land grabbers coming into
his county to steal lands from bona tde
settlers. To-day old Ben Butler, OF New
Orleans and "silver spoon" notOriety, was
now in his county (Pocohontas) with sur
veyors running out an old survey which
had never been on the land books of the
county, and perhaps had been on the books
of West Augusta seventy-fve or one hund-
red wears ago. In answer to 4 question OF
Judge Ferguson, he said that Butler and
party did not expect to recover under their
claim, but the object of all these land
sharks was to
BIackmaiI the Citizens
OF this State. Rather than to be subjected
to costs and annoyances many people would
submit to be blackmailed, and il was our
9Tss .sss5sp roT roas fSsait ffnf fef Us sup. sup
port it, He was being terribly earnest
about this matter, and hoped to see this
House in earnest. His constituency were
in earnest, and every principle OF right and
Justice appealed to the carnestness OF every
mans nature. Our State was suffering
from the unsettled condition OF It's lana
titles, the people were suffering from Sys-
tenn OF blaCkmailing, and shall we refuse 70
grant such relief as is in our power AT
tie proper time he would introduce
measure to make it
APenaH OGense
for any individual, either as principal.
agent or attorney to handle these hctihous
land claims, or TO revive an old claim Tor the
purposes of blaCkmailing The member
from Upshur had said this class OF cases
demanded strong measures. SO 1t did. IL
required heroic treatment. he was I'M
pressed with the earnest appeal and decla-
rations OF the Upshur county member.
ANYBODY who knew David Poe, knew him
m be brave honest man, who had scorned
offers of bribery from land grabbers, had
cast his fortune in with his neighbors, ana
was fighting them to the bitter end. lie
remembered a scene, twenty years ago,
when
David Poe Was the Hero
of the battle of Allegheny Mountain. I'M
der the murderous fire and and over
yhelming number of the foe his comrades
were falling back, when David Poe's strong
voice rang out, clear above the battle din.
calling out: ''Stand fast, men; stand fast
We will whip them yet" Encouraged by
his heroic conduct his comrades did rally 10
the charge, and the enemy were whipped.
So, he appealed TO the members oil the
House TO heed the earnest voice OF David
Poe Stand fast, and We will whip these
land grabbers out OF the State.
Mr.. Ferguson called attention to the TACT
that no legislation could affect pending
suits nor the rights of the parties 10
enter them, and cited the several acts Oh
the Virginia Legislature, showing that no
act couid take away the rights Of claimants,
and all that could be done was to limit the
time in which suits shall hereafter be
brought. but the limitation under such
suits must be decided was fixed by law as
il was prior to the passage Of the act. he
was willing to do all possible to protect the
people, btt unless the present amendment
was corrected, il would be useless, rs II
was settled by the courts that it was uncon'
stitutional.
The amendment was adopted by vote ol
46 to 10.
Mr.. Wilson offered the following amend
ment: Provided, That in all actions not
now pending, when such actions are not
barred, may be brought in one year from the
passage OF this act. Adopted.
Minor Matters
Considerable discussion then occurred on
the amendment of Mr.. Hubbard TO prevent
actions in Courts OF Equity being bound by
the statute Of limitation, M5. Ferguson
opposing and Messrs. Hubbard and Nor
row fayorine the amendment The discus
sion, while confined exclusively to lega
questions, was exceedingly interesting, ant
at times sharp and somewhat sarcastic pe'
altogether was the finest exhibition oil ciose
and legal argument TO which the House IA:
vet listened. The amendment was finally
adopted. IL,
MI. Mcneil moved that vote by which
Senate Bill No. 20S was passed be reconsid
cred.
The Chair ruled that the motion cam