Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-04-08


purchase and sale; in others, thu
Intervention of death or some chsny,
renders the correction impracticable O
entirely impossible. In the latter clss
OF cases, and where the error is not OBJ
served until after the conveyance Is &C
cepted, even II no adverse claim be mad,
10 the property involved, the fact that it.
title is defective and open to attack de-
preciates its market value and sometime.
efactuslly prevents its sale at q fair price
Defects IN the certificates ofacknowledge
msnt OF married women to coLveysucel
OF their separate property have 6
special force, since 1t is held II
these cases that where Ger,
tifcate is defective the title does moi
pass. Where the acknowledgement was
IN fact :sken as the Law directs, and the
defect is only that the certificate fails to
correctly show the fact, the courts sre
inclined to hold that some sort of 81
equity passes by the deed, which in some
way and under some circumstaL ces, nav
be availsble to the grantee, provided the
property has not passed into the posses.
sion OF an innocent purchaser not charge.
able with notice because Of the defective
certificate; but the courts of all the states
Where privy examination is required
with perhaps single exception, ere
agreed that where the certificate is de.
iectiYe, and the acknowledgement not
actually made In compliance with the
law, the deed is as worthless IS 8 piece
OF olank p:per, and does no. convey even
an equity.
An unfortunate feature OF this registrs.
ton business is that the confusion abou;
it is constantly increasing. TIE courts
as wlu as the legislatures Of more
than forty states and territories
have to deal with the subject, and
to the diversities Of legislation, are 3D.
ded the growing diyersiGies OF judicial
decision. Humanity is so constituted
that the courts must differ somewhat
even IN constituting the same statute and
the same language, but in these decisions
upon registration, much frequently turns
On the particular wording CT the statute
that IS being construed, and slight differ
ences in this respect, and their signif-
canoe as affecting the decision, do not
always appear on the face of the written
opinion. Hence GU. of the 10000 cases
tnat have accumulated on the subject Of
registration, conflicting and apparently
conflicting opinions can now be arrayed
on either side of almost every question
that can reasonably arise.
1t may be suggested that the remedy
for these evils would be by having Con-
gress enact uniform system Of registra-
zion laws for sill the states, Just SIS it has
enacted system OF naturalization laws,
and OF poslsl laws. To this course, hon.
ever, there are very grave objections OF 3
har NJ
the advantages would upquestionably be
in this particular instance, it is not yet
deemed expedient, by the Democratic
psrty, at least, to extend the powers of
The national government over matters of
this kind. The tendency Of this course,
it is claimed, is TO centralza all the
powers OF government in the federal
head, and to build up dangerously
strong National government, which bloEt-
cd with Vast revenues, and
welding gigantic power OF
Official patronage, shall become
8 source Ct oppression and finally iall u
Prey TO the corrupting influences that
have pre- vailed over the nations Of the
past. The writer, having been duly
rocked in Democratic cradle and i'm
bued from his youth up with the prinCi-
pies OF that party, is not disposed to con-
trovert the strong force CT these ohjac-
tions-the more SO, as they present al
most The only respectable political party
issue in all the domsin of our national pol
iticS. This question Of what pow
ers should be conferred on the
general government and what re-
served to the states, was the dominant
issue in the earliest constitutional conven-
ton OF the nation; the issue tbs. delSyed
the ratification Of the constitution until
the splendid lntellects of Hamil on and
JsY had prevailed over the objections of
the states-right men; the issue so ably
championed by Thomas Jefferson, who,
later On, rescued the government from
the monarchisl tendencies that tainted
even the beloved Washington; the Issue
that SO largely engaged the mightiest
powers OF Calhoun, Webster and
Clay, and on which the Democratic
party is sTrayed to-day, though no. with
an entirely uubrcken front, against the
Blair bill, which, like the Greeks bearing
gifts, presents itself 10 US with the in
sidious c fer Of national cid in favor OF
education.
We are not ready yet, however, to sur
render the Democratic doctrine Of the re-
served rights OF the states. Il is doc
trine scsIr d z little, it is true, by the
fortunes of wsr, aud somew at obscured
by the onward march OF practical events, !
and one that is oversh.dowed Just now bg |
the tariff question, that General Hancock !
so truly and unfortunately declared TO b. |
) local matter; this hateful tsTiH that is |
cut sordid conflict Of pecunisry inter
ests, snd involves the grand principles of |
government eomawhat as the amount Of |
odge dues involves the principles CT |
Fee Masonry; this distrscting tariff that |
.siseS cry wherever il strikes the |
patient, whether he "fseds his focks upon |
he G!smpisn hills" or tends his cane
lslds under the tropical suns Of Louisi-
'aa, Or in the ice-bound wastes OF
Jonnectinu5 cultivates the prolific and
fragrant wooden nutmeg-wherever il
Tits i'm he yeils and the voice of his
amentation is loud in the land; this
ilrty tariff that drsgs our statesmen
Town from the Hottest SUBMITS of i'm
,erisl thought, where they should essay
% bend the bow of Ulysses and send the
shining shafts OF intellect beyond even
he limits reached by q Ham
lton ard Jefferson, down into the
lust OF the arena, there to scratch and
light and squabble, and ask one of anoth.
IT, Chow much of & cut can you stand In
his tariff business?" Nsy, we are not