Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-03-13
ALIEN VENDORS TO THE DISTRICT

OFFICE or THE ATTORNEY or THE
DISTRICT OF COLUMBIA, March II, 1889,

OFFICE or THE ATTORNEY or THE
DISTRICT OF COLUMBIA, March II, 1889.
To the Editor of the EVENING STAR:
/ do not object to criticism Of any act Of mine,
whether personal or official, but am entitled
to have all matters Of fact affecting my official
conduct correctly known. Accordingly beg
to call your attention to the editorial In Mon
days STAB imputing blame to me in connection
with the reported alienage Of one OF the Dis
tricts grantors in the recent purchases of school
SITES &c. In that editorial Il is said that tes-
titled in the recent investigation ''that in most
cases made an individual investigation as to
whether the middlenadn's title was good and I'M
incumbered." A reference to my testimony
as reported will show that in speaking of my
part in the matter in no instance segregated
the class Of 'middlemen" from the general
class of grantors to the District On the con-
trary, am distinctly reported as having said
that ''as to the appearance of middlemen or
anything of that kind, such questions were not
referred TO us for consideration, because we
were simply asked to report upon the validity
or invalidity. the suficiency or insuficiency Of
the title in the person conveying &c the Dis
trict"
The process, from beginning to end, Of &C.
curing title to Scholastic was fully explained
by the testimony Of all the witnesses having
knowledge in the premises, and was ocularly
demonstrated to the committee by the abstracts
of title and the deeds, with their respective an
dorsements, which were freely passed from
hand to hand throughout the investigation.
That process was follows: The intending
vendor was required to furnish an abstract Of
the title to the property offered by him, and in
every case but one excepted for q special rea-
SOM. such abstract was required to come from
one Of the two title insurance companies. The
abstract, having been delivered to the Commits
sioners, was referred by them to our Office and
was there examined In the cases coming un-
der my notice, il the title company reported
the title good accepted such report by endors-
ing my approval on it, but il the abstract
showed any matter out Of the ordinary made
personal examination of that before signify
ing my approval In all cases / satisfied my
tr ansfer or lien Of judgment, &C., had been
made between the date Of the abstract and that
OF the proposed transfer to the District, and il
any grantee appeared between those dates, as
In the case of the 9th precinct station house,
OF course made an individual investigation as
to time and reported accordingly.
Now it happens that, according to the prac-
tice thus described, it did not become neces-
sary for me to investigate Mr.. Taylor, the mid
dleman in the case Of the school site on 9Th
street southeast for in that case the abstract
was prepared by the Real Estate Title Insur-
ance company and was brought down through
the transfer to Mr.. Taylor. in whom the COM
pany reported the title good. relied on this
report, and in the nature of things could not
have done otherwise. A re-examination of the
would in every case have involved a labor of
several days; a labor simply impossible in view
OF the daily demands upon our Office and our
limited force. Ii our Office could have done
this work the exacting of the abstracts would
have been both unnecessary and unreasonable
And as to the matter Of alienage cannot
agree with the ''well-known expert in real
estate law" that the alien land act operates q
forfeiture ipso tacto on conveyance TO an alien.
In my opinion, and that Of others better quail
fed than myself, this act merely restores an
aliens former disability to hold land, and
requires some action Of government to work
forfeiture. All residents are presumed to be
citizens, and the fact Of alienage does not
appear from mans name or from the land
records. III the act operates forfeiture ipso
tdcto 1t will be necessary in every to ascer-
tain the character as to citizenship of all
through whom q title has come since the
passage of the act. How can this be done? Is
native or naturalized2 II not, what is to be the
proof in the case of an unnaturalized alien?
and in the case OF q naturalized alien who is to
identify him as the one named in a given
certificate Of naturalization, if such be pro-
duced. especially here where our residents have
come from all parts of the country
Such considerations as these, taken in con-
nection with the language OF the act as con-
strued in accordance with most familiar prin-
ciples, convince me and those who think with
me that il the title to land once passes out of
an alien before proceedings for forfeiture shall
have been begun, the liability for forfeiture
under the act ceases, and the title becomes
would render every innocent holder, even SO
thousand years from now" as your expert puts
it, liable to have his property forfeited Alaw
that would work such result would be worse
than an anomaly, it would be monstrosity.
Respectfully, HENRY E. DAVIS,