Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-05-08
TITLES WITH FLAWS
That Allow a Large Loophole of Es-
cape for Many Kickers.
JUDGMENTS YET ON THE BOOKS
Never Having Been Wiped Off, and Which
Blot Property Titles.
YESTERDAYS PROCEEDINGS IN COURTS

There is a judgment on record In thii
county that has been quite troublesome to &
good many people. and many lawyers have
stumbled over it in their examination o.
Titles, and yet it is really of as little account
as the bull against a certain comet Of an.
tiquity.
when Silas M. Bailey was State Treasur,
er, he gave, as all such officials must do, q
bond OF $500, 900, on which were Messrs.
Henry Clay Frick. the extensive coke man.
utacturer; e. M. Ferguson, President of the
Merchants and Manufacturers Bank, and
other worthy citizens. During his incumb-
ency Mr.. Bailey deposited some $50, 900 in a
bank, which went to the wall. Suit was
brought to recover from Bailey, and he de-
Tended on the ground that he was not re-
sponsiole for the loss, the State
not having any designated de-
pository, and the burst bank being
considered solvent, and that, all things con-
sidered, he could not be held for its failure.
The Supreme Court held, however, that he
was, and cited rulings Of the Supreme
Courts of other States. The court held that
the Treasurer was an insurer Of the safety of
the funds of the State. and not even ex-
empt from the consequences of can act of
God, on account of which ordinary in
SUI RS claim exemption.
SOME CASES CITED.
A case was cited in which Treasurer
was held responsible, though the building
in which the State funds were kept was
struck by lightning, and burned with all its
contents. And the case was cited in which
the estate of State Treasurer was held
responsible for loss, though his house was
attacked by burglars and he lost his life in
defense of his trust.
Judgment was entered against Bailey and
his bondsmen, and the bondsmen made mp
purse and paid it within a week the deci-
sion, contributing some 81 200 or S., 900
apiece. The judgment being TOR $500, 900,
makes it look i'm mportant.
Now this would ordinarily be supposed to
settle the matter, and the bondsmen thought
it did. They may have heaved sigh or two
as they drew their checks for their respective
shares, but they entered it to the account of
profit and loss, and soon ceased to think of
it. But some of these gentlemen, notably
Messrs. Ferguson and Frick, do land office
business and make many deeds in the course
of year, and each purchasers lawyer finds
an unsatisfed judgment against them-that
is, unsatisfed, though paid. Purchasers
of realty do not want any shad-
ows on titles, no matter how unsubstantial
they may be. They demand that they ex-
tend not only to heaven and down to China,
but that they be like the ideal vie of
Cesar, above suspicion of any kind. Now,
though these judgments have been satisfied,
they are still on record, and owing to a leg
islative omission, there is no way provided
to take them of.
REMEDIES SUGGESTED.
Various suggestions OF remedy have been
made, and the court may be asked to strike
the judgments of, but SO far nothing has
been done. Some people can be made to
understand that they are OF no Importance.
but not all, and the fact that they cannot be
expunged gives any one who wishes to
kick on technicality at any stage of a
deal chance to do so. They will
expire in two or three years, if regarded
as ordinary judgments, bur question arises
as to whether time runs against the Com
monwealth
1t is the general opinion that the Bar As
ISOLATION has begun an excellent movement
to get rid of legal rubbish, but the fear is
that the accumulation is too great to allow
of removal by peaceful means. If time
ever arrives when titles to property become
so insecure SIS to be commercially valueless,
socialism will get its hooks in and demand
a new deal of cards. Legal matters in this
State, 1t is claimed, are getting too subli-
mated entirely, and there ought to be some
sort OF legislative or legal sapolio with
power to wi pc any Judgment off the record
after it has been paid.