Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-05-25

all remaining unapproprated lands, lying
north OF the Ohio and west of the Allegheny
river and Conewango creek, except such as
had been or should thereafter be approprl-
ated to public use-to persons VINO woulo
cultivate, improve and settle upon the same
for the price of e7 los for every 100 acres.
JUSTICE AGNEw's OPINION.
The venerable ex-Chief Justice Agnew,
the sole survivor Of the great land title
lawyers of Western Pennsylvania, in his
book entitled, Settlement and Land Titles
of Northwestern Pennsylvania" says: ITO
understand the evils of this legislation, and
the vice which led to the greatest litigation
and uncertainty of title which ever ruined
the prosperity of a new country, and SET IL
back many years, it may be stated IN TINS
place that the Assembly committed the SIN
of enacting duplex and adverse system OF
acquiring title which placed Land Office
rights and settlement claims In direct nos
tility to each other, and led to contest in
the courts and on the lands which Lasted
until long after the writer came to the bar.
One mode was by Land Office warrant Tor
not more than 400 acres and allowance, the
grantee paying the purchase money and iees
into the State. Treasury, to be followed Dy
actual settlement and improvement. The
other mode was by actual settlement and
Improvement in the first place, made upon
tract not exceeding 400 acres and allow
ance by any person desiring to settle, i'm
prove and reside upon the same.
THE CONFLICTS OF TITLE.
Had there been no Indian war waging at
this period there would have been few con-
hicting titles among the actnal settlers, for
they would, in most instances, have gone di-
rectly upon the land. and have established
their claim by entry and continuous resi-
dence. But frequent Indian lncursions and
constant alarms interrupted and, in some
cases, barred such settlement altogether.
These discouragng conditions under which
the actual settlers held did not, however,
deter Eastern individual capitalists and cor
porations that had easy access to the Land
Office in Philadelphia from taking out war
rants Tor vast tracts of these lands. Soon
after the act went into effect John Nichol-
son, Controller OF the State, took out many
warrants for the Peoples Population Com
pany, and also for the North American
Land Company, of which the great Phila-
delphia banker, the Hon. Robert Morris,
was President.
At the same period the Holland Land
Company took out large numbers of warrants.
This company was the only one that was
not, from the litigation arising out Of the act
of 1892, combined with other causes, forced
to the wall. Surveys were made on some of
the Holland Company's warrants which
would have conveyed undisputed title to all
of them had not the ambiguous language of
the ninth section, before mentioned, set
judges, lawyers and warrantees by the
ears.
FORTY YEARS oF LITIGATION.
It is remarkable that the Legislature did
not early amend this abominable ninth sec
tion which was so variously construed by
bench, bar and litigant that it took nearly
40 years to straighten out some OF the titles
acquired under it.
The most famous cases that arose from
this Dangling legislation were two in which
the Holland Company were plaintiffs They
were the test case Of Huidelopers, lessee
VS.. Douglass, and Commonwealth VS..
Tenche Coke. The case was the application
of the Holland Company. made after Wayne's
treaty of peace with the Indians, for
writ of mandamus compelling the Secretary
of the Land Office to issue patents for
number of their warrants, which the Indian
war had prevented them from having pre-
yiously surveyed and patented. 1t may be
mentioned here, to the honor OF the COM
pany, that they were rarely in the courts in
individual cases, and that in a number of
instances, where emigrants had taken up
their lands, believing the title Of the COM
pany dead, their agent bought from such
settlers the adverse title rather than cause
them hardship and loss. They brought few
actions in ejectment.
In the mandamus case the Judges on the
bench of the Circuit Court of Pennsylvania
could not agree as to the Interpretation of
the ninth section, and by their recommends
tion the company carried their case to the
Supreme Court of the United States. The
decision of that court established their title,
Chief Justice Marshall delivering the
opinion. This decision gave undisputed
title to all who atterward purchased these
lands from the Holland Company.
S. LATIMER.
ITO be continued ne1t Sunday.1