Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-06-29
Mr.. Peacock,s Opinion.

John A Peacock, being asked for his
opinion, said:
1t would seem to anyone at all familiar
with Texas land titles that there were
enough difficulties in the way of deternin-
ing whether the title to any given tract OF
last legislature, by the passage of what Is
called the alien land law, has multflt0f
these difficulties until, to my mind, no one
can tell whether a title is good or void I'M
less he knows the personal history of every
grantor in the chain of title, and then he
may not know until the question of whether
some grantor in the chain of title was an
alien has been finally determined in court
OF competent Jurisdiction. Section 10 pro-
vides that no alien, or person who Is not
citizen of the United States of America,
shall acquire title to any lands within the
state of Texas, and any deed or other
conveyance purporting TO convey such
title or interest to any alien or unnatural
lied foreigner, or 20 any firm or company
or corporation composed OF such IN whole
or in part, shall be void.
Now suppose you have for examination
an abstract in which are twenty-five trans
fers-twenty conveyances by persons and
five by corporations-the deeds may
all be in due form and regular
upon their face, but how will you know
that each of the twenty persons who exc
Cu.cu Ju6 uecuS NGIc SltltI hdtl1O DoAu VI
naturalized citizens of the United Statesa
How can you know that each and every
member of each of the several corporations
by whom transfers were made were either
native born or naturalize6 citiZensl If you
don't know this, how can you say that the
title is goodl Should every title in this
state be put in this condition of uncer-
tainty9 Won't this law SO impair the titles
of Texas lands that It's value as basis of
security viii be Destroyed Is it statesman
ship to degrade land as class of property?
This law allows the owner of railway stock,
or bonds, bank stock, cattle, horses and all
other kinds of personal property to borrow
upon it or sell il to 4 citizen or an alien, but
the land owner, who can't borrow on his
land of national banks (all we have in Tex
as), for that is forbidden by law, is not per-
mitted to borrow upon his land, except
under such restrictions as render his lands
unavailable as security.
1t is Democratic doctrine that the people
should be allowed to buy in the lowest
markets. Then why is it not well for US to
borrow the cheapest money! Why should
Texas that has 100, 900, 900 acres OF public and
private lands not scratched by the planters
hoe, refuse the owners and future pur-
chasers the privilege of borrowing the
cheapest money with which 10 develop and
improve these lands? Why should the gov
eminent thus interfere with its citizens in
the management Of their private business
and the use of their private property as
may to them seem most advantageous,
Why should Texas, which has the greatest
abundance of raw material in cotton, wool,
hides, timber, iron and coal fields, salt,
kaolin, mines of precious metals and other
undeveloped resources, bar out capital from
any source when it is so much needed in a
progressive development of these varied
resources? If an alien law is desired, 4
single provision requiring those who ac-
quire lands in this. state to ALLEVIATE the
same within a given term of years is all
that is necessary to effect that purpose.
Under the laws of Great Britain citizen of
the United States has the same right to
acquire both real and personal property
that a subject of that kingdom has. Mexico
allows our citizens about the same privi-
leges, except within the limits of the border
zone. Is it not unmerited for US to deny
to the citizens of these and other countries
reasonable rights among US. Won't it be
disastrous to our people at this time to
force the payment or foreclosure of every
lien upon land in which foreigner has an
interest, and put our titles in condition
that no man will feel safe in either buying
or lending on our landsl