davidaulloa/AmericanStories huggingface dataset:
Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1896-06-20
The PULLlaH HERALD.
SATURDAY, JUNE 20, 1896.
REAL PROPERTY LAW.

the agricultural COIIcSC'
Ladies and gentlemen;-The SUB
ect of discussion this morning Is
the law of real property, or real es-
tate The term real estate, III
its popular acceptation, signifies
land. Land, according to Sir Ed
ward Coke, compartments in its legal
Specification any ground, soil or
earth whatsoever; as arabic, mead
ows, pasture, woods, moors, waters,
marshes, furzes and heath. 1t IS
observable that water is here men
toned as a species of land, which
may seem kind of a soleclsm, but
such is the language Of the law.
Thus we see that the term land
comprehends all the substance Of
this planet, hence we may say that
our subject is the earth This
you will admit is large and at
tractive subject.
Writers of poetry and song in all
ages and in all climas, though in
dulgent at times in celestial flights
of imagination, have ever stuck
with natural philosophy to our ter
restrial subject, though ever so dry
and prosaic.
There is nothing which SO gen
orally strikes the Imagination and
engages the affections of mankind,
as the right ofproperty, or that sole
and despotic dominion which one
man claims and exercises over the
external things of the world, in
total exclusion of any other indi-
Vidual, and yet there are few that
will take the trouble to consider the
origin and foundation Of this right.
Pleased as we are with the posses
sion we seem afraid to look back to
the means by which it was acquired,
as if fearful Of some defect in the
title. These inquiries, it must be
owned, would be useless and even
troublesome in compton life, but
seem necessary part of our sub
iect. In the beginning of the world
as we are informed by holy writ,
the all bountiful creator gave to
man dominion over all the earth.
This is the only true and solid foun-
dation of mans dominion over ex-
ternal things, whatever airy meta
physical notions may have been
started by fanciful writers upon
this subject.
The earth and all things therein
aae the general property Of all man
kind as the immediate gift of the
creator. By the law of nature and
Of reason he who first began to use
any portion thereof acquired there
in a kind of transient property, or
as Cicero puts it, 1.-The place which
any man has taken Is for the time
his own" The first claim we read
Of being made to any fixed estate
Is when Abraham asserted his right
to a well in the country of A bime-
lech, because he had digged it, and
we find on further reading that
Isaac reclaimed the same we'll about
ninety years afterward, as his faith
er's property. We are also informed
that after much contention with
the Philistines, he was allowed t.
enjoy 1t in peace"
At first the soil and pasture o
the earth were held in common
and when the multitude of mel
and cattle had consumed the pro
duct of one piece of ground, it wa
deemed natural and right to seiz
Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1896-06-20

Or soeage tenure. \ third part wa:
given to the lords villiens, who
were . species ofagricultural slave
ana did the manial services upon
the manor.
The fourth part ofthe manor con-
sisted Of the waste and wood lands
from which the tenants were per
united to take their estoyers, that
is their necessary fire wood and
wood for repairing their houses and
fences. and meadow lands upon
which they were allowed to pasture
their cattle. The two classes first
mentioned were free-men and were
given what was called freehold es-
tates, which was an estate for the
life of the tenant, which, according
to Mr.. Blackstone, was the smallest
interest which was worthy of free
man; the term feud or fee is there
fore properly applicable only to free
holds. Thus under the feudal sys-
tenn all land was held mediately or
Immediately Of the king who was
called the lord paramount and was
held in consideration of certain ser
vices, principally military, The
thing held was called tenement
the holder tenant, and the man
ner of holding a tenure.
On the settlement of this country
by emigrants from England such
parts Of the common and statute
laws of that country as were appli-
cable to the circumstances were
adopted. Though many of the
terms and phrases having their or
igin in the feudal system are incor
porated into our laws and are gen
orally used in our conveyances
though in a modified or differenr
sense from their original meaning
the feudal system was never adopt
ed in this country. Tenure in it:
appropriate sense denotes the mode
or principle of holding of super
Tor by service and is the fundamen
tai princi pie of the teudal system
In the United States all title /!
derived from the government, bu
it is not acquired or held in a feu
dial sense All holdings in this
country are allodial, that is they
are held free from rent or service
and are the entire and absolute
property of the owners, subject only
to the liability to escheat and thu
exercise of the right of eminent do
main, and while it is true that tht
term "allodial tenure" is sometime.
used, such use is an absurdity, fo
as has been explained, tenure and
allodium are the opposites Of eack
other. So while we retain the idet
and language of tenure, and mucE
of the language of our conveyance
has its origin in the feudal system
there is no practical inconvenience,
caused since the rights which tn,
language represents are recognized
by statutes and local usage. Tn,
doctrines Of escheat and waste anC
many of the doctrines in relation
to rents are offeudaI origin. Though
there is much more of interest il
the history of the laws relating t,
real property and tenures, time for
bids further details. | would ad
wise each of you to read in this con
nection the second book of the com
mentaries of Mr.. Blackstone, anc
believe that you will find it boil
Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1896-06-20

lowed IN the western p@Ft % sANS =
s. BY stockmen.
We find an exa nipple OF such prae-
tice in the history Of Abraham.
When the possessions OF Abraham
and his nephew, Lot, became 50
great that QuarreIs arose between
their servants 50 as 10 render II an
desirable for them TO live together,
Abraham suggested to Lot that the
whole land was open 10 them; Lot
lifted up his ewes and beheld all
the plain Of Jordan, which seemed
suited to his convenience, and then
Lot chose him all the plain Of Jor-
dan, and iourneyed east, and A0ra-
ham dwelt in the land of Canaan
But during the time OF Abraham
there must have been such a thing
as the private or individual owner
ship Of realty. for we find that Alb
raham. while a sojourner in the
land of Canaan purchased from
Ephron, the Hitite, the Cave of
MacpheIah, to use as a burial place
for a consideration Of four hundred
sheckels OF silver Though the
mode of the transfer is not fully
explained, it was not unlike a mod
ern real estate transaction, for as
the writ informs us, "the field of
Ephron, which was in Macphelah,
and the cave which was therein.
and all the trees that were in the
! field, and that were in all the Dor
der round about, were made sure
unto Abraham for a possession, in
the presence ofthe children Of Heth."
And as evidence that the title was
made sure to Abraham and his
heirs, we notice that nearly two
hundred years afterward Joseph
took the body of his ia ther, Jacob,
up out of Egypt and buried it in
the cave of Macphelah, in which
were already buried Abraham and
Isaac, the father and grandfather
of Jacob.
In considering the law of real
property, a brief reference to ten
ures will not be out of place.
Much of our law of real estate
had its origin in the feudal system,
which was introduced into England
by William of Normandy, who, up
on his accession to the throne, by
confscation and surrender, brought
about the establishment of that
system as military plan. The
lands of these who fought under
the banner of Harold at the battle
of Hastings were confscated and
distributed among the Norman
chiefs. Subsequently, to obtain the
protection guaranteed to all vassals,
the other land owners, or most of
them, surrendered their lands to
the crown, and received them back
as vassals of the king. Thus were
the lands distributed among the
chiefs, both Norman and Saxon,
who swore allegiance to the king
and obligated themselves to render
certain services, principally mill
tary in character. These chiefs
were known as barons, and they in
, turn parcelled out the lands among
their adherents, who rendered var
ious services to their barons on
lords, The allotments of land tc
t the barons were called manors and
t seignories The lord reserved such
= portion of the manor lands as he
| deemed necessary for his own use
Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1896-06-20

DR.. McCallie, the old reliable o %SJ fre
Moscow, will extract your '1 7ose dea5
charge, and do all other ilrsl-c'' ID
operations at bed rock prices.
The Forrest City times., 1896-02-21
To Stop Prize-Fighting.

The City Council at Pine Bluff has
increased the license for glove contests
to 500 for each contest. The great in
crease in license is made with a view to
stop prize-fighting in that place, as of
late prizefghts have been of frequent
occurrence. A number of citizens, with
local newspaper, have been making
a strong fight against the prize fight
which have occurred there of late, and
this act of the city council is first
blood in their favor.
The Forrest City times., 1896-02-21
Entitled to Commissions.

Justice Hughes last week in the Su.
Preme Court, passed upon the case Of
=. w. Shaver VS.. Sharp county. 1t was
agreed by counsel in the case that the
only point in issue was whether a
county treasurer who succeeds himself
Is entitled to commission on funds
carried over from one term to another
when he had received compensation on
said funds during his former term. e
Justice Hughes said:
III was held in III Arkansas 494 that n
county treasurer is entitled under the statute
10 commissions or school funds received from,
the FORMER treasurer. We can see no differ
ehcs between treasurer who succeed himself
ana a treasurer who succeeds another person
as treasurer
one wno succeeds himself as treasurer is
required to take the oath of office and to give
pond on entering upon his second term. pre-
elsely as he Gid in entering upon his first term.
lie Is the same person in 10th terms. il is true.
out his terms Of o'ice are not the same: they
are separate and distinct terms. as much as
when two terms are filed by different per-
sons
The Forrest City times., 1896-02-21
Gov. Clarke Appoints Delegates.

Governor Clarke made the following
appointments of delegates to represent
Arkansas at a meeting held in Chicago
recently for the purpose of organizing
the Chicago and Southern States Expo
sition company. which will hold an ex-
position in Chicago in September and
October next: w. II. Langford, Pine
Bluff; E. W. Rector, Hot Springs,
George Sengel. Fort Smith; John p.
Stafford, Springdale; Parker Evan,
Clarendon; Byron Price, Mt. Adams;
W. NJ. Baird Swifton; g. T. Gazort.
Lamar; w. II. Haynes, Little Rock; J.
]. Horner, Helena.
The Forrest City times., 1896-02-21
Free HOSPITAL at Little Rock.

The new hospital at Little Rock will
No located at Second and Sherman
streets. in close proximity to the medi-
cal department of the Arkansas Indus
trial University. The city accepted the
nroposition of the medical college trus-
tees and the ground space for the hos
ptal will not cost the city anything,
the trustees having donated it. Archi-
tect Glib has been employed to draw
nlans for the hospital, which is to be
named for Logan II. Roots, deceased,
whose munifcence is responsible for
the provision of the fund of s1O,o0o
which Is now available for the erection
of the hospital.
The Forrest City times., 1896-02-21
Pine Bluffs Big Foreclosure.

The New York Security and Trust
company recently began foreclosure
proceedings in the United States court
at Little Rock against the Pine Bluff
Water, Gas and Electric Light com
pany. A foreclosure and the sale of
the property was ordered by the court
to satisfy the amount of the trust COM
pany's mortgage. aggregating $3.50, $50
with interest. The company is given
thirty days to pay the amount, in de-
fault of which the property will be sold
to the highest bidder by the master of
the court on day to be named by him.
1t is probable that the bondholders will
bid in the property at the sale, and it
will then pass out of the receivers
hands.
The Forrest City times., 1896-02-21
Two Banks at junction CITY.

T. NJ. Smith, of the Bank Of Malvern,
ana A. Il. Colvin, of Malvern, have filed
articles of incorporation for the organ
Natlon of the junction City Bank. E.
u smith, of the El Dorado Bank, has
organized and incorporated what will
oe known in the future as the Peoples
Dahk Quite a number of Junction
0'ys citizens are stockholders in the
enterprises.
The Forrest City times., 1896-02-21
In the Receivers Hands.

The Mammoth Spring Cotton Mills, a
concern Incorporated under the laws of
Arkansas, was placed in the hands of a
receiver by Judge Williams in United
States Court, upon the application OF
the company itself 1t is stated that
the company is solvent and that it's as
sets are in excess of its liabilities, but
a combination of circumstances rem
dered advisable the receivership pro-
ceedings.
The Forrest City times., 1896-02-21
Gold Excitement in the Northwest

The populace in Northwest Arkansas
IS greatly wrought up over alleged
discoveries of gold in Carroll county.
The Berryville Progress of recent date
had the following about the discov-
cries.
About the middle Of last week Homer Gard
ner brought a gold nugget to town which he
Claimed was found on his mothers place. one
and half miles northeast of Berryville
Everybody pronounced the nugget gold and
the lind created great excitement. Next day
large party of our citizens went out to pros
pect for mineral, and many specimens were
brought to town. Parties are at work there
TINS week blasting. They believe they have
found lead in paying quantities. New finds
IN every direction from town are reported
every few days, and we hope when they are de-
veloped that they will prove to be valuable
Anyway, the mineral excitement has struck
this country with full force, and it is rarity
to lind a man who has not number of speci-
mems of mineral rock in his pockets
The Forrest City times., 1896-02-21
LRKANSAS STATE NEWS.
Nav Railroad for Arkansas.

. new railroad enterprise of interest
Arkansas has been heralded in a
/ ,,;et way lately, and unlike many lat
ID enterprises of that character it
III. the semblance of sincerity. The
Missouri Midland Railway Company is
1 oorporation formed for the purpose of
4 ,nding standard guage line of rail-
-o.d from Marshal, Mo-, through Soda
IA. Springfield and down to the gulf at
Galveston. The proposed route is al
|-,,ost an air line, and lies through some
Ia the best agricultural country on
.orth and taps enough of the mineral
md coal land to furnish an abundance
~ freight for the next century.
The Forrest City times., 1896-02-21
Arrested for Passing Bogus Coin.

Three rural visitors were arrested
at Little Rock recently on complaint
that while on visit to Florence Me-
Clelland's resort they passed four coun-
terfeit half dollars. The three men
gave their names as Sanford Barnes, of
Polk county; Sim Robertson, of Saline
county. and Joe Sutton, of Owen town
ship. Pulaski county. Capt. Wick, OF
the government secret service, took
charge of the case.
The Forrest City times., 1896-02-21
Free Delivery at Texarkana.

The Postofice Department at Wash
ington has granted the final order for
the establishment of free delivery at
Texarkana. The population of the city
and the receipts of the office have for
some time warranted its establishment
but the final order was delayed on ae'
count Of the failure of the city to COM
ply with the requirements of the de-
partment as to lights and sidewalks.
The Forrest City times., 1896-02-21
To Improve the Ouachita.

Dr.. j. w. Brown, NJ. A. Elliott and
A. Falsenthal, of the Camden CONNER
cial League, and representatives of the
Monroe convention were in Washing
ton recently. They were there in the
interest of improved navigation of the
0uachita river. Government engineers
have recommended to congress- the APP
propriation of some 81, goo, 900 to be ex-
pended on locks and dams. The gem
tlemen appeared before the committee
on rivers and harbors and presented
the needs of South Arkansas and North
ern Louisiana.
The Forrest City times., 1896-02-21
Three Years for Safe Blowing.

Walter Jones, alias st. John, at Arka-
delphia, was sentenced to the peniten-
tiary for three years for blowing up
two safes in Amity in 1891. He was ar
rested in Hot Springs three days after
the robbery, escaped from Jail five
months afterwards and went to Mis-
souri,. where he served a two-years' term
in the penitentiary. He was arrested
in Kansas City last September.
The Forrest City times., 1896-02-21
loWenshon Sent to Jail.

'atnnei Lowenshon, travelling repre-
sentative of the ST. Louis Glass and
Sueehsware company, who was arrest
81 at Little Rock on a charge of OBJ
,'inihg money on bogus drafts, was
oOand over to await the action of the
grand jury. In default of bail he was
9eHs 10 jail. The firm repudiated his
conduct on the witness stand.
The Forrest City times., 1896-02-21
omall Pox in Eastern Arkansas.

Inc negroes in the vicinity of Mar
WI are locking to town to be vacci-
'eu ana 1t is thought that the country
u oe made smallpox proof in few
''eAs oy the vaccination route. A
mas been engaged to vaccinate
w BODY IN that section of the coun-
-, ~ winch is infected, the county to pay
the expense.
The Forrest City times., 1896-02-21
United States Jail on Fire.

A fire in the United States prison at
Fort Smith recently promised terri
BILE sensation. There were over 2oo
men confined there for all manner OF
crimes. The fire was in the basement
but was extinguished by the fire de-
partment before much damage was
done
The Forrest City times., 1896-02-21
What is

Castora is Dr. Samuel Pitchers prescription for Infants
and Children. 1t contains Opium Morphine nor
other Narcotic substance 1t is a substitute
Tor Paregoric, Drops Soothing Syrups, Castor OIL
1t is Pleasant It's guarantee is thirty years use bv
Millions of Mothers. Castora destroys Worms and aays
teverishness. Castoria prevents vomiting Sour Curd
cures Diarrloea and Wind Collie. Castoria relieves
teething troubles cures constipation fatulency
Castoria assinlates the food, regulates the stomach
and bowels, giving healthy natural Sleep Cas-
toria is the Chidren's Panacea-the Mothers Friend
The Forrest City times., 1896-02-21

"castoria is the best remedy for children of
which am acquainted hope the day is not
Tar distant when mothers will consider the
zeal interest Of their children, and use Castoria
instead OF the various quack nostruins which
are destroying their loved ones, by forcing
opium, morphine, soothing syrup and other
hurtful agents down their throats, thereby
sending them to premature graves"
DR.. J. r. KINcHELoE
Conway, Ark.
The Forrest City times., 1896-02-21
Wine Sellers Come to Grief.

Sixteen persons, at Ozark, indicted
for wine selling and contempt of court
all of whom plead guilty, were fined IN
amounts ranging from $40 to $50.
The Forrest City times., 1896-02-21
Against Church Suppers.

conference of the Methodist min
's'ers Of the Monticello district closed
:. war recently. There was a large
.'enoanee. Rev. t. d. Scott presided
- lumber OF interesting papers were
r~. Inc conference, by unanimous
~ decided against church suppers
@' d means of raising funds.
The Forrest City times., 1896-02-21
CastOria.

~Castoria is an excellent medicine for chill
oren. Mothers have repeatedly told me Of its
good effect upon their children"
DIR. &. c. OscooD
oxvaJ Me-.
The Forrest City times., 1896-02-21
Castoria.

"Castoria Is so well adapted to children that
I recommend it as superior to any prescriptions
known TO me-"
II. A. ARCHER, NJ. D.,
III So. Oxford ST., Brooklyn, N. r.
The Forrest City times., 1896-02-21
Revolver Used to Collect an Acco,,n,

p .. Altheimer, proprietor of a
vi, ~ pun clothing store, became in
o0a seo IN difficulty with a brakeman
.h account. Words led to blows,
ssaa Aitneimer drew his pistol and
Inc bullet flew wide of its mark.
The Forrest City times., 1896-02-21

"Our physicians in the cbildren's depart.
ment have spoien highly of their expert
ence IN their outside practice with castoria,
and although we only have among our
medical supplies what is known as regular
products yet we are free to confess that the
merits of castoria has won us to look with
favor upon it."
UNITED HOSPITAL AND DrspENsARY.
Boston, MasA
The Maryville times. (Maryville, Tenn.) 1884-1944, 1896-06-11


President Eliot, Of Harvard, has
denounced the Grand Army rs an
aggregation of "bummers and
loafers." This is disgraceful slur
and the old man must have been
keeping late hours, or he has let
his craftsmanship run away with his
judgement. No man can say such
a thing and tell the truth. OF
course there are worthless fellows
who were soldiers, but such are
very few when compared with
the whole number. In looking
over our county, which has a large
number of soldiers, we find them
among our best and most substan.
tial citizens. They can be found
among our farmers, our lawyers
and our business men. If it could
be truthfulIy said that the soldiers
Of either the North or South were
loafers and bummers it would not
be to the credit of American citi-
zenship, but it cannot be truthfully
said and the man who gives utter
ance to such SANDER cannot be
respected.
The Maryville times. (Maryville, Tenn.) 1884-1944, 1896-06-11

If we once again get the balance
of trade turned in our direction we
will have plenty of money and the
free silver craze will die out as did
the cgreenback craze. What we
mean is, when this country gets a
republican tariff that will reduce
the amount of foreign goods sold
and give us tariff en- those that
are sold here, then this country
will be receiving money from for
eign powers for our goods instead
of sending it out all the time for
theirs. The people want republi-
can tariff and times have been too
hard under democratic tariff for
them to be fooled into voting the
democratic ticket by the cry
against our financial system.
The Maryville times. (Maryville, Tenn.) 1884-1944, 1896-06-11

There is strong suspicion that
Gen. Fitz Lee was acting under
orders when he delayed his depart
ure for Cuba until Congress was
about to adjourn, and that the
reason for his being sent there as
U. s. Consul General will not be-
come apparent until after Congress
is out Of the way. That Mr.. Cleve-
land intends to spring some sort of
Il surprise ON the country in con-
nection with Cuba is believed by
some of the shrewdest men In
Washington, but he has kept his
secret we'll, and its nature can only
be guessed at. 1t Is thought to have
been indicated when Senator Nor
gan recently pointed out the dan.
ger to this country of the President
assuming the authority to decide
questions.which may lead to war
without referring them to Congress,
and also in Mr.. Cleveland's inter-
view with a subcommittee of the
Senate committee on Foreign Re-
lations, when he intimated that he
would rather recognize the absolute
independence OF Cuba than to rec
ognize the insurgents rs belliger-
ents. Whatever Mr.. Cleveland in.
tends doing 1t Is probable that he
will wait until just before the meet
ing of the Chicago convention to
do it. The certainty that the sill
yer democrats will control that.
convention has not shaken his
third-term aspirations, nor his be-
lief that he can 80 manipulate
things as to capture the nomination
for HIMSELF Washington Cores
pondence.
The Maryville times. (Maryville, Tenn.) 1884-1944, 1896-06-11

At the Oklahoma City Conven-
ton che of the old ."mossbacs," who
did not like the way the energetic
young chairman was conducting
matters, finally arose and indig-
nantly said to the chairman:
"Young man, l was Republican
before you was born!" "Shut upw
returned the young man, with
more vigor than politeness, II will
be q Republican when you are
dead. Sit DOWN. -Ex.