The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1896-01-02
TITLES NOT IN PERIL.
Land Lawyer Explains the Matter
From a Legal Standpoint.

Lest some farmers might be misled
into thinking their homes are in dan
ger by reason of the fact that no
patents have been issued on their lands
by the government, land lawyer of
Columbus, Wis, writes to correct all
erroneous impressions which may have
obtained He says: /" The duplicate
certificates referred to is presumptive
evidence that the title to the lands
described therein passed TO and is
vested in the person therein named,
his heirs or assigns (Section 4, 165
Revised Statutes of WiscOnsin.)
"Section 4,166 of those statutes
makes provision for the entry man in
case of the loss of his duplicate certi-
ficate. 1t SAYS that certificate from
the proper local land office, of the facts
of pre- emption and entry Of any lands
shall he evidence of the facts certified
to. These certificates, It is said, are
in nc way convryances. That is Moor
rect They constituted conveyance of the
fulleq uitable title and estate and leave
in The governments, only the naked legal
title, which is to be passed by the
purely ministerial act OF Ssuiug a pat
ent. This the Uniform ruling IF the
courts both of thi state and of he
United States. That he issuance Of
patents, in ca es like those described,
is but ministerial or clerical act, CAN
not he questioned since The pa sage OF
the remedial act o: March 3, 1891
i" 1t should he added that the local
office at Milwaukee was part of the
general land office, and that the dupli
cate certificate ofpnrchase isnot thronly
written evidence of the prescription.
1t is enter ell upon the official plars and
tract books, and in both the registers
and the receivers Record of Certifl-
cates'
Monthly abstracts of all these re-
cords are transmitted by the local
0tfirrs, together with the duplicate
certificates re aimed by them 1T time OF
entry, to the general land office. From
those abstracts, or rather transcripts,
compete records for the whole country
are made up ut Washington The
certificates of entry spoken of are
issued in duplicate, so that The pre-
empIOr may have one, us handy proof
of his tith, us well It's of the payment
of the purchase money, while he other
is to be forwarded 10y the local
officers td Washington as basis for
patent,
$ The pre-emptor is not charged
with the duty OF presenting his dupli- !
cat, at Washington In tact, the
practice is to have him etain it till the
patent is issued and ready for delivery
to him in exchange for the receipt
VIII CHI he holds.
''Once the pre-emptor has made the
necessary proofs amt paid the price of
the land all or which must be done
prior to issuance OF the certificate OF
entry-and received his duplicate GER
icate. his duties are ut al end. There
is nothing more he Can do unless it be
to call the attention of officers to their
duties. His omission to do that will
not cost him his land. The proofs re-
quired Of presumption are cheap and
simple, and not very expensive pro-
cess. Truly, to take the lands in ques-
ton from the occupants would be
great fraud upon their rights; but the
land department, by repeated de-
csiOnS, has declared that it will not
lend itself to such a fraud.
The Hand shark to be most feared
is, perhaps. the hungry Washington at
torney Most likely it is his class that
is stirring up this big scare, in the
hope Of furnishing a chance for his
cupi,lity to prey upon the credulous
farmer"