The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1909-12-30
THOUSANDS or LAND TITLES.
WOULD Be AFFECTED BY.
ADVERSE DECISION.



debt suIt or any other litigation Ia
which :the state or her people Is In.
|terested, Is the King land case now
pending In. the United States Supreme
coufA Involving probably s1oo. ooo.r
600, and affecting every county In the
State, says the Charleston Mail. <
In the highest court Of the nation
1t ii sought 70 have section Of ar
ticIe IS d the West Virginia eonsti-
tuition, providing for the forfeiture
of land for failure Of the owner TO
enter Il for taxation, declared IN
conflict with the Fourteenth amend;
ment OF the federal constitution re-
strztnina States from deprlving any
person Of life, liberty or property with,
out due process Of law.
Great confusion of land titles would
result In every county Of West Wiz
ainia, mere especially in the southern
counties Of the state, u the Supreme
Court were to hold that the forfeiture
section of the West Virginia eonstitu-
tion was in eontraventlon with the
"due process" clause Of the federal
It is estimated that about $4,000
GOO are involved In the King land case
alone and the effect OF an adverse de-
eision form the Supreme Court OF the
un.sed States would result In contro.
vcrsies amounting to many more mil
lions. MOT county in the State would
escape, say aome Of those who have
watched the case.
Aroun,ents were made this month
before the Supreme Court at Wasf'-
inqton on the points in dispute ano
attorney General conIey, following
the. aruuemnts, has ffIed brief In
the supreme Court on behalf OF the
state of West Virginia. In the sriet
filed with the court Attorney General
conIey says:
...It was stated in oral argument
hy- counsel for plaintiff In error that
the. state Of Nest virginia was NOT
In this. litigation. We beg
Ia. correct this statement, The state
is vitality Interested In the result o.
this litfoation. She 10 Interested be.
cause the homes and property OF
many of her citizens are involved.
She ts interested In seeing that all the
real estate and the other properly
within her limits are properly az
sessed, with taxes, and those taxes
promptly paid. She Is Interested 70
unfolding the State constitution ana ana
the laws passed in pursuance theFe'
Of, If this court were TO held tnas
section 8 OF article 10 OF the constr
tuition of west Virainia was IN con
fIict with, the due, process clause or
tho Fourteenth amendment OF the
FEDERAL Constitution, = would create
a Great confusion OF, land titles In the
State, not only In the section OF tne
state. covered by the land in. contre-
versy in these causes, but IN every
county +41rouqhout the State, for many
Of the titles 20 land throughout the
state are tax titles derived under. ar
tic,c 10 Of the constitution OF west
vtrointa and the laws passed there
under. Article IS Of our onstsstttlon
aud our statutes authorizing 1.-The for
fetture and sale. of delinquent lands
for taxes Is not alone beneficial In tho
amount the state derives from the sale
OF such lands, but It is chiefly henett-
ella, in lts influence upon the lana
owners to see that their real estate Is
entered upon the tax books and the
taxes assessed and promptly paid, and
thus contribute Their just proportion
10 the support OF the State govern.
ment.
4compIaints a:fainst any ia. sys-
tenn are Usually made BY those per-
sens who want the protection OF tne
without contributing
their lust share to thaA governments
sunport,5 "A better illustration ot
this statement could scarcely BE-
found than the plaintiff In error and
his arantors, who secured for trItle
Of thousands Of acres o.
land rich Ii natural wealth, and nes'
Iected and refused TO have sueh
land placed on the tax books and TO
pay the taxes thereon. They viotat'
ed the plain mandates Of the puhl''s
laws. OF which they had kno"iedae,
tor more than. half a century, ana
they now seek TO further evade the
con stitutlou and statutes Of West Vir'
ainia. by trying to hide behind the IN.
definite. phrase OF duo process OF
law .g ~,
"pue process Of law is not Heees.
sarlIy judicial process. There - no
provision In the Federal const "utlon
so stating. Much Of the process Py
.aan. ~ whieE1 the government IL