The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-12-10
THE HAsKIN LETTER
LAND TITLES. XII. InForeign Countries.
y Frederick ]. Haskin.

A ~
The American system j laadhold-
ing contemplates the division OF the
soil among individuals In moderate
quantities, SO as to produce an In
dependent and prosperous class of
agriculturists as foundation for a
sound political state. Such an idea
has been approved by philosophers
during all of known history, and
Scion, the Athenian law-giyer. pro-
cured a redivlsion OF the landed prop
erty OF Athens on this basis as a
means to remedy existing political
evils.
But In all ages, 1t has been found
that the increase in population has
brought about complications which
modified and finally, in most in
stances, destroyed the allodial basis
OF land titles which seems to be the
natural and primitive one. Ultimately
instead OF right arising from occupa-
ton and use Of the soil. rights de-
rived from acquisition and conquest
dictated the character of land ten
ures, and with the. single exception
OF the Hebrew nation, the holding Of
the agricultural interest became sub
seryient to some potentate, king or
oyer-lord. y
The land system of the Hebrews
was founded on the conception that
property in land was the direct gift
lof the Supreme Being. The land, sac-
cording to the Hebrew theology, was
selected for the home the Chosen Peo-
pie and its division among them ac-
cording to families was a Divine in
stitution. The religion of the He
brews required that the land should
tlie idle every seventh or sabbathical
year and that at the end of each fifty
years. in the year OF jubilee, all
transfers and incumbrances should
become invalidated and the land re-
turned free Of all restraint to the
family to which It had originally been
allotted. This renewal and refresh
ment prevented the incrustation OF
customs and artificial restraints which
have entirely changed the character
of other land systems, originally en-
tirely allodial.
Thus, the primitive condition of the
land titles of the greater portion of
Europe, as well as Of England, was
the Teutonic folk system in which the
population was segregated into WELL
defined clans, the individuals of each
clan possessing interests OF three
sorts in the total body OF land in
cluded within the boundaries Of the
location of the clan. Thus each
clansman had a proportionate interest
In the grazing land, which was held
and administered entirely in common.
lille also had right to an allotment
OF a proportionate share of agricul-
tural land which he titled as an in
: dependent farmer, except that he was
bound by community laws as to the
manner of tillage. His third right
was to a residence plot which he
owned in seyeralty, and with which
the community could not interfere
after segregation had been made.
The effect Of the overlays of arti.
1cial privilege during the passage OF
centuries is best exemplified by the
land systems found to be in. existence
by the English when they took pos
session of India and which have been
infinitely studied and described by the
English administrators of the various
provinces. These systems illustrate
the course of dealings with the land
in condition Of a high rate of pop.
ulation which brings the necessity fol
! intensive cultivation and use.
The origin Of land systems in India
Is hidden in the obscurity OF prehis,
toric times. 1t is theorized that the
condition which existed immediatel,
prior to known history was one Of
feudal tenure in which there was q
regular descent from the kins
through military subordinates dowi
to the cnltivator OF the land. Known
history begins with the Mohammedar
conquest of India and the wiping out
OF class distinctions among the ruling
people. since co-religionists under tbs
Mobammedan form Of belief are on .
theoretical ground of equality.
The theory that was substituted 70,
the feudal system, If that existed, was
probably as oppressive as the former
system since, while the ownership o,
the land was not disturbed. 1t was
charged with taxes and exactions that
took from one-third to one-haR of the
gross products Of the land as the
share of the etsate Portions of these
revenues were granted out to favorites
and officials and eventually became
customary encumbrances on the lans
and a portion of the title of the land
itself When the English came into
control, 1t was their policy to con.
firm. as far as possible. the existing
land titles. and they recognized moi
only actual possession and title in the
usual sense, hut the servitudes "a
which the lands had been subjected,