The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-03-07

After prolonged debate OF more
'nan three hours tho Senate immcdi-
ately before taking recess yesterday
afternoon. passed hy n vote OF 90 10 &
tho bill introduced by Senator's Buch-
anan and Royal repealng an act pass
cd By tho Legislature OF 1912. which
prescribed the effect as evidence to he
given to deeds recorded prior to tho
year 1858
The debate brought out an argument
or unusual strength by Senator Buch-
2nan' and charge by Senator Royal
that the law sought To bc repealed ha.
had the effect OF furtherfng tho big
Eest land fraud in the history OF tho
state Tho repeal OF the law was
opposed In strong speeches by Senator
Cannon. OF Richmond. and Senator
Bowers. OF Culpepcr
According 10 friends OF tho measure.
II VIII, II passed by tho House. dis
sipatc n cloud which has bocn placed
on the titles TO tho property OF ] ZOO
citizens In buchanan County, who hold
under junior grants made by the Com
inonweRlth and by color Of title estab
lished through possession and paymout
OF taxes for periods extending as far
back IS thirty years
Remarkable Recital
The recital of the Ruchannn County
land tanrlc. brought out In tho
hp"ech oil Senator buchanan. was In
Itself remarkable story or the earI,.
DAYS OF the nation. when tho Stat.
rewarded Its patriots with lavish
grants OF land.
In the year 1915 tho Commonwealth
or Virginia made n grant or 200 200
acres. IN what IS now Buchanan Coun-
ty, to Richard Smith and Harry Banks
evidenced at i.
the princely gift by permitting il TO
be returned DELINQUENT wear after wear
in 1920 William n. Taylor, a Federal
collector, sold the land at auction In
richmond. under an act OF Congress- of
1919. Known a. the direct tax law, Ge-
signed to raise revenue for the debt
OF the War OF 1912
At the auction sale the entire grant
OF 100000 acres was knocked down 10
william Lamb. OF Richmond for some
thing like $50. The grant then passed
through successive alterations until ii
reached one Frederick Pearson, in 1876.
Pearson instituted about forty eject
ment suits I'm the United States District
Court at Abingdon. in which orders OF
dismissal were agreed upon.
Bought for $4,000.
From 1876 until 1902, according TO
Senator Buchanan. the land was re-
turned delinquent in the name OF Fear
son. In 1902 G. W. Tcabault, OF Nor
folk. filed application before the clerk
OF the Circuit Court or Buchanan
County under the so-called land
Grnbbers' act" and In 1905 united with
the clerk in conveying the tract to the
Buchanan Company, West Virginia
corporation. with headquarters in Bos-
ton, for the sum Of $50, 600 Tho tract
so transferred contained about $4,000
acres, making the price about 40 cents
an aero.
Upon taking over the tract, the
Buchanan Company sought through
suite In the State and Federal courts
to establish its title to the property.
but was In every instance defeated.
There was a lull In the litigation until
the passage OF the act Of 1912.
Within a few days after the 1912
act became law, the Buchanan Com
pany brought suit In the Circuit Court
of Buchanan County against the un-
known heirs OF Smith and Banks.
The Judge Of that court being dis
qualified, the case was transferred TO
Judge Hutton. of Washington County,
who dismissed the bin on demurrer.
lie was sustained b. the State Supreme
Court of Appeals In an opinion handed
down on January 10 last.
DispnruScs Holders Claims.
The effect of the law passed by the
last legislature is to make a deed regu-
larly recorded before 1865 prima facie
evidence that all provisions and re-
quiremcnts of the law were complied
with in the making of such deed. In
the previous suits Of the Buchanan
Company the chief failing was found
to be the company's alleged inability
TO produce documentary satisfac-
tory proof that the legal preliminaries
10 the original sale by the Federal
collector in 1929 were fully carried
out.
Tho act Of 1912. according to thos-
who argued for its repeal is calcu-
lated to inure to the benefit OF the
Buchanan Company and to disparge the
claims of the 737 defendants who were
cited In recent suit Instituted by the
company. Its repeal was urged In the
interest of fairness, the contention be-
ing made that to repeal the law would
leave the lltigants the same rights
they enjoyed before it was passed.
The argument turned largely upon
tho legal aspect of tho rival claims and
upon the question of equity. Senator
Buchanan called upon the Senate, In n
speech which lasted more than an hour,
and which was characterized by q clear
exposition OF the law and Il high degree
OF cloquence, to undo n wrong that the
last session had committed against
thousands of citizens In his district.
Tho present law. ho said, prejudiced
their cause In favor OF foreign cor
poration and placed n cloud on the
title OF moro than 900 homes in Buch-
fCoptiuned On sauontb Do.o-l