BEXAR SCRIP NO. 2692

[From _The Rolling Stone_, Sat.u.r.day, March 5, 1894.]

Whenever you visit Austin you should by all means go to see the General Land Office.

As you pa.s.s up the avenue you turn sharp round the corner of the court house, and on a steep hill before you you see a mediaeval castle.

You think of the Rhine; the "castled crag of Drachenfels"; the Lorelei; and the vine-clad slopes of Germany. And German it is in every line of its architecture and design.

The plan was drawn by an old draftsman from the "Vaterland," whose heart still loved the scenes of his native land, and it is said he reproduced the design of a certain castle near his birthplace, with remarkable fidelity.

Under the present administration a new coat of paint has vulgarized its ancient and venerable walls. Modern tiles have replaced the limestone slabs of its floors, worn in hollows by the tread of thousands of feet, and smart and gaudy fixtures have usurped the place of the time-worn furniture that has been consecrated by the touch of hands that Texas will never cease to honor.

But even now, when you enter the building, you lower your voice, and time turns backward for you, for the atmosphere which you breathe is cold with the exudation of buried generations.

The building is stone with a coating of concrete; the walls are immensely thick; it is cool in the summer and warm in the winter; it is isolated and sombre; standing apart from the other state buildings, sullen and decaying, brooding on the past.

Twenty years ago it was much the same as now; twenty years from now the garish newness will be worn off and it will return to its appearance of gloomy decadence.

People living in other states can form no conception of the vastness and importance of the work performed and the significance of the millions of records and papers composing the archives of this office.

The t.i.tle deeds, patents, transfers and legal doc.u.ments connected with every foot of land owned in the state of Texas are filed here.

Volumes could be filled with accounts of the knavery, the double-dealing, the cross purposes, the perjury, the lies, the bribery, the alteration and erasing, the suppressing and destroying of papers, the various schemes and plots that for the sake of the almighty dollar have left their stains upon the records of the General Land Office.

No reference is made to the employees. No more faithful, competent and efficient force of men exists in the clerical portions of any government, but there is--or was, for their day is now over--a cla.s.s of land speculators commonly called land sharks, unscrupulous and greedy, who have left their trail in every department of this office, in the shape of t.i.tles destroyed, patents cancelled, homes demolished and torn away, forged transfers and lying affidavits.

Before the modern tiles were laid upon the floors, there were deep hollows in the limestone slabs, worn by the countless feet that daily trod uneasily through its echoing corridors, pressing from file room to business room, from commissioner's sanctum to record books and back again.

The honest but ignorant settler, bent on saving the little plot of land he called home, elbowed the wary land shark who was searching the records for evidence to oust him; the lordly cattle baron, relying on his influence and money, stood at the Commissioner's desk side by side with the preemptor, whose little potato patch lay like a minute speck of island in the vast, billowy sea, of his princely pastures, and played the old game of "freeze-out," which is as old as Cain and Abel.

The trail of the serpent is through it all.

Honest, earnest men have wrought for generations striving to disentangle the shameful coil that certain years of fraud and infamy have wound.

Look at the files and see the countless endors.e.m.e.nts of those in authority:

"Transfer doubtful--locked up."

"Certificate a forgery--locked up."

"Signature a forgery."

"Patent refused--duplicate patented elsewhere."

"Field notes forged."

"Certificates stolen from office"--and soon ad infinitum.

The record books, spread upon long tables, in the big room upstairs, are open to the examination of all. Open them, and you will find the dark and greasy finger prints of half a century's handling. The quick hand of the land grabber has fluttered the leaves a million times; the damp clutch of the perturbed tiller of the soil has left traces of his calling on the ragged leaves.

Interest centres in the file room.

This is a large room, built as a vault, fireproof, and entered by but a single door.

There is "No Admission" on the portal; and the precious files are handed out by a clerk in charge only on presentation of an order signed by the Commissioner or chief clerk.

In years past too much laxity prevailed in its management, and the files were handled by all comers, simply on their request, and returned at their will, or not at all.

In these days most of the mischief was done. In the file room, there are about ---- files, each in a paper wrapper, and comprising the t.i.tle papers of a particular tract of land.

You ask the clerk in charge for the papers relating to any survey in Texas. They are arranged simply in districts and numbers.

He disappears from the door, you hear the sliding of a tin box, the lid snaps, and the file is in your hand.

Go up there some day and call for Bexar Scrip No. 2692.

The file clerk stares at you for a second, says shortly:

"Out of file."

It has been missing twenty years.

The history of that file has never been written before.

Twenty years ago there was a shrewd land agent living in Austin who devoted his undoubted talents and vast knowledge of land t.i.tles, and the laws governing them, to the locating of surveys made by illegal certificates, or improperly made, and otherwise of no value through non-compliance with the statutes, or whatever flaws his ingenious and unscrupulous mind could unearth.

He found a fatal defect in the t.i.tle of the land as on file in Bexar Scrip No. 2692 and placed a new certificate upon the survey in his own name.

The law was on his side.

Every sentiment of justice, of right, and humanity was against him.

The certificate by virtue of which the original survey had been made was missing.

It was not be found in the file, and no memorandum or date on the wrapper to show that it had ever been filed.

Under the law the land was vacant, unappropriated public domain, and open to location.

The land was occupied by a widow and her only son, and she supposed her t.i.tle good.

The railroad had surveyed a new line through the property, and it had doubled in value.

Sharp, the land agent, did not communicate with her in any way until he had filed his papers, rushed his claim through the departments and into the patent room for patenting.

Then he wrote her a letter, offering her the choice of buying from him or vacating at once.