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 corners, 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 title 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 titles, 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 title 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 title 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.
He received no reply.
One day he was looking through some files and came across the missing certificate. Some one, probably an employee of the office, had by mistake, after making some examination, placed it in the wrong file, and curiously enough another inadvertence, in there being no record of its filing on the wrapper, had completed the appearance of its having never been filed.
Sharp called for the file in which it belonged and scrutinized it carefully, fearing he might have overlooked some endorsement regarding its return to the office.
On the back of the certificate was plainly endorsed the date of filing, according to law, and signed by the chief clerk.
If this certificate should be seen by the examining clerk, his own claim, when it came up for patenting, would not be worth the paper on which it was written.
Sharp glanced furtively around. A young man, or rather a boy about eighteen years of age, stood a few feet away regarding him closely with keen black eyes. Sharp, a little confused, thrust the certificate into the file where it properly belonged and began gathering up the other papers.
The boy came up and leaned on the desk beside him.
'A right interesting office, sir!' he said. 'I have never been in here before. All those papers, now, they are about lands, are they not? The titles and deeds, and such things?'
'Yes,' said Sharp. 'They are supposed to contain all the title papers.'
'This one, now,' said the boy, taking up Bexar Scrip No. 2692, 'what land does this represent the title of? Ah, I see 'Six hundred and forty acres in B---- country? Absalom Harris, original grantee.' Please tell me, I am so ignorant of these things, how can you tell a good survey from a bad one. I am told that there are a great many illegal and fraudulent surveys in this office. I suppose this one is all right?'
'No,' said Sharp. 'The certificate is missing. It is invalid.'
'That paper I just saw you place in that file, I suppose is something else--field notes, or a transfer probably?'
'Yes,' said Sharp, hurriedly, 'corrected field notes. Excuse me, I am a little pressed for time.'
