Wichita eagle. [volume] (Wichita, Kan.) 1886-1890, 1888-03-14
ANOTHER MONOPOLY.
An Attempt by the Register Of Deeds to
Monopolize the Abstract Business OF
the State-How to Prevent it.

UQ0 OUdI0-14oW W hAOSSA1s
To the Editor of the Eagle.
The business Of abstracting titles to
real estate is as well established as any
| other legitimate enterprise in the cOun-
try. In Kansas alone millions of dollars
are invested and thousands of people en-
gagged in the compilation of private abb
stract records. In cases where the pub
lie records have been destroyed by fire,
as happened in the great Chicago fire,
| and in dozens of other instances, private
distract records have been the only
means by which the titles could be es-
tablished to real property, worth in the
aggregate, hundreds Of millions OF dol
lars. In this age Of Kansas pros
perity, when its real estate and
| real estate mortgages are eagerly
sought after by the capitalists OF the
world, abstracts of titles are as much
a necessity as brokers' drafts. A mo-
nopoly of the abstract business would,
therefore, be mine of wealth to the mo-
nopoist, but a terrible curse to the pub
| lie.
! A scheme has been inaugurated by the
registers Of deeds in Kansas to concen-
trate the immense and rapidly growing
business in their own hands, and shut
off all competition by refusing all other
abStractorS the right, which the law
gives them of examining the public rec
ords and taking therefrom such memo
randa as is necessary in making alb
stracts and compiling abstract records.
This scheme Is now actually In opera
ton in Lane, Scott Wichita, johnson
| and other counties, and if allowed to
prosper in these, it will soon be extend
ed over the other counties Of the state.
And then all the private abstract
records now in existence, will
| be rendred valueles and who
ever wants an abstract of title will be
obliged to go to the register of deeds and
pay him whatever fees he demands, as
such fees are not regulated by law. But
happily this oppression can be prevented
by prompt action on the part of those in
authority before the monopoly has grown
| too powerful to be restrained. The SUI
preme court. in the case of Carmack vs..
the Register of Deeds of Russell county
decided in the fall OF 1887, refused to
compel the register to allow the clerk
of an abstract company, who was max
ing himself obnoxious, to put desk in
the registers office and monopolize his
time and attention continuously for
months at a time while he copied the en-
tire records of the county. This decision
the registers have made the pretext or
excuse for monopolizing the entire alb
stract business; and they claim that the
decision gives them monopoly of it.
Attorney General Bradford appears,
however, to be Of a different opinion
as may be gathered from the following
extract from letter written by him and
published in the Lane County Herald
March s, 1888:
Our abstract men are considerably in
dignant; they feel, and justly so, that
our register of deeds does not tote fair
and that all law being founded upon
common sense and justice, does not give
the register the right which he usurps in
choking them off from the records,
thereby running monopoly himself on
all abstract business for the county. Our
register is little off his base, as the
following letter from Attorney General
Bradford will show:
81 am aware that the recorders of deeds
throughout the state are misinterpreting
the opinion Of the supreme court on the
subject of the Use of the records by alb
stractors and others, they seem to con-
| strue it or at least some of them so as to
| give them monopoly of the abstracting
business in their respective counties. A
recorder of deeds as such in his official
capacity is not the public abstracter for
the county; in fact ne has no more right to
monopoliZe the books for that purpose
than any one else. It's true the court held
that the books were placed in his charge
for safe keeping but the law also provides
that they shall be open to the inspection
of the public The supreme court says
that he may prescribe rules governing
the use of the books by abstracters and
by the public. They hold that an abstract
er has no right to monopolize the use Of the
books SO as to hinder and delay the officer
in the discharge OF his official duties; they
hold that the books are in his charge and
that it Is his duty to superintend the in
spection of the books either in person or
he may designate time during business
hours when the books may be inspected
and when the abstracter may be allowed to
examine them for the purpose of COMPARE
son, but it nowhere holds that they can
prevent the use of the books by persons in
the abstract business"
The records of deeds are public prop
erty. They are for the purpose, among
other things, of giving notice to the
world of the condition of real estate
titles. The law provides they shall be
open for the examination of every per-
son. If the registers deny the
public access to the records they are
guilty of oppression and abuse
Of authority. If they make abstracts
and private abseract records from the
public records lii their custody and de-
prive others of the like privilege they
are guilty of partiality and misconduct
in office. To prevent these evils sections
201 and 200 of the criminal code Were
enacted, which provide that every per-
son, holding any Office of public trust,
who shall be guilty of willful and mali
cious expressions, partiality, misconduct
or abuse of authority in his official ca
pacity. or under color of his office. shall,
on conviction, be punished by imprison-
ment in the county Jail for term not
exceeding one year and fine not exceed
ing 81 900, and shall be forever dis
qualified from holding any office of
honor or profit under the laws of this
state and from voting at any election"
Whenever the registers attempt to
monopolize the public records for their
private gain the county attorneys should
see to it that the above provisions of the
statute are promptly made etfectual, and
thus throttle in its inception the present
attempt to build up monopoly by the
destruction of the property and ruina-
ton of the business of long and well es-
tablished abStracters.
JOHN MUCKLE.
THE COST OF THE REBELLION.