The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-02-18

person learned In the law to examine and
make an abstract of his legal title to the
land which is to be hypothecated, and also
to pay one or more appraisers of the land.
This would be difficult as well as onerous.
When copy of the application is flied with
q description of the land in the Office of the
Recorder OF the county in which the land Is
situated 1t IS to constitute, without other
record, the par amount of the lien upon the
Same against all subsequent purchasers and
membranes. In many States homestead
rights have been created, and in some States
attachments and recorded judgments of their
courts create a lien upon real estate, but be-
yond this only deed strictly according to
the statutes of the State will create any lien
or cancel any lien or mortgage, and the
authority of Congress to add to or diminish
what shall De the paramount lien upon
real estate will be everywhere disputed. In
cases of foreclosure it is proposed that the
lien shall continue until the money is Sc
cured with interest and costs and the legal
charges of collection have been fully repaid
and satisfied"
NO PROTECTION AFFORDED.
The attorney and counsel fees are to be 8
per cent, but in no case to exceed $500. Tie
certificate of the Bureau chief, when sthe
loan costs have all been paid, is to be sent to
the Recorder and operate as the discharge of
the lien, but when loan has been dimin-
lShed or again increased, no means of
ascertainment of the amount of the lien
appears to be provided. As attorneys
would be employed at the different counties
of State, they would be such as would be
Wiling to accept the fees provided by law.
In cases OF foreclosure, the law and courts
do not give final possession of the property
TO the plaintiff in less than two years, and
there Is no provision made as to what the
Government shall do with any lands should
any fall into its possession; whether to
keep 1t, sell it, or give it away in free home
steadS, and IL is prOboble that the Govern
L., az
owner OF unsuitable real estate. Any person
not citizen, but who has declared his in-
tention to become such, may apply for a
loan and Treasury notes, if he is the owner
of unincumbered land. That land may be
only 160 acres, just entered under the hume
stead law. This would seem rather too
paternal.
A PECULIAR PROVISION.
Section ~ of proposed sbil provides: If
upon the land described there is an existing
lien or incumhrance to an amount less than
the loan sought and granted then the land
shall be deemed unincumbered. But in
stead OF paying the amount loaned to the
applicant the lncumbrance is to be paid off
and charged TO the applicant. This throws
upon the Land Loan Bureau the additional
labor. responsibility and expense of trans
mlttlng funds to pay eff membranes, and
also Of obtaining Its legal cancellation.
The last section declares "the rule of COM
mon law and the statue in derogation there
of, are to be strictly construed and shall
have no application to this act" This rule
is, however. only applied to the criminal
statutes, while the other general statutes
are-construed according to their plain and
obvious meaning, when read by a man of
ordinary intelligence. The proposition here,
therefore, Is unnecessary, and would seem
only to invite latitudinarian construction of
the act. Some of the minor objections to
the bill might perhaps, be removed by
amendment, but the objections to its SUBJ
stance, constitutionality and to the princi-
pie involved are ineradicable. The CON-
mittee. therefore, reports adversely upon
the bill, and recommends its indefinite post
ponement.