The San Francisco call., 1896-02-17
Comm ents Upon the Torrens Land
Title System by J. ].
DWyer.
REVIEW OF THE RECORDS
Architectural Tastes as Expressed by
Public and Private Build.
ingS.

|
ing real estate values. Owners are taking
vast interest in the cleverness and ability
OF architects. The merit of plan and the
dignity and simplicity of the composition
OF an elevation receives distinguished con-
slderation in this day and generation.
Apropos OF the new municipal building
to be erected upon the site of the old City
Hall, attention is directed to that quarter
OF the City once more. Time was when it
was the City and Market street was a Sc
ries OF sandhilis. During the period of its
original prosperity there were erected
within its precincts many buildings OF
| good architectural design. Some few, the
old Globe Hotel for example, have not
been surpassed as far as correct principles
OF architectural composition are con-
cerned, by even our newest and latest
buildings uptown.
1t is curious and an amazing study to
trace the development of popular taste, as
expressed by public and private buildings
erected at different periods in the progress
of the improvement of the State
The earliest efforts were, OF course, the
Old Missions. Their charm rests entirely
in the fact that their builders recognized
the value of sim plicity and were influenced,
as lar as detail was concerned, by the Mex
lean and Spanish classic renaissance.
Next came the buildings of the pioneer
days-mostly well designed and undoubt-
edly owing their origin to the influence of
French renaissance. Then came the bo-
nanza days, when pure and simple lines
fell into dlsrepute and yulgarity reigned
supreme.
This phase was quickly followed by the
bay-window. Queen Anne, Eastlake, old
colonial, up-to-date nonsense. All this i'll
considered, hastily constructed and igno-
ruya = ttNy xtro Il l.
upon real estate values. Thoughtless peo-
pie who have biindly copied and initiated
the grotesque mistakes of others are suf-
ferlng the consequences. 1t is unparalleled
IN the history OF the world that fad
should influence building to the detriment
OF architecture to the extent that it has in
this country. Within the last twenty
years succession of fads have swept over
the country, leaving grotesque ruin and
absurd desolation in their wake. The Cen
tenniaI Exhibition of 1876 began the craze
and it remained for the World Fair of
1893 to break its back
AT last, however, it is becoming the
fashion to consider architecture as some
thing more than a fad. However, for sew
eral years 10 come we must expect to see
occasional survivals of the Ignorant age"
1t will die hard. because it brought into
existence an army of initiative builders
ana speculative owners. Many of them
take their ignorance seriously, SO it is nat
ural to expect them to give way stubbornly
AS Tor converting them, that is a matter Of
education, and it is hard to teach an old
dog new tricks.
THE ToRRENs LAND-TRANsFER SYSTEM.
J. J. Dwyer, an attorney OF this City who
has given the subject of land titles great
deal OF study, in the following commune
cation on the Torrens land-title system,
takes issue somewhat with Warren Greg
ory. whose able article upon that system
as adopted in Cook County Ill.,, appeared
week ago In THE CALL in the real estate
review:
summed up as follows:
In the first place judicial examination and
determination OF the present status of title.
Secondly, the registration of that title in the
suitable books in public hall of records.
Thirdly, the transfer from hand to hand of
such registered titles under the supervision of
an officer whose duty 1t would be at the time of
each transfer to determine conclusively uDon
the validity OF all questions involved.
rms system is some forty years old in the
place where 1t was devised, South Australia
Its working features are very little known in
America, except by few specialists who have
investigated the matter; and l see by compe-
tent authority that even in Australia the svs-
TEN has not yet come into general use.
l have seen the statement made by eompe-
tent authorlty In report that was made by
the House of Commons in England by a com
mittee that was appointed to investigate the
particular workings OF this system in Aus
tralla THAT the anticipations which were
formed when the act was passed OF benefit
that would likely accrue from its general
adoption have in no sense been realized and
running through period of thirteen months
out Of ten or fifteen hundred transfers only
seven, or q little more than one in two months
were made un0er the act and the act might
therefore be considered a dead letter."
The system has never been tired yet in any
American State so far as an aware, although
lit has been introduced in several of the Legis-
aatures OF different States. The system was
odopted in Cook County, H., last wear and of
course any one interested in the workings OF
ahe same will watch its operation with great
"ttention.
do not mean to say that there is no virtue
in the system, as adopted in that county, but
DO consider that there are various restrictions
imposed by the National and State constitu-
tions. II any statutory legislation in the
United States should adopt the Australian
statute as Torrens devised it, it would be de-
clared unconstitutional by our courts, and in
order to make IL working system here it
would therefore be necessary 10 alter some of
the fundamental principles of constitu-
tional law.
Under the Torrens system, when title is
once registered 1T passes to a purchaser by en-
try on the proper register, and the act of
the Registrar is regarded as conclusive
against the claims of all third parties;
but such system would not be ope-
rated here for the reason that the proceedings
would be had without our jurisdiction, which
provides that man should not be deprived of
is my opinion that if you want to avoid that
constitutional violation, it must De done
either by changing fundamentally the consti-
tutional system of the United States, or else
there must be virtually lawsuit over any
transfer OF property under this system, which
would make 1t so expensive that it would
break down of its own weight.
The statute proposed, based upon the Tor
rens system, for enactment by the last session
OF the California Legislature would practically
bring about exactly that state of affairs, viz,
lawsuit in any transfer of property under the
Torrens system, which, of course, would reduce
the thing to an absurdity.
There is one feature of the Torrens act which
commends itself to everybody instantly and
that is that 1t presents certain methods OF
giving title what you might call start, be-
hind which it would otherwise be neces-
sary to go in examining the validity of the
title.
In this City, for example, for almost every
piece OF property, searchers must run the title
back 10 the beginning OF the American occupa-
ton. That, OF course, seems q very long time
but when compared to what searchers must do
in other States where titles are very much
older, it is quite q short period-only about
forty-five years-but in this City it is very
great expense, especially with small lots, to
run the title back to 1S49.
Very frequently abstracts of q twenty-five
foot lot worth about $1,000 or $500 will cost
from $50 to $50. Add to this q lawyers fee for
passing upon the title and it brings the ex-
pense up to from $50 to S75, which of course