The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-30
REFERENDUM IN ILLINOIS.

The referendum as an element of leg
islation is about to be resorted to in
Illinois in connection with the adoption
or rejection of the Torrens land title
bill. The bill has passed the Iegisla-
ture of the state with an emergency
clause which will permit the people
of any county desiring to do so to vote
on the question of its adoption at the
first election which shall occur. As
there is a judicial election in Cook
county in June the people of Chicago
viii have an opportunity at that time
to adopt or reject the law. The Real
Estate board of that city, having been
the chief factor in securing its passage
by the legislature, there is little doubt
of the ability of its members to secure
its adoption.
The bill is a copy of the law passed
two years ago except that it strikes out
the provision which vested the regis
trar of titles with power to pass upon
titles. This provision was declared I'M
constitutional by the courts on the
ground that it vested a ministerial of
fcer with judicial functions. The bill
provides for a proceeding in a court Of
chancery to pass upon applications for
the initial registration of titles No
terest- The statute of limitations is
reduced from five to two years and be
gins TO run with the date of entry of
the decree.
This ends an eight-year contest
in behalf of the system carried on by
the Real Estate board.
The TOrrens land scheme was intro
duced to the Chicago Real Estate board
by Mr.. Sheldon. A committee was
sent to Springfield to urge the passage
of a joint resolution of the senate and
house for a special commission. They
were successful, and eight years ago
Governor Fifer named a commission.
Two years later they made to the Thir-
ty-eighth general assembly a most ex-
haustive and favorable report. includ-
ing a bill for an act making the Tor
rens land title system applicable to the
entire state. The bill passed the SEN
ate and lacked only seven votes of
passage on the third reading in the
house
Although disappointed, the members
of the Real Estate board We're not dis
couraged. After weeks of hard work
and attendance at Springfield a new
bill was passed and signed by Gov
ernOr AltgeId and submitted to the
the fall election, November s. 1895. The
vote on the proposition was large, be
ing 50. COL in favor and only 468 against
it. After that the matter came before
the county board and means were pro-
vided to put the system into operation.
In few months 100 titles had been
registered and then a test case was car
ried to the supreme court and by the
close vote of 4 to 8 the law was declared
unconstitutional In December, 1896,
for a third time the Real Estate board
took up the fight. The old Torrens
committee was appointed and given full
power to act, with instructions to pre-
pare a bill to meet the views of the su-
preme court and to present the sub
ject to the legislature again.
Lawyers pronounce the bill now about
to become a law to be constitutional
It has been said that the operation
of this system will save a needless ex-
pense of more than 81, 600, 600 a year to
the people of Cook county. A new fea-
ture of the present bill is to reduce
the time that must elapse between the