The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-03-22
SAVE THE MEASURE.

The excellent measure introduced by
Senator Snyder, of Hennepin, in the
present legislature, providing for the
adoption of the Torrens- system of land
titles, is threatened with the same fate
which has attended the like measure in
preceding legislatures. A report from a
legislative committee without recon-
incubation" usually involves a serious
blow at the measure affected This is the
situation at the present time of Sena-
tor Snyder's measure. It is without the
approval of the committee to which It
was referred, and its fate may be easily
foreseen unless some serious effort is
made to secure it's enactment.
The measure is one which can result
only in the public gain There is no
private interest which will be promoted
by its adoption and there are not few
such interests which will be injuriously
effected thereby. Save the author of the
measure alone there is no one who, up
to the present has shown any marked
disposition to advocate it's adoption
Like most other meritorious public pro-
posals it is liable to die of inanition.
The Torrens system which Senator
Snyder seeks to have put in operation
in Minnesota puts an end at one stroke
to most of the expense and all of the
uncertainty which now attend real estate
transfers. Such being its effect it will
of course be opposed by abstract COM
paDies, by money loaners, and by the
number of other private interests which
thrive on the involved, uninteIigent and
generally unintelltgible system which
now prevails.
We know no class in the community
who might make the adoption of this
measure a matter of special advocacy
unless it be real estate dealers. who will
naturally be anxious to promote the
speedy and inexpensive transfers of real
property. If the real estate dealers of
this city and Minneapolis would spare
enough time to go in a body before the
legislature and demand the enactment of
this measure it's defeat can be prevented
even at this stage of the session. IndI-
Vidual owners of real property cannot, of
course, no matter how much they may
desire the adoption of this system, be
expected to concern themselves actively
IN having the measure adopted; but 1t is
to their interest, really more than that
OF any other class whatever, that this
bill should become a law.
How much better it would be to hold
real estate under a certificate of the
state, showing it's title to be absolutely
In the hands of the person seeking to
make the transfer, and to have that
same form of title conveyed to the pur-
chaser than to continue as today at each
successive transfer having separate ex-
animation of title made, ana having the
delay and expense which are entailed in
rendering that title acceptable to the
proposed purchaser. 1t is this end
which is sought to be accomplished by
Senator Snyders bill, nor is there any
obligation under its provisions for the
owner of real estate to have his title
registered so as to entitle him to the
state certificate. That is left OPTIONAL
with him. If he prefers the old way he
may adhere to it. If he prefers the new
all ne has to do is to apply to a court
specially established for the purpose to
register his title and to have it authori-
tatively declared against all possible
claimants what his title is and what are
the liens, membranes or other qualif-
cations which may exist as against an
absolute unincumbered title in fee sim.
pie.
Section seven of Senator Snyders bill
may be quoted as showing in compen-
dious form the operation of the applica,
ton thus made and the power of the
court with reference to the title. That
section is as follows:
be made to the district court in the coun.
" where the land is situated, or to the
district court in the county to which il
Is attaehed Tor judicial purposes; saic
the condition of the title to and any
interest in the land, and any lien or in.
cumbrance thereon and to make all or.
ders, judgments and DEGREES as NAV he
necessary to determine establish ana
declare the title or interest, legal on
equitable, as against all persons known
or unknown. and all liens and incllm-
Frances thereon. whether existing BY
law, contract, judgment mortgage. trust
0eea or otherwise. and to. declare the
priority as between the same, and to re.
move all clouds from the title. and fo,
mat purpose the said court shall be al.
ways open, and such orders judgments
and DEGREES may be made and enfere6
as wen IN vacation as in term time.
Once this action is taken a piece of
reai property becomes q tangible asset.
which may be transferred with Just the
same facility as any piece OF personal
property. Change of possession carries
with it change OF title. That which the
grantor has he can give to the grantee,
no more and no less. What he has the
state has by law defined, and no one can
dispute his claim TO having SO much. Or
his power to transfer that much to
another, neither then or at any future
time. OF course tho Gisrosition to hold
on TO antiquated forms will always exist.
independently even of the pecuriary in