The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-25
TITLES IN DOUBT
Herculean Task Before Iowa SEN
ate Judiciary Committee.
VERY DOUBTFUL IF IT CAN CURE
@ Sign Wife's Name Declared
Insufficient.

Special to The Journal.
Des MONIES, Iowa, Jan. 25.-At it's first
session the Judiciary committee of the
Iowa senate has found itself confronted
with one Of the most difficult problems
presented in many years. By recent
decision the supreme court has jeopar-
died the titles to millions OF dollars
worth OF Iowa property. The legislature
rs called upon to make these titles safe,
ana there ls4a very grave question Wheth-
ef 1t can do so. if it cannot, then there
Is almost certain to be long and serious
litigation in many cases.
few months ago the supreme court,
IN decision reported in eighty-seV
Northwestern Reporter, discussed titles
based On the signature by the husband Of
his own Wife's name to a conveyance, the
husband holding "a power Of attorney to
sign his Wlfe's name, In disposal OF her
dover interest. The court held that such
conveyance is not sufficient. The hus-
band may not be authorized, even by a
power OF attorney from his wife, to sign
away her dover rights. Her own sigma
ture must be secured, or the signature OF
some third party, authorized by power Of
attorney. But for such purposes the
husband cannot be delegated the power
by the wife. ~
This decision has attracted wide at
tention. Thousands of titles are based
on such conveyances, it being very COM
mon for wives 10 give their husbands
such power of attorney, in order that
business may be expedited. Until the
decision OF the supreme court nobody ever
dreamed Of these being held ineffective.
To use the Well-Worn figure about the
thunderbolt from a clear sky is none too
strong suggestion of the effect which
was produced in the state when this de-
cision was made known to the lawyers.
Aside from them, and the comparatively
small number OF business mem whose at
tention it has been called, little is yet
known about it,, But the lawyers are ia
miliar with it and appreciate its signif-
canoe. ~
A Legalizing Act.
| At Its meeting yesterday the senate
committee instructed Chairman Healy tc
| draft a legalizing act to legalize titles
| jeopardiZed by this construction. But
| here comes another question. Can the
legislature by such an act quiet titles thus
! affected There is a difference Of opin-
ion. Many members suspect that the
| best legalizing act that can be passed will
| be incompetent. The committee will fine
itself compelled to begin with careful
study of legalizing acts and precedents
fixed by courts concerning them before
it will dare draft measure. 1t is O.
| LA0 uIIlOoL 1IApOl IcaACC, Dot NAAotAAct - -
possible to legalize such titles is doubt
! full.
| Question of Precedence.
Educational interests are likely to have
a contest this session as to what meas
ures are entitled to precedence. There
! have already been introduced two of tirs
| Importance. One is compulsory FREE
text book bill by Hazelton, Of Pottawat
TAME, who is backed by the united labo
of the state in general. Another is
| house bill by Powers, to provide tina
Eschool districts may give free transporta
ton OF pupils when they deem it best t.
close their schools and send them to SOM
adjacent. district. This is, however no
the most important feature. There is
| compulsory clause providing that Whe1
the average daily attendance in "a distric
falls, for a period of ten days, below tel
pupils, then the board shall arrange TO-
| closing Che school and transporting pupils
| to some other school.
State Superintendent Barrett, the State
Teachers association, and the educa tiona
| leaders generally, want some bill enbody
| ing the features Of the Powers measure
passed. They want it broader, however
They want provision for consolidation o
rural subdistricts and general free trans
portation on the district township basis
| They do not want to press the free tex
book matter now, fearing it will collid
with the other and ruin the prospect o
| all.