The San Francisco call., 1906-05-21
STEP
To FIX TITLES
MerchantsRecommendthe the
Use Of Abstract Com
panies Records.
Amendment to the Civil
Code Is Suggested by
Association.

The Merchants Association has
adopted resolutions advocating the
amendment of the civil code to pro-
vide for taking the books, maps and
other memoranda Of abstract and title
insurance companies for the purpose
of reconstructing the destroyed public
records of land titles in San Francisco
that were burned, and has recon-
mended that this subject shall be in
Of the Legislature.
The following is the preamble and
resolutions adopted:
Whereas. On May 9. 1906, the Mer-
chants Association of San Francisco ad
dressed and mailed a communication to
the California Title Insurance and Trust
Company and to the City Abstract Com
pany and to the Title Insurance and
Guaranty Company as follows, to wit
'At a meeting of the directors OF the
held yesterday afternoon. the condition
of land titles in San Francisco was one
OF the subjects under discussion. partic-
ularly as affected by the loss of so many
of the records formerly contained in the
Recorders office. The record evidence
of deeds. and more particularly of mort
cages IT was understood, have been
largely destroyed.
aAs it has been your good fortune to
save your maps and other memoranda
affecting land titles in this city, you
have the information and data from
which. under a proper enabling act. the
public records of land titles in San Frah-
cisco might be reconstructed
I'VE would. therefore, urge upon YOU
that you offer the use of your memo
randa for this purpose, so that your Of
fer may at once be received by the proper
authorities and form the basis upon
which to draft proper enabling statute ;
and.
Whereas. One of these companies has
already replied to this communicate ton sig
nifying its general approval and accord
with the suggestion therein contained, and
we hope and expect similar replies from
the others; and.
Whereas, 1t is of the utmost impor-
tance that the public records Of land IT,
ties be reconstructed for the benefit of
all; and,
Whereas. 1t is only Just and right
that there be public records of land titles
open and free to the use and inspection
of all citizens; and
Whereas, the memoranda, books and
maps of the foregoing abstract and title
insurance companies should be made le-
gal evidence Of transactions affecting land
titles; and,
Whereas, BY the laws of this State
eminent domain is defined as the right
of the people or government to take pri-
vate property for public use" &C. c. P.
1870; now, therefore. be it
Resolved That the books. maps and
other memoranda of such abstract and
title insurance companies. under proper
dence of land titles; and be it further
Resolved. That this association advo-
cate the amendment of such sections of
title of the Code of Civil Procedure of
this State on eminent domain may be
necessary to include therein the books:
maps and other memoranda of abstract
and title insurance companies, among
them the private property which may
upon giving proper compensation. be
taken by the people for a public use fol
the purpose of reconstructing therefron
destroyed public records Of land titles;
and be 1t further
Resolved That this is a matter OF
sufficient Importance to justify its being
included within the subjects for action al
the special session of the State Legisla-
ture now In contemplation, and that this
association urge that this subject be in
cluded within the proclamatio whereby
the Governor is about to call such special
session of the Legislature.
Resolutions have also been adopted
indorsing the proposed repeal of the
mortgage tax and recommending a
drawback on import duties on building
material for San Francisco The as
sociation also recommends the reduc-
ton of the width of sidewalks on all
streets south of Market.