The San Francisco call., 1906-07-12
MERITS OF TITLE
STATUTES ARE
DISCUSSED.
Criticisms of Torrens Meas
ure Cause Attorneys to
Advance Defense for 1t
LAW is HELD GOOD
Act Of Last Legislature De-
clared Sound and Rapid
in Re-establishing Records
LAW is HELD GOOD

After a decidedly strenuous meeting
yesterday afternoon the members OF
the San Francisco Real Estate Board,
who had gaJnered at Calvary Presby-
terian Church to hear the merits OF the
Torrens land act discussed, left the
building undecided as TO its efficiency.
The act, which was passed by the Cali
fornia Legislature several years ago,
provides for the certification OF land
titles and the simpliheation OF the
transfer of real estate.
In the discussion over the efficacy OF
the Torrens act, the advantages and
Disadvantages OF what is known as the
McEnerney act, passed at the recent
special session OF the State Legislature
were fully aired.
This act provides for the direct
Quieting OF title on lots by a Judg-
ment OF the court after ninety days
have elapsed and no other claimants
have come forward TO dispute the title
Garret McEnerney was billed to ap-
pear and explain the efficacy Of his
measure. but he could not be present,
and Assemblyman z. F. Treadwell,
who introduced IL, spoke in its behalf.
ToRRENS ACT IN PAST.
The meeting was presided over by
The first speaker was United States
District Attorney Robert T. Devlin.
who explained the history and work
ings Of the Torrens act.
The fireworks did not begin, however,
until Treadweu took the rostruIn. fol-
lowing Devlin. Treadweu began by
saying that the principal question that
confronted the real estate men and
property owners today was that of
clearing the land titles Immediately
He continued:
II is not what we are going 10 do
with the Torrens act that is most i'm
portant, but what we viii do TO clear
the titles that have been clouded by the
late disaster There has been great
difficulty in the past with the Torrens
land act and the system has been a
failure, in a large degree. wherever 1t
has been tried. We must place in the
hand OF every man and woman 4 record
OF title as good as new. To accom-
Plish this an act was passed at the
last Legislature, known as the Nc
Enerney act.
GOOD TITLE UNDER NEW LAW.
After a judgment has been made by
the court Following period of ninety
days advertisement for possible claim
ants the property owner has absolute
title 10 the land for all time. In part
this is the same as the Torrens system.
IN that II establishes the status of the
property.
The second part Of the Torrens act.
70 which there is strong objection,
places IL within the power Of a care
less deputy recorder TO incumber your
property. The act in this State is ten
years old and has never been of use.
It is used in small measure in Chi
cago by executors and trustees who are
compelled by law 10 observe its pro-
visions It was imported from the
South Sea Islands and has been of no
material assistance. / believe. how
ever, that Mr.. DeVlin could frame an
act similar TO IL that would meet the
requirements
ATTACKS NEW STATUTE.
Gavin McNab took the floor to speak
IN favor Of the TOrrens act and to
take q whack at the McEnerney bill,
which both he and President Howell
opposed strenuously before the COM
mittee that framed the Governors call.
AIcNsb declared the Torrens act ready
for use and said that the McEnerney
act must be pronounced constitutional
by the State Supreme Court and the
United States Supreme Court before
the property owner could trust himself
with it. He added that with I5O, 600
title cases and but twelve Superior
Court departments 1T would be a physi-
cal impossibility to quiet title by judg-
ment
The Torrens act was explained by
Mr.. Devlin. who said that funda-
mentally il amounted to the placing of
titles TO property in the same position
as shares OF stock. The titles could
become negotiable and transferable
and property would have a quick
medium Of exchange.