The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-09-25
CONTINUED from Page 2.

usually made by the register OF deeds.
Now opponents Of this system when
they make an argument against it they
begin TO recite that it is declared un.
constitutional in Illinois and Ohio.
Yes, that is true. True because there
was some kind of sympathy, in one
instance, between the lawyer and the
court; in others because the state con
stitution, but it has been tested before
the supreme court of Massachusetts
and has gone TO the supreme court OF
the United State n the case where
IN the supreme lrt OF the United
States has said that it complied with
the due process of law OF the land
I and that 1t did not violate the consti-
tutioli OF the United States, If it did
not violate the constitution. OF the
state. II was declared unconstitu-
tional in Illinois because there was ju-
dicial powers placed upon the clerk,
although 1t is in force in defective
way In Cook county, Illinois. and yet
hold before me a book from a real
estate dealer OF Illinois in which there
are the names of some 500 business
men, bankers, real estate dealers,
railroad magnatcs, capitalists and
other citizens OF chicago all stating
that they we're satisfied with the rOs.
rens land certificate under the Hi
nois plan, even in its defective form.
Railroad presidents say in this book
LEI that they would accept a rorrens
Land certificate in preference TO a war
tanty deed backed up by bond 70
guarantee title because IL is safer and
as YOU know bonds are supposed 10
he the safest thing in the business
world
Now a word as to why the constita.
ton of Oklahoma should be amended
and | want TO say in that connection
that from the floor of the Seqnoyah
convention ! had his provision put in
10 the Sequoyah constitution From
the floor of the constitutional conven.
ton of Oklahoma tried 10 have il
put into the constitution Of our state.
bur failed because | didn't have votes
enough TO establish the system
rightly requires the establishment OF
"a court If necessary, with power OF
both original and supreme jurisdiction,
a court for that specific work. il re
quires the express authority of con.
ferring certain semi-judicial functions
upon the keeper OF the titles; II re
quires express authority Tor the state
10 guarantee title All of these diff
ferent requirements are at least
questionable under the Oklahoma con
stitution and certainly the constitu-
& h, NJ On
court except courts inferior TO the su-
preme court.
Now word to the guaranty prop
osition, one might say that IL is sub
ject, and the charge has been made,
to a liability of bankruptcy itself 10
guarantee these titles. The method
OF guarantee is similar TO the bank
guarantee law enacted by this legis-
lature, that is, when the suit Is filed
TO clear the title certain very small
per cent (in Massachusetts one-haif 81
one MILL of the value OF the land Is
put into fund known as a "Torrens
Guaranty Fund and remains there
with which TO pay the owner should
the court make a mistake in the land
afterit is registered. The real owner
might turn up and prove that the
court erred in its decision bur he
would have to do this in the limit OF
time lin most laws within two years.
or he is forever barred from bringing
the suit II he should do so he can't
recover the land, but from this guar
anty fund he IS paid the value that
is placed upon The land at the time
the title was cleared up by the court.
II we continue the present method
and we will have 10 do so unless we
amend the state constitution, OF loan
ing the school fund on real estate we
will run into extreme danger OF los
ing a lot OF that fund unless We had a
very certain system such as the Tor
rens Land System would afford US.
We need the system in Oklahoma for
that reason more than any other. For
another season the titles are young,
that Is, transfers have been made but
short time. We could start out issu.
ing certificates upon the three million
acres of school land and by that
means start big heavy acreage under
the system Al pracneally no expense.
We could take the allotted lands and
do. the same way SO there would be
absolute certainty AZ 10 their lille aa1
within a generation every piece 81
land ia the state would be carried
inio the court and iis lille cleared up
by itsell when the school fund being
loaned upon that would thna be- pro
tected In brief the Torrens' Land
system Is anick. Inexpensive, GER
tain method Of asceriaining titles and
quick easy method of tfansters
You will observe That the amend
nleni proposed IN his resolution does
not compel the Legislature OF The reo
pie OF The state 10 enact The system
1 ia this stale merely gives the legisla.
ture power 10 DO ii, or The people 10
do Il by initiative petition II the legis
lature refuse, and thereby render q
constitutional and give the syslem ID
u. not crippled as u Is in Ohio, llli