The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-10-23

court; in others because the state con
stitution. but il has been tested before
Tie supreme court OF Massachusetts
md has gone to the supreme court OF
the United States in the case where.
IN the supreme court of the United
States has said that il complied with
he due process Of law Of the land
aud that it did not violate the consti.
tuition Of the United States, if ii did
lot violate The constitution of the
state. 1t was declared unconstitn.
iOnal in Illinois because there was in
licial powers placed upon the clerk,
tlthough il IS in force IN a defective
way in Cook county. Illinois, and yet
hold before me a book from a real
estate dealer or Illinois in which there
ire the names of some 800 business
men, bankers, real estate dealers.
ailroad magnates, capitalists and
)ther citizens. OF Chicago all stating
hat they wore satisfied with the Tor
ems land certificate under the Hi
lois plan, even in It's defective form
2ailfoad presidents say in this book
ct that they would accept Touens
and certificate in preference to war
'ahty decd backel up by bond 90
guarantee title because II is safer and
IS YOU know bonds are supposed TO
tho safest Thing in tfe business
world
Now a word as to WHY the consiitu
ion OF Oklahoma should be amended
md / want to say in that connection
hat from the floor of the Sequoyah
convention | had this provision put in
the Sequoyah constitution. From
he floor of the constitutional eonyen-
ion OF Oklahoma | tried to have !.
,ut into the constitution of our state
ut failed because ] didn't have votes
,nough To establish the system
lightly requires the establishment Of
court. II necessary, with power OF
otL original and supreme jurisdiction
court for that specific work. It re
uires the express authority of con.
erring certain semi-iudicial functions
pom the keeper Of the titles; 1t re
luires express authority for the state
guarantee title All OF these diff
erent requirements are at least
uestionable under the Oklahoma con
,titution and certainly the constitu
ION prohibits the creation Of any
curt except courts inferior to the sa
reme couri
Now a word to the guaranty prop
sition, one might say that 1t is sub
ect, and the charge has been made
liability OF bankruptcy itself "a
uarantee these titles. The method
( guarantee IS similar to the bank
Guarantee law enacted by this legis
lture. that is, when the suit is filed
clear the title certain very sinai
ier cent lin Massachusetts one-half Of
ne mild of the value of the land Is
nut into fund known as a "Torrens
Guaranty Fund and remains there
With which 10 pay the owner should
he court make mistake in the land
fter It is registered. The real owner
night turn up and prove that the
ourt erred in its decision. but hc
yould have to do this in the limit OF
ime Gin most laws within two years)
T he Is forever barred from bringing
he suit II he should do so he cant
ecover the land, but from this guar
mty fund he is paid the value that
placed upon the land at the time
he title was cleared up by the court.
we continue the present method
nd we will have to do so unless we
mend the state constitution, of loan.
liz the school fund on real estate we
will run into extreme danger of hos
ms a lot of that fund unless we had a
cry certain system such as the Tor
rens Land System would afford rs.