The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-09-29
IS IS IS & X X IS e 81 So s. s. # g e 3Ss 3 " 6 # = y g # # Is Is 81
THE TORRENS
LAND SYSTEM /.


would say I would like TO Submit that
70 my euurbes first; and perhaps az
the end OF a week he might get an
opinion and then refuse the loan. but
If he said It's Torrens' he would say
let me see the certificate. The mo-
ment he looked upon the certificate
he knew every condition OF the title
without a single cent or expense. Now,
the only thirg he would want to know
would be the kind of land or about
what the land was worth II he knew
Of the land he would be ready then,
as he would ever be, TO make the loaa
because he would know the whole
power OF the state was behind that
property to protect the title. Now
suppose he would loan the $4,000,
the owner would have that certificate
cancelled on the clerks records and
new one issued to the owner whom
we viii suppose to be Representative
aainey here. on the face of that Ger
tificate issued to Rainey, would be
this statement: &c. W. Briggs holds
first Hen for the sum of 10000 on
this tract OF land" Then il Mr.
Rainey would show that certificate t1
anyone II could be seen easily what
the condition OF the title Is. that Is -
say, that the title IN fee belonged to
r. NJ RAiney, of Atoka. but that G.
w. Briggs, Of Granite. holds a first
lien OF Sl00G0. Now suppose MI.
aalney at a later date would desire
10 borrow $4,000 and he should 70 20
Representative Robert lohnson's hank
in the town OF Chickasha. Mr.. John
son would ask what kind of land is II,
abstract" or "Torrens'?" Mr. Rainey
Wonld answer 1t Is "Torrens." Then
le wonld ask to see the certificate.
When Johnson looked AT the certificate
he would know The condition OF the
lille and the only question that he
would want 10 know Is whether or not
he land would stand one more hua-
lred dollars If he knew. from travel
ng over the lahd o. from his person
Il knowledge previously gained, 1t 10
be valuable land he would be as ready
hen as he ever would be 10 loan on
hat piece of land. Should he make
he loan that certificate would be can
3elled and new one issued showing
that land belonged to r. NJ Rainey
hat the first lien was held by G. w
Briggs for $4,000. and that a second
len Was held by Robert IL. Johnson
or $4,000. Now as Mr. Rainey paid
)ff that lien the same process Of can
,elling the certificate and the issu
lnce of new ones eliminating the pay
nents until all had been paid and no
lens existing there would not be any
mortgages filed. but all liens would
show themselves on the face of the
ertificate The transfers made would
ost the ordinary fee Of 80 cents or
100, of getting certificates of any
natter or copies of ordinary certifi-
ates OF any matter OF record. II Is
ust simple, and indeed works on the
same plan of transferring stock in q
corporation on the books Of the com
lGny. except the land is transferred
)nthe books Of the Torrons Land Rec
lrds by bonded officer Of the state.
isually made by the register OF deeds.
Now opponents of this system when
hey make an argument against IL they
begin. 10 recite that IL Is declared un-
constitutional in Illinois and Ohio
4 Yes, that is true. True because there
was some kind OF sympathy, In one
Instance, between the lawyer ana the
,ourt: in others because the state con
,titution. but Il has been tested before
he supreme court OF Massachusetts
md has gone to the supreme court oi
the United States IN the case where
in the supreme court of the United
/ states has said that IT complied with
he due process of law of the land
/ and that 1t did not violate the consii-
uiion of the United States, II u did
| iot violate the consultation OF the
| state. II was declared unc0nstiuf
iional IN Illinois because there was in-
! dieial powers placed upon the clerH,
although II is in force In a defective
way in Cook county Illinois, ana yei
| I hold before me q book from real
estate dealer OF Illinois In which there
are the names Of some 300 business
mon. bankers, real estate dealers.
railroad magnates. capitalists and
| ather citizens of Chicago all stating
that they were satisfied with the Tor
rens' land certificate under the Hi
pols plan, even in it's defective form.
Railroad presidents say in this BOOK.
let that they would accept a Torrens
! land certificate In preference 10 war
ranty deed backed up By bond 10
guarantee title because II Is safer ana
as YOU know bonds are supposed 10
be the safest thing in the business
world.
Now a word as TO why the oonstitu-
ton OF Oklahoma should be amended
and ! want to say in that connection
that from the floor OF the Sequoyah
convention had this provision put in
TO The Sequoyah constitution. From
the floor of the constitutional conven-
ton Of Oklahoma ! tried 10 have Il
PVT into the constitution OF our state.
hut failed because didn't have votes
enough. To establish the system
rightly requires the establishment OF
court. If necessary. with power OF
both original and supreme jurisdiction
a court for that specific work. II re-
quires the express authority Of con
ferring certain semiiudicial functions
upon TIE Keeper OF The titles; II re-
quires express authority for the state
10 guarantees title All OF these DIFF