The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-05-12
EXPLAINS THE TORRENS SYSTEM
Speaker Murray ID Address Before Lower House De-
scrbeS Method Of Registering Land Titles.

mont he looked upon NE cer.ilicate
lie knew every condition OF the title
without single cent of expense Now.
the only thing 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
loan because nc 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 county clerks re,
cords and a new one ISSUED to The
owner, whom he will suppose to be
Representative Rainey here. on the
face of that certificate issued To-
Rainey would be this statement "G
w Briggs holds a first lien for the
sum of $4,000 on this tract OF land Z"
Then if Mr.. Rainey would show that
certificate to anyone il could be seen
easily what the condition OF the title
I IS, that IS to say, that the title Ia fee
belonged to Il. NJ. Rainey, OF Atoka.
but that g. w. Briggs OF Granite holds
q first lien Tor 10000 Now suppose
Mr., Rainey at later date would de-
sire TO borrow another $4,000 and he
should 80 20 Representative Roiert
/ Johnsons bank In the town OF Cht,k-
asha, Mi Johnson would ask what
kind OF land is It, abstract" or TOR
rens'?' Mr. Rainey would answer it
is "rorrens Then he would ask 70
see the certificate when johnson
looked at the certificate he would
! know the condition OF the title and the
only question that he would want to
to know Is whether OF not the land
would stand one more hundred dol
lars. II he knew, from travelling over
the land or from his personal knowl
elge previously gained, II TO be valu-
| able land he would D., as ready then
as he ever would be to loan on that
piece of land Should he make the loan
that certificate would be cancelled
and now one issued showing that
land belonged to r. 81 Rainey. that
lie first lien was held by G.. ".
i'riegs for $4,000, and that second
lien was held by Robert II. Johnson
lor SlOV00. Now as Ar Rainey paid
of that lien the same process of can
. ~ AAAAA1 Ait 'AiAAtAAAtt anu AUt lNrl~
ance of new ones eliminating the pay
ments until all had been paid and no
/ liens existing, there would not be any
mortgages filed but all liens would
show themselves on the face Of the
/ certificate. The transfers made would
cost The ordinary fee OF 30 cents or
$l.00. of ~ citing certificates Of any
matter or copies of ordinary certifi.
Gates Of any matter of record. Il is
I Just as simple, and indeed works on
/ the same plan OF transferring stock
/ IN corporation on the books OF the
umpany, except the land is transferred
/ on the books OF the Torrons Land Re
cords by q bonded officer Of the state
I usually made hy the county clerk or
register OF deeds as We would say.
Now opponents OF this system when
I they make an argument against n
/ they begin to rccite that it Is declared
unconstitutional 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 IL has been tested before
Z the supreme court OF Massachusetts,
and has gone TO the supreme court
OF the United States in the case of
l..t,...... Ns, .,........ wherein the
supreme court of the United States
has said that IT complied with the
due process OF law OF the land and
that II did rot violate the consiul-
tion of the Unied States, II It did not
violate the constitution OF the state.
a "a.
Illinois because there was judicial
powers placed upon the clerk. al
though it is in fOrce IN defective
way in Cook county. Illinois. and yet
hold before me book from real
estate dealer Oi Illinois in which there
are the names of some 800 business
men. bankers real estate dealers
railroad magnates. capitalists aud
other citizenJ OF Chicago an stating
that they were satisfied with the
rorrens' Land Certificate under tho
Illinois plan. even in It's defective
form. Railroad presidents say m this
booklet that they would accept Tor
rens' Land Certificate IN preference
TO a warranty deed backed up by bond
20 guarantee title because Il is safel
and as sou know bonds are supposed
to be the safest thing Ia the business
world
Now a word as 20 why the constitu
tion Of Oklahoma should be amended
and want 10 say Ia that connection
that from the floor of the SeQuoyal
convention ! had this provision pu
into the Sequoyah constitution. From
the floor OF the constitutional conyen
/ tion of Oklahoma | tried 10 have 4
. put into the constitution Of our state
but failed because didn't have votes
. enough. 10 establish the system
. rightly requires the establishment o.
} a court, II necessary, with power @
both original and supreme iurlsdlct
! ION court Tor that specific work
+ II requires the express authority o.
comforting certain semiiudiciai func
tions upon the keeper OF the stiles
IT. requires express authority for thl
: state TO guarantee title All OF thes,
different requirements are az leas
questionable under the Oklahoma con
stitution and certainly the constiu
ton prohibits the creation OF an.
! court except courts inferior 10 th'