New-York tribune., 1915-10-31
SEEKS AID OF
COUNTY CLERKS
Hopper Tells Them His
Reasons for Opposing
Amendments.

John J. Hopper, Register of New
York County, has sent letter 70 all
the county clerks of this state saying
that the proposed Torrens amendment
70 the constitution should be defeated.
Register Hopper says: The success
full form Of the amendment Is Section
% Of the Judiciary Article in the pro-
posed constitution, which omits the
vital part underscored. What we tried
to do was TO have the registrars (coun-
ty clerks and registers) register un-
contested titles in order TO save court
expenses-the contested cases to go
TO the courts for settlement AS there
we're 130 lawyer delegates out OF tho
1853 members of the convention. and as
the very purpose Of our amendment
was to stop litigation and expense,
suppose we should not have expected
success from them.
The voters of Ohio voted in favor OF
Torrens amendment that embodied
the true Torrens principle, and the
amendment we advocated is similar to
the Ohio amendment. | have not the
slightest doubt that the voters OF New
York would adopt our amendment II
they were given q chance TO vote on
IL separately.
II you are In the balance as TO how
you will vote on the constitution, let
the conventions treatment of the Tor
rens matter decide you.
Register Hoppe also said regarding
the amendments in part as follows:
"The convention in its ctnslderation
of the Torrens system utterly failed
TO grasp this fundamental distinction
between contested and uncontested
titles and between judicial and ADMIN
istrstive functions Section ~ OF the
judiciary article of the proposed con-
stitution has been hailed by the un-
thinking as providing for the Torrens
system. but an analysis Of the section
shows that IL authorizes nothing that
cannot be done under the present con-
stitution. nor which has not already
been done In Illinois and Massachu-
setts. whose constitutions are similar
,o New York's present constitution. The
only thing that can be said in favor or
This amendment is that it is harmless
and merely "constitutionallzes the
"The disadvantage Of this section is
that it's passage practically perpetuates
the court system for uncontested titles
at least for another twenty years. IL
the amendment Is defeated the agita-
ton begun this year and continued may
result In more liberal amendment
being passed in case a new convention
is held in 1918. Or, if no new conven-
tion is held in 1918, an amendment 10
the present constitution could be OIL
fered through the Legislature al any
time. In any case. there is nothing TO
he gained by passing this amendment
In the form proposed On the other
hand. there is nothing 70 be lost by It's
defeat, but, on the contrary, much may
be gained.
defeating the proposed constitution and
holding a new convention in 1918 that
it would cost $500, 900, and that the ex-
pense of the 1915 convention would De
wasted. This argument is not sound.
The single item OF a proper lorrens
article would repay the state IN dollars
and cents many times the cost OF hold-
ing a new convention. The chairman
OF the committee that has advocated re,
tanning the title companies as ofhciai
examiners has admitted that under ms
method the fees to the title companies
for their work as official examiners In
examining titles in Manhattan Island
for initial registrations alone would ex:
coed $50 o.oOo. 900. At least fve,sixths OF
this huge sum would be profit TO the
title companies, even under their ex-
trsvagant and wasteful system Of oP-
eration. The cash profit 20 New York
County alone under a true Torrens sys'
tenn would repay the entire cost OF q
new convention fifty times over"