New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-11-12

omv. Ii is the usual trick when ones
case is weak TO abuse the opponents
counsel.
The Iorrens system is not my IN,
vention. nor do the fundamental
changes | advocate originate with me
or with Mr.. Fairchild, my deputy. All
four propositions-(D providing
simple court procedure, (2) making
examination of titles exclusively ON
cial. 49, having an adequate assur-
ance fund backed by the state
County, and "a making registration
permanent-are a part OF every sue.
cessful Torrens law. The lack OF
these principles has made the New
York law different from that of any
other state or county, and has made
the New York law a failure.
have never "impugned the good
faith" of the so-called Torrens com
nittee Of the Real Estate Board, for
this committee has always openly and
publicly opposed these fundamental
and necessary changes. / have never
doubted the good faith of this opposi-
ton. In this opposition, however. the
Real Estate Board has stood alone
among the civic and legal associations
Of the state. | have respect for the
members of this committee as inds-
viduals. but what ] have said Is that
il is asking too much of human nature
TO expect the employees Of the title
companies TO advocate real Torrens
law when such a law will eventually
do away with title companies, just as
the title companies themselves did
away with the old conveyancers TWEEN
ty-fve years ago.
The Torrens principles ] advocate
are in successful operation in Massa-
chusetts, Chicago and elsewhere. are
founded in the model act recommended
by the American Bar Association; and
the amendments ! propose have been
specifically Endorsed by the Chamber Of
Commerce. the Citizens Union. the Bar
Association of the City Of New York.
the New York County Lawyers Asso-
citation and by numerous other asso-
Citations and by many individual law
yers, real estate men and firms.
am accused of being "unsportsman-
like" because ! do not refrain from ad-
vocating the rest Of the amendments
which | proposed last year, / never
accepted the compromise measure as
a fnality, but distinctly said that |
would go before the next Legislature
for the rest of my amendments, which
all belong to true Torrens law.
It is also charged that | and those
in my Office discourage everybody who
comes BY the story Of the ex-
cessive cost" This is. of course.
childish falsehood. The questions up
permost In the minds Of applicants
have been: "How much does II cost?
How long does il take?" Ny Office has
given many estimates of registration
costs. leaving il to the applicant or his
attorney 10 figure the proper attorneys
fee. When il is all added together the
initial expense Is about twice what the
title company charges and the proceed
ing takes about four times as long as
a title company requires 10 issue
policy.
Land owners are business men and
they simply decline TO register. rms
fact is we'll known TO sill real estate
men. The attitude Of my ONCE has
nothing TO do with the question which
is decided by owners as business
proposition. IA, l..
When a businessl!ke proposition is
presented Il will be accepted. ~ the
present law Is good and sound, wnv
do not the members of the Real Estate
Rosrd register their titles? So far as
know not one has registered tue 10
this OF any other county since the law
was amended. Surely no action OF my
Office could cause them 70 refuse
profitable thing about which they have
such complete knowledge.