The San Francisco Call. Newspaper, February 10, 1896, Page 9

THE' SAN FRANCISCO CALL, MONDAY, FEBRUARY 10, 1896 LIVELY SESSION OF ENDEAVORERS, < Dr. Brown Reprimands One of the Christian Workers. UPHELD BY THE PEOPLE. Young Henry Knapp Refers In- directly to the Troubles of the Church. WITHDREW FROM THE SOCIETY. Mrs. Brown Thinks Mrs. Cooper Should Not Teach—The Council Will Not Be Delayed. The Assembly-room of the First Con- gregational Church during the regular session of the Christian Endeavor Society was the scene yesterday afternoon of a lively tilt between Dr. Brown and one or two of the younger members, the former having all the best of it, in that he not nly carried his point, but was warmly congratulated at the end of the session. Attorney Nagle led the services, the parable of the man who built his house on the sand being selected as the topic of dis- 1ssion. The leader made a few remarks ippropriate to the occasion and then in- vited others to speak on the subject. Dr. id a few words fitting the lesson, lowed by young Henry Knapp. "he lesson teaches us many things,” he said; ‘‘none more pertinent than that which is to be found in our own society. I sometimes think that this society is built on sand—that we ean never succeed as long as there so much dissension and antagonism, and—" | “This society is all right, my boy,” mildly interjected Dr. Brown. “it is builded on the rock of Jesus Christ.” The unexpected interruption slightly disconcerted young Knapp, but he man- aged to continue his remarks, in the of which he made an indirect allu- to the troubles now agitating the t Church. r. Brown turned sharply around, say- i “Now, stop that, young man. This is not the time nor place for that sort of P voung Knapp was not to be dis- of in that fashion. He said a few about his right to speak, when Dr. ted the hymn,““Nearer, My God, n which three-fourths of those present joined. Knapy jumped to his feet and in a voice that could be heared above everything else, declared that he wouid never attend another meeting so long as Dr. Brown continued a member of the so- ciety. With that he walked hastily from the room followed by six or eightof his friends. At the conclusion of the hymn another voung Endeavorer secured the floor, say- ingamong other things that he thought every member had a perfect right to talk esthe spirit prompted him without inter- ruption, and that he too would withdraw from the society for the time being. He immediately left the room foliowed by two or three of his friends. During the young man’s remarks one of the lady members started a hymn, but after singing a bar or so, and finding her- self alone, concluded it was best to allow the young man to conclude his statement. ‘When matters had quieted down, Dr. Brown again addressed the audience. He said that he regretted the necessity which compelled him to call the young man to order, but in view of the existing con- ditions of church affairs, such innuendoes were clearly not to be borne in silence. He loved the young man—had baptized him, and what he had said was meant only in kindness and love. Mr. Nagle also regretted the ill-timed remarks, as he expressed it, of Mr. Knapp, and said that Dr. Brown was perfectly right in calling him to order. As presiding officer he should have done so. He hardly thought the young man intended to insult the pastor, but was simply careless as to what he said. At the conelusion of the meeting Dr. Brown’s friends and many who have hitherto opposed him in Christian En- deavor affairs came forward and assured him of their regret at the unfortunate occurrence, and further stated that he had done perfectly right in caliing young Knapp to order. “Dr. Brown was perfectly right in what he did,” said Professor Lloyd, who at- tended the meeting. “Under the circum- stances he could not have followed any other course. The young man’s remarks were evidently directed at him, which, to say the least, showed very poor judgment.” Professor Lioyd occupied the pulpit of the First Church at both morning and evening services yesterday, preacking to large congregations, At no time during either service were the troubles which now surround the church referred to. Dr. > Brown kept his promise, made at the meeting on Wednesday night last, not to appear in the pulpit until he was cleared of the charges resting against him. The pastor and his wife occu‘;ied a pew in the rear of the church, and, further than to raise his voice in song, took no part in the servicas. > Mrs. Cooper was in a happy frame of mind yesterday. Her bible class was even more largely attended than on the pre- ceding sunday, there being probably 130 resen‘ many of whom were strangers. );‘he suoject for the day was the “Sermon on the Mount.” ¥ “It is strange,” said Mrs. Cooper, “how very appropriate this was to the troubles which now surround us. It so happened that I had the same lesson in 1887, and as T was tired and weary after the week’s trials I concluded to “use it. There were many notes made at that time which suited the case perfectly, but, for fear some would misconstrue my exposition of the subject into an attack, I eliminated the harsher passages. Mrs. Cooper has up to date received 330 letters congratulating ber on the firm stand she has taken. Thirteen of these letters came yesterday, in one of which reference is made to Mrs. Davidson’s earlier life. The writer says that the woman now in prison awaiting trial for blackmail was of excellent family and was always copsidered an earnest, devout Christian. When a younz woman she re- ceived a blow on the head, which for a time threatened not only her life but her reason. Mnch of the trouble she has brought on herself is attributed to a mind not wholly responsible. One of the letters received yesterday was from the miners of Vir§ nia City, warmly indorsing all that Mrs. per had done. Mrs. Brown thinks that Mrs. C r should not continue to teach the Bible class until her name is cleared of the charge made against her to the effect that she%n:ed the mother of three fatherless #hildren from ber position. “It would be in better taste,” said Mrs. Brown yesterday, “if Mrs. Cooper would cease her relatiors with the Bible class until she bas cleared herself of the charges made by an honorable woman. She in- sists on my husband, who is accused by a most disreputable person, not occupying Brown { ment him. his pulpit until he is fully exonerated. She should at least be consistent.” In explanition of this Mrs, Cooper savs that Mrs, Garland, the lady referred to, found herself too ill to attend to the duties she bad assumed, and voluntarily handed in her resignation. She has proof to back up this statement. The letters-missive authorized by the deacons at the meeting of Saturday will be sent to the ten churches selected to form the council to-day. Itis not neces- sary to submit the matter to the Firat Church, as the resolution introduced by Dr. Brown at the prayer-meeting callin] for the council gave the committee ful power to act. The church has the right, however, to object to any of the churches selected by the deacons, though it is not considered at all probable that it will take advantage of this. The council is now scheduled to formally organize February 18. The trial of Mrs. Davidsor: will 1" all proablity be set for hearing the preceding day. There is reason to believe that Mrs. Tun- nell, whose mysterious disappearance con- stitutes one of the features of the Brown. Davidson scandal, has returned to this vicinity. A call was made upon Mrs. Hor- ton, with whose mother in Tulare County Mrs, Tunnell was reported to have a made brief visit, but she declined to confirm the rumor of the missing witness’ return. At the residence of Mrs. Dray, at 1041 Mission street, where Mrs. Tunnell form- erly stayed, it was stated that the proprie- tress had left early in the morning ostensi- bly to attend the funeral of a friend. She had nov returned at 11 o’clock last night and it is thought she is with Mrs, Tunnell. =t CASE TALKS. He Agrees With Rev. Davis on the Governing Motives of News- papers. Rev. Dr. W. W. Case, the eminent Meth- odist preacher, yesterday afternoon in- formed the local papers by telephone that he was going to make an attack upon them in the evening at his church, and that he was willing to have the public know his attitude in the case relating to Dr. Brown. He wanted to have the sermon get into print. Later he sent a verbal message that if the papers should not print the sermon v.hgy would prove themselves to be cow- ards. The text which the preacher quoted in the evening, after he had issued his decla- ration of war on the newspapers, was as follows: Micah v, 8: Dr. I “And what _doth the Lord re- quire of thee but to do justly, and to love mercy, and to walk humbly with thy God?” Then, when he had spoken of the re- quirement of the love of mercy, Dr. Case began the promised attack. He said: Dr. Brown has been in hell for some time, and it is evident there isno lack of devils to tor- 1 would quite as soon be in Dr. B.’s | place as in the shoes of his tormentors. He | may be & hypocrite—many of his pursuers | certainlyare. They are the canting hypocrites who ring all possible chavges on the religion l of the golden rule. They are the people who | go into ecstasies over the doctrine of the father- 00d of God and the brotherhood of man, and who hate the creeds and profess to believe only in the religion of love. Love? how they do manifest it! It is Turkish love; the same sort those benevolent Turks show to the Arme- nians. We send money and missionaries to Turkey and petition Congress to intercede for the Ar- menians. But who sends missionaries to us? Who writes petitions for the wronged and per- secuted who dweil among us? Who pleads for a drop of the milk of human kincness in San Francisco? Scarcely a friendly word has been publicly uttered for Dr. Brown. Talk about doing to others as you would that they should do unto you! Who does it? Talk about the religion of humanity as opposea to Christian- | ity] Where shall we look for the exemplifica- tion of the religion of humanity? All this seemed to the members of Dr. Case’s congregation, when the sermon was | delivered, to be an attack on Mrs. Sarah B. Cooper, or the assembled people them- selves, and some of the listeners began to get irritable, but the peacher went on: | In wkat editorial sanctum in San Francisco | meay we look for the manifestation of the spirit of brotherly kindness? Where shall we look for newspaper correspondents who have words of sympethy and_he'p for the accused? What ghouls are there like the newspaper reporters, | who may be naturally kind, but who are com- pelled to be Ishmaelites in order to retain their positions? They must get what they call af‘scoop” and get ahead of some other paper at all cost. No matter who suffers unjustly, no matter whose home is broken up, no matter Wwho goes down in the swirling waters; inno- cence, virtue, home, family and children, these are nothing; hurl them all into the vor- tex and let them go under, for sensationalism must be kept up. Rev. Cader Edwards Davis of Oakldnd, the preacher who won fame and distinec- tion by dancing in his pulpit, has said the same thing and Mr. Davis knows because he employs a newspaper reporter as his press representative and advance agent. Still forgetting what he had quoted about mercy and leaving the objects of his assanlt entirely out of the ‘‘brotherhood’ Dr. Case continued: Those who talk of humen brotherhood and then rake up everything true or false, espe- cielly the false, that was ever hinted at or suggested against & man or woman are hypo- crites of the worst kind and deserve s warm place in limbo. Abrahem could not have 5t00d such a test as that, neither. could Moses, nor David, nor Jacob. They had all committed sin. Abraham and Jaccb used deception, Moses slew the Egyptian and David broke the decalogue sl to pieces. These things the preacher seemed to re- gard as all right for Abraham and Jacob, who nsed deception; and for Moses, who slew the Egyptian; and for David, who smashed the decalogue. Hiscriticism was aimed only at newspaper men—and what- ever else they may have done Abraham and Jacob and Moses and David did not work on newspapers. Paul was a persecutor, and Peter a profane man and & prevaricator, not to use & harsher term. This, also, the preacher uttered, reviv- ing some more old scandals that the %apers would never have known about. hen he explained: But they repented and God forgave them, and they became prominent in the world and distinguished for goodness and greatness. God says to the pardonéd sinner, “T will re- member your sins no more forever; I will cast them into the depths of the sea.” But modern journalism says, ‘‘No matier where God casts your sins, we have got & muck-rake and a dragnet and will fish them up.” They work bravely at their task. If there are really no black sins to fish llxlhey are satisfied to haul up & lotof dead fish of aspecies called smelt, and all the better the more they smelt. The latter remark, or joke, would or- dinarily 'have to undergo a sort of surgical operation before being permitted to appear in print, but that is the form in which Dr. Case submitted it. Recalling his attitude in the Durrant trials, before the murderer of the two girls had been sentenced to be hanged, the preacher said: 1plead for & suspension of judgment until the case shall have been lried.’ 1 gleld in the name of humsnity, which in this affair has been trodden into the dust. I plead in the name of Justice whigh has been frightfully outraged. I plead in th® name of mercy, whie:, being thrust aside, \ve‘?s over ‘‘man’s inhu- manity to man.” 1 plead in the name of cov.- mon law, which accords every citizen the right of trial before his peers. I piead in the sacred name of woman, whose just and noble cause has been seriously imperiled by the unwoman- liness and unchbristilkeness of some of her distinguished representatives. Here, of course, Dr. Case acain departed from his text. He also forgot to give the women the privilege of trial by jury, but he wus s ing only in the assumed in- terest of Dr. Brown, I take the same position with reference to Dr. Brown thatI took in the Durrant case, I said more than once from this platform, dur- i | probably; t only man of doubtful morality in this City? How would the editors themselves like to have the same searchlight thrown upon them as persistently as they are pouring it upon their victim? A searchlight with colored lenses to suit the demands of the “scoop” business? Does some on reply, “Newspaper men do not pretend to be models of virtue”? In reply I would say, I dare venture the assertion that mehm-t&rn am,,,-?bef of ltnhau class cu.lnla‘ a er s ard of uprightness than the; ret]ly attain unto. HY . Wh}v not make an example of one of them and let us see what the sleuthhounds of the inquisition can drag out of the mire and filth of the past to smirch them (him) in the eyes of the community. In all probability there might be brought out some very mean suspi- ?“:n:' insinuations and innuendoes, to say the eest. It is many weeks since I have seen Dr. Brown or had any conversation with him. He has no more idea of my attitude toward him than you had when you came into this room to-night. My l)‘mEnlhles are always with the man who is being kicied after he is falien, no matter whether he has been knocked down or has slipped down. It is inhuman to kick & man after he is down. It is high time to call & haltin this disgrace- ful persecution. I voice a aeep and wide- spread sentiment when 1 condemn the Cow- ardly practice of the sharpshooters. This long, drawn-out discussion of the cur- rent scandal is not in the interest of Dr. Brown nor his church, nor of the people, nor of pub- lic morals, but’ for the love of the almi hty fionu, and the consuming smbition to have our paper’’ come out a neck ahead in the race. Itis generally onlya nose ahead, for the papers that employ the longest-nosed report- ers succeed in putting their noses deepest into other people’s business. Why has no one spoken a word for Dr. Brown? T believe in him and shall continue to do so until he is proven guilty by a properly constituted tribunal, -ndxl beg others to do the same. I plead in the name of ;nbllc morals, which have been corrupted and degraded by the un- Warranted course of the self-constituted triers of the accused; I plead in the name of social order, which by the lawlessness of unjust eriti- cism is being overthrown. It is said in justification of the course which I condemn, “Dr. Brown has acted very fool- ishly.” Buppose we admit it. “To err is human.” Hemay have acted very unwisely. What then? Do we burn people for lack of wisdom? If so, then adieu to editors and preachers and nearly everybody else, for we shall all soon go up into smoke together and none be left to recite the burial service over our remains—‘Ashes to ashes, dust to duost.” But in further justification of a doubtful course are we told that Dr. Brown began it and he must suffer the consequences. I would say in reply: “Did he commit an unpardonable sin, did he commit any sin, in causing the ar- rest of the woman Mrs. Davidson?” 7 . Mrs. Davidson has not yet been tried by jury, but Dr. Case thus denounced her last night, standing in his pulpit on Howard street. And written by the preacher be- tween the lines of the type-written copy sent to THE CaLL is the sentence: There is no apology for her infamy. Referring again to Dr. Brown, the Howard-street preacher asked: Was not his course a legal and straightfor- ‘ward one? Because he took a legal course are others justified in pursuing him in an illegal manner? But still further it is said of Mr. Brown that he mekes enemies by his imperious and pug- nacious and arbitrary manner. Admitted; the criticism may be perfectly just, but yoa would not puta man in hades because he has | a flery, choleric temper, would you? would have a little charity, I imagine, for one who might have been put together with a somewhat different constitation from that with which you yourself are endowed. But again, the question is asked: “Why did he pay money to the woman; any fool ought to_know better than that?" My answer to that question would be that if Dr. Brown had been a deliberate and cunnin; rascal, it is probable he would have adoptes some sharp practice to have prevented the payment of the money. But inasmuch as he was not skilled in the tricks and methods of the vicious, he was more easily led todo an unwise thing. But suppose he did it to entrap one whom he believes 10 be a fiendish foe who was seeking his morey or his reputation, which is better than life? Suppose he did it to get the case into the civil court and secure the ends of jus- fce? “Very foolish to do it,” you say. Yes, ut does that prove him guilty? Yould you hang & man on such cvidence as at? Are there not two constructions possible to be put upon such an act? Would not common decency require us to put the best construciion upon it, 50 long as the accused claims to have acted with such motives 7 - A few words about the Congregational church as an ecclesiastical body, and the preacher’s work of disciplining the news- papers was done: s T The whole affair is a hard strain on Congre- gationalism. The weakest point in Congre. gationalism is its judieial economy. Of neces- sity it moves more slowly and more cum- ‘brously than most other churches in cases of administration. But %h’e them time and they will get at the bottom iacts and will deal justly with all concerned. It seems, unfortunately. to be assumed by the managers of the press that the church can- not determine the moral value of Dr. Brown without their constant and unremitting atten- tion. In this they are mistaken. The church will settle that matter without a whitewash. It is true the church is nqt above criticism in this matter, for the speftacle of a regular Wednesday night prayer-meeting turned into & veritable bedlam, as has been done more than once in this City,is enough to make angels veil their faces and weep for shame and SOrTOW, BODIES FROM THE SEA, The Remains of Two Unknown Men Found Near the Cliff. Life-Saving Men Take One Body From the Waves With Blocks and Tackle. The bodies of two unknown men were washed up by the ocean yesterday out near the cliff aud ocean beach. Oae was discovered at the foot of the Point Lobos rocks, and the other body lay upon the sauds far down the beach. On neither of them could be found any- thing by which the men could be identified last night. The body beneath the cliffis was that of aman of middle age, tall, with a light mustache and clothed in a suit of dark checked material. His face, bruised ard battered by the seas, was almost too badly distorted to admit of its features being recognizable. When the Coroner’s men went out there to take the body to the Morgue they had to call for assistance from the life-saying men, wuo, with blocks, ropes and tackle, succeeded in dragging the dead man up the cliffs. The deceased had been, to all appearances, in the water for two or three days. He had but 10 cents in his pockets. A small Masonic badge with the crescent, star and scimitar, was found pinned to his vest. The other body was discovered shortly afterward on the beach. It was that of a oung man of splendid physique and heav- ily buiit. The dead man had on a white and blue check shirt of large patteru and a dare bow tie and dark tweed suit. His face was clean shaven, and he wore his dark brown hair long and apparently combed back from a high forebead; for despite the rough usage of the waves his skin had a fresh color and his hair was not torn or tangled badly. In the Morgne they said he had not beén in the water more than ten bours. The only property in his pockets con- sisted of a small notebook with the names and writing on its pages crossed out and 13 cents in coin. A story came from across the Golden Gate that a boat had capsized, and one of its occupants got asnore, while the other went down. It was thong‘:t that either of ing Durrant’s trial by newspapers, before the trial by jury, that the men and women who were dwlu{nfi that they would like to see the accused torn limb from limb were themselves murderous in their spirit,and very likely, in the sight of God, no better than the imprisoned suspect. I took the position then that the ac- cused ought to have the benefit of the doubt until he should hava been proven guilty. Idemand the same fair trestment for Dr. Brown. Heis notaccused of murder, treason or highway robbery. No one sues him for damages; 1o one accuses him of having done personal injury. The matter inyolvea in his case is the gra: ut single question: Has he lost his integrity as a man—is he guilty of im- morality? is is & matter the church can de- il Taquisition. Tl js & mnvier atect. ind lon. a edu?he morgl“ character of Mr. Brown. Why :‘{fflfluflnnur the affair? Is Mr. Brown the | those bodies came from that accident, about which no sitive information could be heard last night. ————————— He Changed His Mind. William Howard, an opium fiend, met Offi- cers Callinan and S8nowball on Butter street last evening and said that he wanted to be put in jail, where he could not gst the drug. The officers called the patrol wagon and charged Howard with b.ln‘pl vagrant. On the w.-r; to the station the prisoner changed his mind about being locked up and {nmpod from the wagoa. He ran for several biocks pursued by cer McGrath, Howard took refuge in the basement of a building on Polk sireet, near Van Ness ayenue, and_threatened to brain his pursuer with a billet of kindling wood. He was overpowered and ed up. | | | worked out presents REALTY MARKET REVIEW, Safient Features of the Torrens Land-Title Law of Chicago. ALAMEDA RROKERS ARE BUSY, Probate Auction Sales Catalogued. Biclorama of Thomas H. B. Varney. Conceding that realty with a good title is the safest of all investments, how shall the investor who purchases a parcel of land or lends his money on what he con- siders to be the security of a good title, know that his money issafe? What re- dress has he if the title prove defective and in conseguence his investment be a bad one? Cognizant of these facts, legis- lators throughout the civilized world have racked their brains in their efforts to throw safeguards around the ownership of land and to enact such laws and formsin the transfer of same as would afford proper protection to the varied and complicated interests concerned. ¢ ¢ The good reports from the city of _Chi- cago of a system of registration of titles, recently adopted, and the appointment by several of the States of commissions to ex- amine into the merits'of the Torrens land- title law in force in Aus‘ralia and in some parts of England, and from which the Illi- nois statute originated, makes the present a fitting time for a few suggestions con- cerning it. From a lengthy paper read before the Six-thirty Club recently, by Warren Gregory, of Chickering, Thomas & Gregory, the following excerpts are taken: The two great systems which exist to-day in the record of title are, first, 8 registration of deeds, and, ieconali}'. & registration of title. It is the former which has prevailed almost universally in the United States from the earliest times. Although the transfer of real property is purely nYncnl matter governed by the laws of the State in which it is situate, nevertheless, the general features of this system are the same in all the States. Its sole efficiency lies in the fact that by it is preserved a permanent record. The record of the deed gives it no ad- ditional validity between the parties whatso- ever. The sole purpose of recording a deed is to give notice. Thus, section 1217 of the Civil Code of this State is “that an unrecorded in- strument is valid asbetween the parties thereto and those who have notice thereof.” Nor does the transcription of the document in & special book give it any additional validity. This is simply a matter of convenience. Defects in the present system are obvious. Lord Cairns, when introducing into Parlia ment & bill which I shall notice hereafter, de- clared that “‘the ob)ections to & register of deeds are so manifest that hardly any person in the present day would venture to wropose it. It would not simplify title m the least. It only puts on & form of record the whele of that multitude ot deeds and conveyances of the extent and complication of which we already have so much reason to complain. You have to investigate and search as before; in addition to that you have to pav Ior search- ers ip the registry and 8150 to pay in some shape cr other the expenses of placing the deeds upon it.” With this brief statement of a few of the rad- jeal deiects in the system of the registration of deeds I pass to a discussion of the second sys- tem, viz., registration of title. In its essential features it is practically the system introduced in South Australis in 1858 by Sir Robert Tor- tens, but inasmuch as the detaiisof the scheme differ somewhat in the varions attempts which have been made to introduce it in this country I will take as the basis the recent act passed in the State of Illinois for the County of Cook. I ao this for the reason that the act introducea in the Legislature of Caiifornia in January of the last year had one feature quite uniike the Torrens system. This bill passed the As- sembly at Sacramento, but was withdrawn in tke Senate. A general feeling prevailed that not enough attention nad been given to it to enable the Senators to vote inteltigently. The difference between a registration of & deed and the registration of a title is funda- mental. The essential feature of the latter is that title passes only by the entry of the trans- fer upon the official register, and not by virtue of a deed between the parties. The title thus trensferred and authenticated gives an in- defeasible titie. The owner therefore does not aepend upon a deed from his grantor but upon a certificate of title issued to him by tne official registrar. It is thetefore precisely analogous 10 the transier of corporate stock or of a s ig. Thig brief statement would seem to be charming in its simplicity and efféctual in operation, but the gnn by which it can be ¥ 10 Means an easy prob- lem. First, the method by which land can be brought under the system. In Eugland and Australia parties are con- trolled by no conmstitutional limitation, and therefore have the right arbitrerily to fix & date upon which all persons then registered shall be admitted to be the rightful owners of the property, or to create in the Registrar ab- solute authority to pass upon the title of every applieant. Such a ruling is not possible in the nited States. For, if A and B each ciaim a trectof land and A succeeds in getting his ti le first registered, B cannot thereby be de- ?ri\'ed of his right to lp‘)ly to the courts, for, f s0, the Registrar wouid have deprived him of his property without due process of law, contrary to the fourteenth amendment. Itis, therefore, essential, in beginning, to get over this constitutional objection. = The method adopted in Ilinois is asfollows: A persor de- siring to have his property registered must make a verified application to the Registrar setting forth in detail tne description of his Kmpeny, ‘whether he is married or single and as estate in the land, and whether the same be occupied or not. Thereupon the Registrar, through two ex- aminers (attorneys-at-law) authorized to be employed by him, causés an examination to be made of the title and as to the truth of the matter set forth in the application. He makes minute inquiry as to the pouessol; right, and ts up a notice on the property for a period of teu days, reqniring all gemns who have aLy j “iterest in or claim to the land to appear betos » the granting of the certifieafe of title. If it appears to the Registrar that the facts stated in the application afe true there is issued to the applicant a certificateoi title, and from that time forth the land is within the operation of the act. The form of the certifi- cate is somewhat as follows: “John Doe of San Francisco, aged 25 years, unmarried, is the owner of an estate in fec simple in the following land, subject to the estates, easements, incumbrances and charges hereunder noted. ‘‘Witness my hand and official seal this 20th day of Decamgfl. 1895. Registrar.” s soon as this certifi granted the Registrar makes and pubiishes in a néwspaper alist of all registrations effected during the preceding week and also posts the same in his office. Itis then provided that no person shall commence any action for the land or assert any interest therein adversely to the first cer- tificate unless they make known their claim to the Registrar within five years after the first registration. It is no exception to this rule that the person is a minor, & lunatic or under disability. It will be noticed that this last pro- vision attempts to meet the constitutional ob- jection by placing the foundation of the title, not upon any act of the Registrar, but upon lapse of time. The proceeding is akin to a suit to quiet title pbrought by the then owner against all persons known or unknown. A title acquired by a decree in suchaction has fre- quently been declered valid by the Supreme Courtof the United States. That the Legisia- ture has power to create this statute of limita- élonb- t:({ to shorten one already existing is un- oubted. 2 An objection may at once be here raiseq, that this proceeding would be & sort of hornet’s nest stirring up all the slumbering black- mailers, who would hasten to file a claim on every certificate of title issued. This is proba- bly s0, but it would have the advantage of bringing them to the light, for, having once asserted their claim upon the register they are compelled to bring an appropriate action to assert their claim within this period of five years. The machinery of the courts wonid thus be set in motion and the true owner would have the right to prosecute it vigor- ously to a conclusion. Possessory title is -ognited after the land; has been once registered, and it is entirely o tional whether it be registered or not, ‘it is transferred | surrender of the certificate to the Registrar-and an issuance of & new one to the grantee. Between the parties this may be done by any of the recogn modes of con- vevance, and that forms a contract between them which may be enforced in law, but, as stated before, its validity as & conveyance does not exist until the certificate is issued. the Registrar is satisfied that the supposed grantor ap) upon the register as the owner ©f the land, he notes upon ihe original certifi- cate the fact of the transfer, issues a duplicate new one to grantee, upon which shall ap- pear the volume and Jmsa in_which the new certificate is registered. "And here the second constitutional objection arises. Let us suppose that A has acquired a certifi- cate to land. The action of the Registrar was In reality erroneous in issuing this certificate. and B is the true owuer. Both the examiners and the Registrar nave made a mistake. Be- {fore B canmake known his claim A has trans- ferr ed the property to C, who of course relies apon the certificate and takes absolute titie. 4s B a right to_proceed in an action at law 1o set the iransfer aside? Unless some pro- vision were made in the act for this con- tingency, the answer must be_“yes,” because otherwise the Registrar would have usurped the functionsof a judge; that is, when he pre- tends to decide as between A and 8 he is really exercising a judieial function, and it not being in accordance with due process of law the pro- ceeding is a nullity. To obviate this the fol- lowing section is incorporated in the act: “‘All dealings with the land or any estate therein, aiter the same has been brought under thisact, and all liens, incumbrances and charges upon the same subsequent to the first tration thereof, shall be admitted to be subject to the terms of this act and to such amendments and alterations as may hereafter be made. The bringing of land under this act chall imply an agreement which snall run with the Ynnd that the same shall be subject to the terms of the act and all amendments and all alterations thereof.” In other words, by bringing his land under this act the owner makes an agreement that the registrar mey supervise sil transfers of title that may hereafter take place. The registrar is created an arbitrator for the urpose of deciding those questions. It has ynquemly been held that an agreement to submit a matter to arbitration, as, for exam- ple, the ordinary srbitration clause in insur- ance policies, is valid, and although this ques- tion must first be decided in the courts before absolute safety is felt, it wonld seem to be & valid condition; at least such was the opinion of the eminent constitutional lawyers who passed upon the Illinois act. The provision extending the statute for five years to minors and infants is one which has occasioned much difficulty. Ordinarily, of course, the statute of limitafionsitself does not run asagainst & person who is under disabil- ity. But if we were to except minors or luna- tics from the operation of this act 1t would be necessary to examine every title, for certaint; could not exist as long as there was & possi- ‘bility of an adverse claim. o clear starting point can be had which does not cut off all claimants alike. This sec- tion was taken from the burnt record act of Illinois, already referred to as amended in 1887, and, which amendment has thus far proved satisfactory. The certificate granted by the Registrar isan absolute guarantee of title. Should the Regis- trar and his examiners make a mistake the State is responsible. But it is urged that if A succeedsingetting a certificate to land to which Bis justly entitled, B may not wish to have damages merely, but_may wish his identical land restored. It may be a homestead or dwell- ing to which he is particularly attached. To this the answer is, the possibilities of error are very few. In the course of eighteen years in New South Wales and Tasmania not a single claim has been made against the Government. There is of course the possibility of & certifi- cate being forged, but this exists to even greater extent in the present system. and the cases at present in which a notary has been de- ceived as to the identity of the person making the oath are exceedingly rare. So long as A retains the title B is not in _any way prevented from still recovering the land from him in an action. But if A transfers it to C, an innocent nolder, then B is compelled to make his claim for demages to the State. In Australia there has been created an insur- ance fund and a tax of one-fifth of 1 per cent is levied upon every transfer for the purpose of indemnifying the Government. This feature has not been ineor ted in the Illinois sys- tem, owing to the ar limitation clause. Where, as in Australia, an arbitrary time was fixed, it was found necessary to guard against the possibility of a mistake, but it was thought in Illinois that the five-year clause would give ample opportunity for adjusiing every possible case. The limits of this paper forbid a detailed ex- amination of all the features of the act. Once given a conclusive starting-point, its workings appear to be simple and perfectly feasible, and it seems to be, in the opinion of the best real- estate lawyers who have seen the plan in actual operation, that there is no insurmount- able objection to the application of the system to this State and country. It is commonly urged that the fact that‘it has worked remarkably well in Australia, where the source of title is very nearand where the complications in traunsfers are very few, is no argument for its adaptability to this coun: try. Lord Coleridge, late Chief Justice of England, in 1872 in speaking of the applicability of this system to England declared he ‘‘had never been able to perceive the obstacle to applyin to land the system of transfer which answere so well when applied to !hippins. but as his learned brethren one and all had declared that to be impossible he had become impressed with the belief that there must be something wrong with his intetlect, as he failed to per- ceive the impossibility. The remarkably clear and logical paper which was read by Sir R. R. Torrens mlfneé bim from that painful im- pressfon, and the statistics of the successful working of his system in Australia amount to demonstration, so that the man who denies the vrlcufllbllili of applying it might as well deny that2 and 2 make4.” = 1t seewms to me that with us in California the application of the system should be particu- larly easy. We have had, under the control of our Spanish land grants, a well-known instanee of an attempt to form a conciusive starting int by the application to the commission of RE5%. We are still 8 comparatively young State, and whatever errors are now upon our land-title records will be perpetuated as time goes on, Itis cerminlir a subject for considera- tion as to the advisability of a thorough study of this question in order to impress the Legis- lature with its importance. REVIEW OF THE RECORDS. The most important loan made the past week was of $150,000 to Adolph Sutro for one year at 614 per cent by the Hibernia Savings and an Society, on blocks 670, 671, 577, 676, 763, 764 and 765, and portions of blocks 667, 628, 669, 672, 667, 668, 669 and 672, outside lands,and a lot at the south- east corner of I street and Seventh avenue, and another at the northest corner of J street and Seventh avenue. Other large loans were: By the Hibernia Savings and Loan Society, for ‘one year at 6)5 per cent, $40,000 on a lot at the southeast corner of Valencia and Quinn, lot 80 %‘x:fl; Jot on the east line of Valencia, 103 south of Quinn, 80x50; lot on the east line of Valencia, 82 south of Quirn, 23:8x80; lot on the east line of Valencia, 165 north of Fourteenth, east 180, north 205, west 99:78/, etc, and lot on the east line of Valencia, 55:8 south of Quinn, 47:4x80; ,000 to E. F. Preston, on property on the south line of Post street, 275 eastof Grant avenue, 37:6x62:6; $8000 to the Oakland Freight and Transfer Company, on property on the southea t line of Bluxome street, 91:8 northeast of Fiitn, 91:8x120; and by the Ger- man Savings and Loan Society, $20,000 for one year at 6} per cent, on a lot 25x125 on the iwest line of Castro street, 60 north of Twenty-first, 4 10t 50x125 on the east line of Sanchéz street, 150 north of Fourteenth, and a 1ot 250x125 on the west line of Castro street, 110 north of Tweuty-first. The largest release granted last week was_by Alexander Boyd and Jacob Z. Davis of $250,000 against the property of 1. J. Baldwin, ot the northeast corner of Market and Powell streets. Other impor- tant releases were: By the German Savingsand Loan Society, $14,000 to Christian Gehert on property on the northwest corner of Webster and O'Farrell, 62:6x87:6; by the same bank 10 Joseph Ross, 11,000 on property on the south line of Bush, fs’l 16 east of Stockton, 45:10x137:6, and $13,- 000 on property on the west line of dough, 125 Rorth of MoALiister, 25x100; aiso a lot on’ the south line of Bush, 137:6 east of Stockton, 45:10x137:6. Deeds were recorded the past week to the number of 112. There were only six builders’ contracts filed, representing a pledgzed outlay of i MISCELLANEOUS ITEMS. Eastor, Eldridge & Co. have an auction sale scheduled for Tuesday, ¥February 25, The beautiful residence on Devisadero street, near McAllister, built two vears ago by Hugh Keenan for Thomas H. Clunie at a cost of $11,500, has been sold to Daniel Roth for $12,000. David Bush of the country department of O'Farrell & Co. reports the sale of seventy acres near Glen Ellen, Sonoma County, for cash. E. E. Bunce of Oakland reports a greater inquiry for city property, and that build- ing was exceedingly active during Jan- uary, over fifty contracts having been filed. He also reports that there has been considerable street improvement, notably on Twelfth street, across Lahe Merritt. T. F. Baird of Alameda reports the sale of a lot 50x150 on Central avenue, near Benton street, to A. J. Samuel of the firm of Samuel & Knowles of Ouakland, upon which he will immediately erect a $6000 residence, and that he is at present en- gaged in making alterations in the Joe man house, at an expense of $2000, H. P. Moreal & Co._ are especially en- couraged by the demand for residences in Alameda during January, ag it indicates the advantages of the town are finding new favor with San Francisco and Oak- and le. ! P Ep%ounp of Alameda has recently 'made considerable improvements in his real estate offices, inciuding such accom- ‘modations as telephone, gas, etc, During his eight years’ residence in that town he has, single-handed, built sixty houses for clients. He reports the sale of two cot- tages the past month. he Joseph A. Leonard Company in seven years has built over 300 houses, most of which have been sold off on small monthly payments. “Recently,” said Mr. Leonard a few days ago, “we have not built so many houses -on account of the lack of demand. Now that money is easy and the disadvantages of other well advertised localities are be- coming known, Alameda’s building in- terests ought to prosper. That this is a favored locality by people rearing chil- dren is shown by the percentage of school children to the population, which is said to be the greatest of any city west of the Rocky Mountains. It is not necessary, however, that I should sound the praises of Alameda, for she speaks for herself.” E. D. Judd & Co. of Alameda report the sale of what is known as the Canal prop- erty, 100x240 feet, for $4000, and a lot on Buena Vista avenue for $2000 to Alexander Johnson; alot, 50x130, and house on Lin- coln avenue to V.P. Yellmini for $3000, and a lot, 50x130, adjoining to Mrs. Mor- genstern for $4000. McDonald, Mott & Co. of Alameda will engage in the building of houses to be sold on the monthly-instalimeht plan more: extensively this year than ever before. ‘Within the next thirty days they will sign contracts for no less than eleven new houses to cost from $1750 to $2850. Colonel J.C. McMullen, a capitalist, and president of the Oakland Investment Com- g:ny is gumne up a thirty-four room arding-house in the heart of Oakland. 0. G. May & Co. of Berkeley report the following sales: House and Jot, Scenic Park Tract,to Jane Cumberpatch, price $1500: lot 50 by 130 on Durant avenue, near College avenue, $1750; lot 45 by 135, on Haste street, $850; lot on Santa Clara avenue, Alameda, 50 by 150, $1400, ;gd lot on Warde street, near Fulton, 40 by Shainwald, Buckbee & Co. will hold their next auction at their salesrooms next Thursday. The catalogue includes pro- bate property, a fifty-vara on Presidio Heights to be sold as a whole or in subdi- visions, a neat house on Van Ness avenue, cottages 1n the Mission and in Richmond. Baldwin and Hammond report the fol- lowing sales: Lot on the southerly line of Fulton street, 187:6 west of Fillmore, 37:6x137:6, price $3750; lot on the easterly line of Eighth avenue, 50 feet south of C street, at 1050, size 25x120; lot on the westerly line of Second avenue, 225 feet north of Clement street, 25x 120, at $1050; lot on the southeast corner of Eleventh avenue and N street, 32:6x100. 50; lot on_ the westerly line of street, 75 feet south of Waller, 6507 lot on the easterly line avenue, 25 feet south of C street, 25x115, $1350; lot on the southwest corner of M street and Tenth avenue, 32:6x100 feet, $475; lot on the easterly line of Third avenue, 100 feet south of California street, 25x120, $1100; lot on the westerly line o6f Fifteenth avenue, 125 feet south of C street, 25x127:6, $550; lot on the southwest corner of Tenth avenue and M street, 32:6x100, $350; Ioton the easterly line of Eleventh avenue, 100 feet north of N_street, 75x120, $825; lot on the northeriy line of Green sireet, 125 feet east of Van Ness avenue, 25x125, $3150; lot and improvements on the westerly line of Third avenue, 150 feet north of Clement street, 25x120, $3090; also the following sales in the Castro-street Addition: Lot 22 in block 4, $425; lots4and 5 in_block 9, $750; lots 50 and 51 in block 3,$800; lot'5 in block 7, $375; Jot 13 in bloek 6, $350; lot 9 in block 75 7, $375; lot1in block 7, $425; lot 4 in block 7, 8575: 2 The old Panorama buildiag at Tenth and Market streets has been changed into. a most model and complete bi- cycling establishment, being the finest bi- clorama in the world. The old front has been entirely torn down and all of the old offices torn out, and in the place of the old front there is a new E]ata glass front with windows coming within fourteen inches of the sidewalk, which make a very impos- ing entrance thirty-eight feet wide and enable the passers-by to look into the store, which is thirty-eight feet wide by eighty feet deep, being one large open store fronting on Market street, used for the bicycie salesroom and showroom. The circular portion of the building has been divided into three stories, the first floor comprising the renting department, Adjoining this room is the ladies’ parlor, which is elegantly furnished and carpeted. The repair shop is also on the first floor, and is arranged with all of the latest im- proved power machinery and a large enameling oven. The shop is on the cor- ner of Tenth and Stevenson streets, and has windows on both streets, making it extremely light and perfectin every ap- pointment. On the Stevenson-streei side 18 the entrance to the stock and shipping room. This room is semi-circular in shape, and the outside of the room forms an arc about 175 feet long by about 40 wide, and 1s_arranged to gloh{ bicycles, with a capacity of 2400 crated machines. This combletes the first floor of the build- ing. The second floor of the building is ar- ranged into four separate divisions, includ- ing the gentlemen’s parlors, smoking- room, toilet-room, baths, showers and lockers; secbnd, the up&nr ortion of the repair shop, which is a duplicate in size of the main Trepair-shop; third, the upper story of the stock and shipping room, which is also the same size asthe main ptock and shipping room; the fourth divi- sion on the second floor is a deck to the salesroom. The third floor of the building is one large open room 380 fect in circumference and covering a floor space of about 12,000 square feet. It contains two riding acade- mies, one for the ladies and one for gentle- men and ladies. The inside or ladies’ track is about 240 feet in circumference and is used to teach beginners until they get ac- customed to the wheels, after which they can ride in the larger academy 1f they wish. —_— THE INGLESIDE HOLD-UP, Real Facts of the Affair Brought to Light by the Po- lice, James Monahan, Who Was Known to Ranken, Acknowledges Taking the Diamond Pin. The police have been investigating the alleged hold-up of Joseph Ranken, mana- ger of the Ingleside Hotel, on Wednesday evening by two young strangers, who stole his diamond scarf pin worth $65. The affair had caused a feeling of terror among the residents of that locality which made the police determined to sift the matter to the bottom. Captain Lees detailed Detective Cody on the case, and aiter making an investiga- tion he reported that he had grave doubts as to tbe story told by Ranken and gave his reasons. Detectives Gibson and Wren yesterday morning were able to show the true facts. They found James Monahan, a young man well known in the City, and took bim to Captain Lees. Monahan told the cap- tain that he and a friend, Tom Roche, went out to the Ingleside Hotel on Wednes- day evening to see Ranken. Some time ago Ranken had advanced $25 to Mona- han’s brother Henry of Los Angeles, who until recently was a saloon-keeper there, and Henry gave Ranken thediamond scari pin as security. Monahan, who said that Ranken has known hix since he was a boy, got Ranken into a private room and asked to have a look at Henry’s diamond pin. Ranken handed it to ‘HE and he refused to return it. Ranken ran into the barroom, whers there were four or five people, and got a revolver. He threatened to shoot Mon- ahen unless he returned the pin, and Monahan ran out of the hotel followed by his friend Roche and took a car into the city. fionAIun gave up the pin and Captain Lees allowed him to go, as he promised to B on hana whenever the captain wanted im. The police are at a loss to understand TRanken’s reason for withholding the facts and making 1t npr_‘ur that the young men were strangers to bi: . NEW TO-DAY. WORDER OF MY AERCAY U Natives Who Chew It Noted for Muscular Development and Ability to Endure Hardship. UNITEDSTATES ARMY EXPERIMENTS Athletes Adopting It—A Specific for Inebrity, an Antidote for Opium and a Remedy for Many Human Ills. The unbounded success which has at- tended the use of Vino Kolafra by college athletic trainers and the beneficial results derived from it by whole battalions of troops on march, and the recently re- reported experiments made by United States army authorities, is attracting tue attention of the leading medical scientists of the world. Vino Kolaira is a preparation from anut called steraculia (also named Kolafra), a roduct of the West Indies and Airica. his nut 1s the fruit of a tree which grows from thirty to sixty feet in height. Itis of darkish hue, irregular contour ¥d about one-half the size of an egg. The fresh nut is constantly carried and used by the natives. They chew it, and the bene- fits are direct and potent. These nut chewers are noted for their muscular devel- obment, symmetry of p.ysique, power to endure hardship and toil and apparent ex- emption from sickness and dicease. They are bright, active and athletic and attribute their condition to the use of this nut. This article, in the form of Vino Kol afra, is now extensively used in this coun- try by athletes in training and physicians prescribe it in their treatment of patients. 1t has been largely experimented with in army circles. A modified form of Kolafra, which is exactly the same in effect, has been adopted by the French and German armies aspartof their marching rations, and it is now being tried in the United States army with the view of adopting it for the same purpose, as, in the language of Trainer Murphy of the New York Athletic Club, “'it is impossible to make a man tired”’ while taking Kolafra, its tonic properties being invaiuable. Dr. A. L. Gibon, medical director United States navy, Washington, in a de- tailed report of the action of this remedy made to the Naval Medical Society, says that he “had occasion to use it in the treatment of neurasthenia.” The patient was a Jlady. Her nervous system was seriously deranged, she suffering with excruciating headache, nausea, insomnia, great despondency, palpitation, inter- costal neuralgia and impe:fect secretions. After treatment with quinine, arsenic, iron, bitter tonics, guarana, etc., the symptons were not mitigated. He then administered a prescription made from this nut with remarkable effect. The head- ache disappeared entirely, the appetite was recovered, muscular vigor regained and mental dejection relieved, refreshing sieep produced and thesecretions became normal. The remedy caused no gastric distnrbance or constipation, as had attended the prior use of Chocolate. The remarkably satis- factory results of this case induced him “to recommend the remedy as a nerve stimulant and an invigorating and waste- preventing agent in other neurasthenic cases. It produced its effects without marked excitation of the circulation, and consequently with no after effects of de- pression or exhaustion. Itisa mentalex- hilarant, overcoming despondency and brightening the intellect without resultant languor. Itimparts tone to the muscular apparatus and secreting organs.” n & subsequent article Dr. Gihon reiter- ates his opinion of the therapeutic value of this remedy, and cites the case of a physi- cian’s wife, who was a sufferer from aggra- vatirg sick headache, great prostration and other nervous phenomena. The suc- cess in this case was as pronounced as in the one first staled. A few doses of the remedy was followed by a speedy abate- ment and final disappearance of the cus- tomary monthly attack of headaches, which had been in all previous cases ex- ceedingly persistent and intensely painful. These are onlv two of the long list of successful experiments with the article de- tailed in the leading medical journals. Vino Kolafra is the form in which the nut is generally used, it being most effi- cient, more palatable and agreeable to take. Its action on the system 1s that of a fowerlnl tonic invigorant and stimulant. n the case of soldiers, athletes and per- sons undergoing unusual physical hard- ships it stimulates the heart, causing a strong, regular pulse beat, producing an even gtimulation of the whole muscular system, and at the same time imparting prolonged strength and endurance; allay- ing hunger, preventing all waste and restoring energy. Indeed, it may be called Nature’s own tonic and stimulant, leaving no detrimental reaction, as in the case of alcoholics, but generating and develoving nervous force and muscular strength by Nature’s own methods, penetrating to every part of the body, acting on every cell of blood, muscle and bone tissue until all portions are alike benefited. e As a stimulant in athletic trainihing it is highly recommended by M. C. Murphy, traiuer of the N. Y. A. C. and of Yale Col- lege; by Arthur T. Lumley, editor and proprietor of the New York Illustrated News, and tumerous other athletes and trainers. The intense thirst provoked by athletic training is only aggravated by al- coholic stimulants. In Vino Kolafra is found a remedy which not only allays this thirst and alcoholic ecraving, but prevents nausea, s% often attendant upon over- training. It maintains the equilibrium of the heart-beat, producing free and unla- bored respiration during long tasks of ac- tive exercise. The use of Vino Kalafra is also indicated n alcoholism. Dr. James Neish of Ja- maica says of the remedy: “For inebriety it is a specific; a single fresh nut ground up and made into paste with water or spirits will cause all signs of intoxication to difappear in half an hour.” It pro- duces no bad effects, causes a sense of lightness and well being, nervous depres- siop ceases and the mental condition of the patient is at onc: changed. It does not produce a habit, and the use can be discontinued at any time. It quickens the brain and excites the imagination, It counteracts the effects of alcohol, opium, ete., and satisfies the inordinate cravin, for such stimulants, producing a feeling contentment and rest. In the recent athletic games between our representative athletes and those of England the Britons acknowledged the superior system of training of the Ameri- cans, An imgortant part of this superior system was the use by all our contestants of Vino Kalafra during training. The re- sult was a long line of world record-break- vietories for our boys. n_ the London Practitioner Surgeon/R. H, Firth, speaking of this remedy, says: “It fayors increased oxidation of the tis- sues, has a peculiarly stimulating action on the nervous system, and, though not in itself a food, yet possesses qualities in- herent which ‘guard against exhaustion.” Kolafra has some properties analozous to those of coffee, tea, etc., but its remedial value is due to other and different power- ful principles, vastly superior in effect, which facts point to the possibility of its superseding tea and coffee as a table bev- erige. Its medicinal use is indicated in angmis, in chronic affections of a debili- tating character, in nervous troubles, in convalescence from severe ailments, dvs- EEpsia, biliousness, diabetes, diarrhcea, eadache, ete. As before stated, the most convenient form for use in any case is the Vino Kolafra, now being sold by druog- ists, and which is prepared by Johnson & fiohnson, 92 William street,” New York, the chemists who prepared the product for the Yale athletes and for the Government authorities. E. H.