The Editor's Bag tionality of
class
legislation
in
this
country. It seems probable that some advo cates of workmen’s compensation will de mand relief from their dilemma by resort
ing to constitutional amendment, but such a procedure would be in the highest degree objectionable. A much simpler way out is to be found in an elective
system of compensation, under which a contract is presumed to exist unless either the employee or the employer gives notice that he prefers to be gov erned by the older liability. This is
the system which has been embodied in
the
New
Jersey
statute,
which
appears to be fairly on the whole conser
1‘.,_ ‘,‘i Hv
vatively drawn. The outcome of the New Jersey experiment will be watched with in terest. We believe that under an elec tive system a large number of industries are likely to come voluntarily under the act, on account of its reciprocal benefits. Anything tending, by proper means,
267
The Torrens law enacted in 1908 met with some disfavor because of some provisions which were believed to be
adverse to the security of rights in property, and an effort was made to strengthen the law by amendments
adopted last year.
These amendments
seem to have been largely the result of a compromise, and not to have accomp lished all that was desired by those who wished to strengthen the law. Efforts
are likely to be made, therefore, to amend the law still further to remove the apprehensions of those who believe that the law aflords too great opportunity for fraud and mistake on the part of examiners, and to encourage the public to make greater use of a system which has not met with a particularly hospitable reception. One speaker at the meeting
of the New York State Bar Association said that under this law a man may go
to Europe for six months and return to find that his title to property may have
IN
passed absolutely to another. The decision of the United States Supreme Court in American Land Co. v. Zeiss (23 Green Bag 155) has not increased public confidence, but has tended to create the feeling that a title may be set up without adequate notice to all interested parties. The advantages of the Torrens sys~
LETTER from Gilbert Ray Hawes, Esq., of the New York bar, which
law of conveyancing which can have the effect of simplifying the method
we publish this month, directs attention to an interesting decision of the New York Court of Appeals on some old land titles in the upper part of Manhattan.
justice to all parties concerned, should be welcomed. It is no criticism of
to diminish the volume of personal injury litigation and to afford simpler and more certain relief vto employees
without injustice to the employer is strongly supported by every considera tion of public policy. THE
TORRENS SYSTEM NEW YORK
tern are obvious, and any reform of the
of perfecting titles in land, with entire
the Torrens system, however, to find the law of any one state defective, and the
Mr. Hawes ofiers the suggestion that the result of this decision may be to cause some persons insecurity, and that
the best in the country on the subject.
the best way for them to perfect their titles and to ward ofl' “strike" suits would be by means of the procedure
- 1!
exam?‘ provided for by the Torrens system.
out in the report of the committee of the New York State Bar Association headed by Mr. Charles A. Boston as
med“
011511“ I
New York law can hardly be said to be It is important that the defects pointed
