The San Francisco Call and Post from San Francisco, California • Page 9

LIVELY SESSION OF ANDEAVORERS Dr. Brown Reprimands One of the Christian Workers. UPHELD BY THE PEOPLE. Young Henry Knapp Refers Indirectly to the Troubles of the Church. WITHDREW FROM THE SOCIETY.

Mrs. Brown Thinks Mrs. Cooper Should Not Council Will Not Be Delayed. The Assembly-room of the First Congregational 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 only 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 discussion. The leader made a few remarks appropriate to the occasion and then invited others to speak on the subject. Dr. Brown said a few words fitting the lesson, followed by young Henry Knapp. "The lesson teaches us many things," he said; "none more pertinent than that which is to be found in our own society.

1 sometimes think that this society is built on sand that we can never succeed as long as there is 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 managed to continue his remarks, in the course of which he made ah indirect allusion to the troubles now agitating the First Church. Dr. Brown turned sharply around, saying: stop that, young man. This is not the time nor place for that sort of thing." But young Knapp wa.

not to be disposed of in that fashion. He said a few words about his right to speak, when Dr. Brown started the hymn, "Nearer, My God, to Thee," in which three-fourths of "those present joined. Knapp jumped to his feet and in a voice that could bo heared above everything else, declared that he would never attend another meeting so long as Dr. Brown continued a member of the society.

With that he walked hastily from the room followed by six or eight of his friends. At the conclusion of the hymn another young Endeavorer secured the floor, sayingj, among, other things that he thought member had a perfect right to talK as the spirit prompted him without interruption, and that he too would withdraw from the society for the time being. He immediately left the room followed 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 herself alone, concluded it was best to allow the yonns: mau to conclude his statement. When matters had quieted down, Dr.

Brown a.am 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 conditions of church affairs, such innuendoes were clearly not to be borne in silence. He loved the young 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 conclusion of the meeting Dr.

Brown's friends and many who have hitherto opposed him in Christian Endeavor affairs came forward and assured him of their regret at the unfortunate occurrence, and further stated that he had done perfectly right in calling young Knapp to "Dr. Brown was perfectly right in what he "said Professor "Lloyd, who: attended the meeting. "Under the circumstances 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 Lloyd occupied the pulpit of the First Church at both morning and evening services yesterday, preaching 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 occupied a pew in the rear of the church, and, further than to raise his voice in song, took no' part in the services. Mrs.

Cooper was in a happy frame of mind yesterday. Her bible class was even more largely attended than on the preceding Sunday, there being probably 130 many of whom were strangers. The subject for the day was the "Sermon on the Mount." "It is strange," said Mrs. Cooper, "how very appropriate tbis was to the troubles which now surround us. It so happened that I had the same lesson in 1887, and as I was tired 7 and weary after the week's trials I concluded to use it.

There were many notes made at that 1 time which suited the case perfectly, but, for i 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 her 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 considered an earnest, devout Christian. When a young woman she received a blow on head, which for a time threatened not only her life but her reason. Much of the trouble she has brought on herself is attributed to a mind not wholly responsible. 7 1 One of the letters received yesterday was from the miners of Virginia City, warmly indorsing all that Mrs. Cooper had done.

Mrs. Brown thinks that Mrs. Cooper should not continue teach 7 the Bible class until her name is cleared 'of the charge made against her to the effect that she forced the mother of three fatherless uildren from her position. "It would be in better' taste," said Mrs. Brown yesterday," "if Mrs.

Cooper would cease her relations with the Bible class until she has cleared herself of the charges made an; honorable woman. She lncists on my husband, who is accused by a' most disreputable person, not occupying his pulpit until lie is fully She should at least bo consistent." In explanation; of this Mrs. Cooper says 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 backup this statement.

7'y 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. It is not necessary to submit the matter to 7 the First Church, as the resolution introduced by Dr. Brown at the prayer-meeting calling for the council gave the committee full power to act. The church has. the right, however, to object to any of tbe 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. Davidson will in all proablity be set for hearing the preceding day. There is reason to believe that Mrs. Tunnell, whose mysterious disappearance constitutes one of the features of the Brow Davidson scandal, has returned to this vicinity, A call was made upon Mrs.

Hortori, 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 formerly stayed, it was stated that the proprietress had left early in the morning ostensibly to attend the funeral of a friend.

She had not returned at 11 o'clock last night and it is thought she is with Mrs. Tunnell. Dr. CASE TALKS. He Agrees With Rev.

Davis on the Governing: Motives of Newsy' papers. Rev. Dr. W. W.

Case, the eminent Methodist yesterday afternoon informed 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 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 they would prove themselves to be cowards. The text which the preacher quoted in the evening, after he had issued his declaration of war on the newspapers, was as follows: Micah 8: "And what doth the Lord require of thee but to do justly, and to love mercy, and to walk humbly with thy God?" Then, when he had spoken of the requirement 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 is no lack of devils to torment him. I would quite as soon be in Dr.

B. place as in the shoes of his tormentors. He may be a many of his pursuers certainly are. They are the canting hypocrites who ring all possible changes on the religion of the golden rule. They are the people who go into ecstasies over the doctrine ot the fatherhood 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 Armenians. We send money and missionaries to Turkey and petition Congress to intercede lor the Armenians. But who sends missionaries to us? Who writes petitions for the wronged and persecuted who dwell among us? Who pleads for a drop of the milk of human kindness 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 opposed to Christianity! Where shall we look for the exemplification 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 I get irritable, but the peacher went on In what editorial sanctum in San Francisco may we look for the manifestation of the spirit of brotherly Where shall we -look i lor newspaper correspondents who have words oi sympathy and help for the accused? What ghouls are there like the newspaper reporters, who may be naturally kind, but who are compelled to be Ishmaelites in order to retain their positions? They must get what they call a and get ahead' of some other paper at all cost. No matter who suffers unjustly, no matter whose home is broken up, no matter who goes down in the swirling waters; innocence, virtue, home, family and children, these are nothing; hurl them all into the vortex and let them go under, for sensationalism must be kept up. i Rev.

Cader Edwards -Davis of Oakland, the preacher who won fame and distinction by dancing in his pulpit, has said the same thing and Mr. Davis knows because I 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 assault entirely out of the "brotherhood" Dr. Case continued: Those who talk of human brotherhood and then rake up everything true or false, especially the false, that was ever hinted at or suggested against a man or woman are hypocrites of the worst kind and deserve a warm: place. in limbo.

Abraham could not have stood such a test as that, neither could Moses, nor David, nor Jacob. had all committed sin. Abraham and Jacob used deception, Moses slew the Egyptian and David broke the decalogue air to pieces. These things the preacher seemed to regard as all right for Abraham and Jacob, who used deception; and for Moses, who clew the and for David, who smashed the His criticism was aimed only at newspaper and whatever 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 a prevaricator, not to use a harsher term.

This, also, the preacher uttered, reviving some more old scandals that the papers would never have known Then 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 pardoned sinner, "I will remember your sins no more forever; I will cast them into the depths of the But modern journalism says, "No matter where God casts your sins, we have got a muck-rake and a dragnet and will. them up." They work bravely at their task. If there are really no black sins to fish up they are satisfied to haul up a lot of dead fish of a species called smelt, and all the better the more they smelt. The latter remark, or 'joke, would ordinarily'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: '7' plead for a suspension of judgment until the case shall have been tried. I plead in the name of humanity, which in this" has been trodden into the dust. I plead in the name of Justice whith has been frightfully outraged." I plead in th! name of mercy, whic.i, being thrust aside, weeps over "man's inhumanity to man." 1 plead In the name of common law, which accord, every citizen the right of trial before his peers. I plead in the sacred name of woman, whose just and noble, cause has been seriously imperiled by the unwoman- Uness and uncbristlikeness of of her distinguished representatives.

Here, of course. Dr. Case aeain departed from his text. He also forgot to give the women the privilege of trial by jury, but he was speaking -only in the assumed-interest of Dr. Brown.

I take the same position with reference to Dr. Brown that I took in the Durrant case. I said more than once from this platform, during Durrant's trial by newspapers, before the trial by jury, that the men and" women who were declaring that tney would lite 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 accused ought to have the benefit of the doubt until he should have been proven guilty. I demand the same fair treatment for Dr.

Brown. 1, He is not accused of murder, treason or highway robbery. No one sues him for damages; no one accuses him of having done personal injury; The matter Involved -in his case is the grave but single question "Has he lost his integrity as a he guilty of immorality? This Is a matter the church can without the harsh methods of the editorial- inquisition. This is a matter affecting the moral character" of Mr. Brown.

Why all this ado over the affair? Is Mr. Brown the THE SAN FRANCISCO CALL, MONDAY, FEBRUARY 10, 1896. 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 A searchlight with colored lenses to suit the demands of the "scoop" business? f. Does some on reply paper men do not i pretend to be models of In reply I would say, I dare" venture the "assertion- that the greater number of their class claim a higher standard of uprightness than they really attain unto. Why not make an example of one of them and let us see what the eleuthhounds 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 suspicions, Insinuations and innuendoes, to say the least. is many weeks since I have seen Dr. Brown or had any conversation with him. He has no more idea of imy attitude toward him than you had when you came into this room to-night. My sympathies are always with the man who is being kicked after he is fallen, no matter whether he has been knocked down or lias slipped It is inhuman to kick a man alter he is down.

i. It is high time to call a halt in this disgraceful I voice a deep and widespread sentiment when I condemn the cowardly practice of the sharpshooters. 1 his long, drawn-out discussion of the current scandal is not in the interest of Dr. Brown nor his church, nor of the people, nor of public morals, but for the love of the almighty dollar, and tne consuming ambition to have 'our paper" come out a neck ahead in the race. It is generally only a nose ahead, for the papers that employ the -longest-nosed reporters succeed in putting their noses deepest into other people's business.

Why has no one spoken a word fori Dr. Brown? 1 believe in him and shall continue to do so until he is proven guilty by a properly constituted tribunal, and I beg others to do the same. I plead in the name of public morals, which have been corrupted and degraded by the unwarranted course of the self-constituted triers of the accused; I plead in the name of social order, which by the lawlessness of unjust criticism is being overthrown. It Is said in justification of the course which I condemn, "Dr. Brown has acted very foolishly." Suppose we admit it.

"To err is human." He may have acted very unwisely. What 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 "Ashes to ashes, dust to dust." 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 arrest of the woman Mrs. Davidson?" 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 between the lines of the type-written copy sent to The Call is the sentence: There is no apology for her infamy. .7 Referring again to Dr. Brown, the Howard-street preacher asked: Was not his course a legal and straightforward 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 makes enemies by his imperious and pugnacious and arbitrary manner. Admitted; the criticism may be perfectly just, but yoa would not put a man in hades because he has a fiery, choleric temper, would you? You would have a little charity, I imagine, for one who might have been put together with a somewhat different constitution 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 cunning rascal, it is probable he would have adopted 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 to do an unwise thing.

But suppose he did it to entrap one whom he believes to 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 justice? "Very foolish to do it," you say. Yes. probably; but does that prove him guilty. Would you hang a mau on such evidence as that? I Are there not two constructions possible to jbe put upon such an act? Would not common decency require us to put the best construction upon it, so long as the accused claims to have acted with such motives A few words about the church as an ecclesiastical body, and the preacher's work of disciplining the newspapers was done: The whole affair is a hard strain on Congregationalism. The weakest point in Congregationalism is its judicial economy, i Of necessity it moves more slowly and more cumbrously than most other churches in cases of administration.

But give them time and they will get at the bottom facts and will deal justly with all concerned. It seems, unfortunately, to be assumed by the managers of the press that the church cannot determine the moral value of Dr. Brown without their constant and unremitting attention. In this they are mistaken. The church will settle that matter without a whitewash.

It is true the church is not above criticism in i this matter, tor the spectacle of a regular Wednesday night prayer-meeting turned into a veritable' bedlam, as has been done more than once in this City, is enough to make I angels veil their faces and weep for shame and sorrow. 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 and ocean beach. One was discovered at the 7 foot of the Point Lobos rocks, and the other body lay upon the sands far down the beach.

On neither of them could be. found anything by which the men could be identified last night. The body beneath the cliffs, was that of a man age, tall, a light mustache and clothed in a suit of dark checked' material. His face, bruised and 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 the Morgue they had to call for assistance from the life-saving men, who, with blocks, 7 ropes and 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 bis vest. The other body was discovered: shortly afterward on the beach. It was that of a young man of splendid physique and heavily built.

The i dead man had on a white and blue check shirt of large pattern and a dare bow tie and dark tweed suit. His face was clean shaven, and he wore his dark brown 7 hair long 7 and 7 apparently combed back from- a high forehead for despite the rough usage of the waves his skin had a fresh color and his hair was not torn or tangled badly. the Morgue they said he had not been in the water more than ten hours. 7 'j 7 7 The only property his pockets consisted of a small notebook with the names and writing on its pages crossed out and 13 cents in coin. 7 7 rA i story came i from across the Golden Gate that a boat had capsized, and one of its occupants got asnore, while the other went down.

It was thought that either of those bodies came from that about 5 which no positive information could be heard last night. He Changed His Mind. William Howard, an opium fiend, met Officers Calllnan and Snowball on Sutter street last evening and said that he wanted to be put in jail, where he could riot gat the drug. The officers called the 'i patrol wagon and charged Howard with being a vagrant. On the way to the station the prisoner changed his mind about being locked up and jumped from the wagon.

He ran for several blocks pursued by Officer McGrath; Howard took refuge in the basement of a building 'on Polk street," near Van Ness avenue, and threatened to brain his pursuer with: a billet of kindling wood. He was overpowered and locked up. REALTY MARKET REVIEW Salient Features of the Torrens -Title Law of i Chicago. ALAMEDA 1 BBOKERS 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 considers to be the security of 7 a good title, know that his money is safe? What redress has he if the title prove defective and in consequence his investment be a bad one? Cognizant of these facts, legislators throughout the civilized world have racked their brains in their efforts jto throw safeguards around the ownership of land and to enact such laws arid forms in the transfer of same as would afford proper protection to the varied and complicated interests concerned. The good reports from the city of Chicago of a system of registration of titles, recently, adopted, and the appointment by several of the States of commissions to examine into the merits' of the landtitle law in force in Australia and in some parts of England, and from which the Illi.

nois statute originated, makes the present a fitting, time for a few suggestions concerning it. From a lengthy paper read before the Six-thirty Club recently, 7by 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, a registration of deeds, and, secondly, a 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 a local 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 additional validity between the parties whatsoever. 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 instrument is valid as between the parties thereto and those who have notice thereof." Nor does the transcription of the document in a 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 I ment a bill which I shall notice hereafter, declared that "the objections to a register of deeds are so manifest that hardly any person in the present day would- venture to propose it. It would not simplify title in- the least. It only puts on a form of record the whole 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 pay for searchers in the registry and also to pay in some shape cr other the expenses of placing the deeds upon it." With this brief statement of a few of the radical defects in the system of the registration of deeds I pass to a discussion of the second system, registration of title. In its essential features it is practically the system introduced in South Australia in 1858 by Sir Robert Torrens, but inasmuch as the details of the scheme differ somewhat in the various attempts which have been made to introduce it in this country I will take as tbe basis the recent act passed in the State of Illinois for the County of Cook.

I do this for the reason that the act introduced in the Legislature of California In January of the last year had one feature quite unlike the Torrens system. '7 This bill passed the Assembly at Sacramento, but was withdrawn in the Senate. v- A- general feeling prevailed that not enough attention nad been given to it to enable the Senators to vote intelligently. The difference between a registration of a deed and the registration of a title is fundamental. The essential feature of the latter is that title passes only by the entry of the transfer upon the official register, and not by virtue of a deed between the parties.

The title thus transferred and authenticated gives an indefeasible title. The owner therefore does not aepend upon a deed from his grantor but upon a certificate of title issued to him by the official registrar. It is therefore precisely analogous to the transfer of corporate stock or of a ship. This brief statement would seem to be charming in its simplicity and effectual in operation, but the plan', by which it can be worked out presents by no means an easy problem. First, the method by.

which land can be brought under the system. In England and Australia parties are controlled by. no constitutional limitation, and therefore have the right arbitrarily to fix a date upon which' all persons then registered shall be admitted to be the rightful owners of the property, or to create in the Registrar absolute authority to pass upon the title of every applicant. Such a ruling is not possible in the United States. For, if.

A and each claim a of land and A succeeds in getting his ti ie first registered, cannot there by be deprived of his right to apply to the courts, for, if so, the Registrar would have deprived him of his property without due process of law, contrary to the fourteenth amendment. It is, therefore, essential, in beginning, to get over this constitutional objection. The method adopted in Illinois is as follows: A persor desiring to have his property registered: must make a verified application to the Registrar setting forth In detail the description of his property, whether he is married or single and has estate in tbe land, and whether the same be occupied or not. Thereupon the Registrar, through two examiners (attorneys-at -law) authorized to be employed by him, causes an examination to be made of the title and as the truth of. the matter set forth in the application.

He makes minute inquiry as to the possessory, right, and posts up a notice on the property for a period of ten days, requiring all persons who have ai.y Interest in or claim to the laud to appear beioi the granting the certificate of title. If it appears to the Registrar that the facts stated in the application are true there Is issued to the applicant a certificate of title, and from that time forth the land Is within the operation of the act. The form of the certificate is somewhat as follows: "John Doe of San Francisco, aged 25 years, unmarried, is the owner of an estate lin fee 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 December, 1895. Registrar." As soon as this certificate is granted the Registrar makes and publishes in a newspaper a list of all registrations effected during the preceding week and also posts the same in his office.

It is then provided that no person shall commence any action for the land or assert any interest therein adversely to the first certificate unless they make known their claim to the Registrar within five years after the first registration. is no exception to this rule that the person is a minor, a i lunatic or under disability. It will be noticed that this last provision attempts to meet the constitutional objection by placing the foundation of the title, not upon any act the Registrar, but upon lapse of time. The proceeding is akin to a suit to 5 quiet title brought by the" then owner against all persons known unknown. A title acquired by a decree in such action has frequently been declared valid by the Supreme Courtof the United States.

That the Legislature has power to create this statute of limitations or to shorten one already existing is undoubted. An objection may at once be here raised, that this proceeding would be a sort of hornet's nest stirring' up all the slumbering blackmailers, who would hasten to- file' a claim on every certificate of title issued. This Is probably so, but would have the advantage of bringing them to the light, for, once asserted their claim upon the register they are compelled to bring appropriate action to assert their; claim within this period jof five years. The i machinery of the courts, would thus be set in motion and the true owner would i have the right to prosecute it vigorously to a conclusion. i Possessory title is acquired after the land; has been once registered, and it is entirely optional whether it.be registered or: it is transferred.

by a surrender of tne certificate to the Registrar and an issuance of a new one to the grantee. Between the parties this may be done by any of the recognized modes of conveyance, and I that forms a contract them which may be enforced in law, but, as stated before, its validity as a conveyance does not exist until the certificate is yy 7 If the Registrar is satisfied that the supposed grantor appears upon the register as the owner of the land, he notes upon Che original certificate the fact of the transfer, issues a duplicate new one to the grantee, upon which shall appear the volume and page in which the new certificate is registered. And here the second constitutional objection arises. Let us suppose that A has' acquired a certificate to land. The action of the Registrar in reality erroneous in issuing this certificate; and Bis the true owner.

Both; the examiners and the Registrar nave made a mistake. Before can make known bis claim A has transferr ed the property to who of course relies upon the certificate and takes absolute title. Has a right; to proceed 'in an action at law to set the transfer aside? Unless some I provision were made in the act for this contingency, the answer must be "yes," because otherwise the Registrar would have usurped the functions of a judge; that is, when he pretends to decide as between A and 6 he is really, exercising a judicial function, and it not being in accordance with due process of law the proceeding is a nullity. To obviate this the following section is incorporated in the act: 7 "All dealings with the land or any estate therein, the same as been brought under this act, and all liens, incumbrances and charges upon the same subsequent to the first registration thereof, shall be admitted to be subject to the terms ot this act and to such amendments and alterations: as may hereafter be made. The bringing of land under this act shall imply an agreement which shall run with the land that the same shall be subject to the terms of the act and all amendments and all alterations 7 In other words, by bringing his land under this act the owner makes an agreement that the registrar, 7 supervise ail transfers of title that may hereafter take place.

The registrar is created an arbitrator for the purpose of deciding those questions. It has frequently been held that an agreement to submit a matter, to as, for example, the ordinary arbitration clause in insurance policies, is valid, and although this question must first be decided in the courts before absolute safety is felt, it would seem to oe a valid condition; at least such was the opinion of the eminent constitutional lawyers who passed upon the Illinois act. provision extending the statute for five years minors and infants is one which has occasioned much difficulty. Ordinarily, of course, the statute of limitations itself does not run -as against a person who is under But if we were to except minors or lunatics from the operation of this act it would be necessary examine every title, for certainty could not exist as long as there was a possibility of an adverse claim. No clear starting point can be bad which does not cut off all claimants alike.

This section 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 Is an absolute guarantee of title. Should the Registrar and his examiners make a mistake the State is responsible. But it is urged that if A succeeds In getting a certificate to land to which Bis justly entitled, may not wish to have damages, merely, but may wish his identical land lt may be a homestead or dwelling 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 a certificate being forged, but this exists even greater extent in the present. system, and the cases at present in which a notary has been deceived as to the identity of the person making the oath are exceedingly rare. So long as A retains the title is not In any way prevented from still recovering the land from him in an action. But if A transfers it to an innocent holder, then is compelled to make his claim for damages to the State.

In Australia there has been created an insurance 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 incorporated in the Illinois system, owing to the five-year 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 adjusting every possible case. The limits of this paper forbid a detailed examination 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 realestate lawyers who have seen the plan in actual operation, that there is no insurmountable objection to the application of the system to this State and country.

It is commonly urged that the fact that has worked remarkably well in Australia, where the source of title is very near and where the complications in transfers are very few, is no argument for its adaptability to this coun. try. i Lord Coleridge, late Chief Justice of England, in 1872 in speaking of the applicability of this system to England declared tie "had never been able to perceive the obstacle to applying to land the system of transfer which answered so well when applied to shipping, 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 intellect, as he failed to perceive the impossibility. The remarkably clear and logical paper which was read by Sir R. R.

Torrens relieved him from that painful impression, and the statistics of the successful working of his system in Australia amount to demonstration, so that the man who 'denies the practicability of applying it might as well deny that 2 and 2 make 4." It seems to me that with us in California the application of the system should be particularly easy. We have had, under the control of our Spanish land grants, a well-known instance of an attempt 'i to form i a conclusive starting point. by the application to the commission of 1852. We are still a comparatively. young State, and whatever errors are now upon our land- title records will be perpetuated as time goes on.

'It is certainly a subject for consideration as to the advisability of a thorough study of this question in order to impress the Legislature with its importance. 7 7 REVIEW OF THE RECORDS. The most important loan made the past week was of $150,000 to Adolph Sutro for one year at per cent by the Hibernia Savings and Loan Society, on blocks 670, 671, 577, 764 and 765, and portions Of blocks 667, 628, 7 669. 672, 667, 668, 669 and 672, outside lands, and a lot at the southeast corner of I street and Seventh avenue, and another at the northest corner of street, and Seventh avenue. Other large loans were: By the Savings and Loan Society, for one year at per cent, $40,000 on lot at the southeast corner of Valencia and lot lot on the east line of Valencia, .03 south of Quinn, 80x50; lot on the east line of Valencia, 32 south of Quinn, lot on the east line of Valencia, 165 north of Fourteenth, east 180, 7 north 205, west and lot on the east line of Valencia, 55:8 south of $30,000 to E.

F. Preston, on' property on the south line, of Post street, 275 east of Grant avenue, $8000 to the Oakland Freight and Transfer Company, on property on the southea line of Bluxome' street, northeast of Fiftn, and by the German' Savings and Loan Society, $20,000 for one year 'at. per cent, on a lot 25x125 on the west line oi Castro street, 60 north a lot 50x125 on the east line of Sanchez street, 150 north' of Fourteenth, and a lot 250x125 on the west line of Castro street, 110 north of Twenty-first. The 1 largest release 'granted last week was 7, by Alexander Boyd and Jacob Z. Davis of $250,000 against the property of E.

J. I Baldwin, at I the northeast corner of Market and Powell streets. Other important releases were: 'By the German Savings and Loan Society, $14,000 to Christian Gehert on property on the northwest corner of Webster and O'Fairell, by the same bank to Joseph Ross, $11,000 on property on the south line of Bush, 137:6 east of Stockton, and on property on the west line of Gough, 125 north of McAllister, 25xlo0 also a lot on the south line fof 137 east of Stockton, 7 Deeds were recorded the past week to the number of 112. There were only six builders' contracts filed, 'representing pledged outlay of $29,209. yy;" MISCELLANEOUS ITEMS.

Easton, Eldridge Co. have an auction sale scheduled for Tuesday, February 25. The beautiful residence on Devisadero street, near McAllister, built two years ago by Hugh Keenan for H. Clunie at a cost of $11,500, has been sold to Daniel Roth for $12,000. 7.

David Bush of the? country department of f. O'Farrelly Co. reports the sale -of seventy acres near Glen Ellen, Sonoma County, for $2500 cash. 7 E.E.Bunce of Oakland reports a greater inquiry city property, and that build-; ing was active during Jan-' vary, over fifty contracts having been filed. He also reports that there has been considerable street; improvement, 1 notably on Twelfth.street, across Lake Merritt.

T. F. Baird of Alameda reports the sale of a lot 50x150 fon Central avenue, hear Benton street, to A. J. Samuel of the firm of Samuel Knowles Jof Oakland, upon which he will 5 immediately erect a $6000 residence, and that he is at present engaged in making alterations in the Joe Goodman house, at an expense of $2000.

H. 7 Co." are especially encouraged by the demand for residences in Alameda during January, as -it indicates advantages of a the -town 'i are finding new favor with San Francisco and Oak- land people. J. H. Young of Alameda has recently made considerable improvements his real 1 estate including i such accommodations as I 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 cottages the past month. ,7.7: The Joseph A. Leonard Company in seven years has built over 300 houses, most oi which have been sold off small monthly payments. .7 "Recently," said Mr.

Leonard a few days ago, "we have not built so many houses on account of the lack of demand. 7 Now that money is easy and the disadvantages of other I well advertised localities are becoming known, Alameda's building interests ought to prosper. That 7 this is favored: locality by people rearing children 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 however, that I should sound the praises of Alameda, for she speaks for herself." 7 E. D.

Judd Co. of Alameda report the sale of what is known as the 'Canal property, 100x240 feet, for $4000, and a lot on Buena Vista avenue for $2000 to Alexander Johnson; a lot, 50x130, and house on Lincoln avenue to V. P. Yellmini lor $3000, and a lot, 50x130, adjoining to Mrs. Morgensttrn for $4000.

McDonald, Mott Co. of Alameda will engage in the building of houses to be sold on the monthly-installment 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 Company is putting up a. thirty-four room boarding-house in the heart of Oakland. O. G. May.

Co. of Berkeley report the following sales: House and lot, 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, and lot on Warde street, near Fulton, 40 by 135, $700. Shainwald, Buck bee Co. 7 will hold their next auction at their salesrooms next Thursday. -The catalogue includes probate property, a fifty-vara on Presidio Heights to be sold as a whole or in subdivisions, a neat house on Van Ness avenue, cottages in the Mission and in Richmond.

Baldwin and Hammond report the following sales: Lot on the southerly line of Fulton street, 137:6 west of Fillmore, price 83750; lot' on the easterly line of Eighth avenue, 50 feet south of 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, at $350; lot on the westerly line of Shrader street, 75 feet south of Waller, 25x106, $1650; lot on i the easterly line of Seventh avenue, 25 -feet south of street. 25x115, $1350; lot on the southwest corner of street and Tenth feet, $475; lot on the easterly line of Third avenue, 100 feet south of California street, 25x120, $1100; lot On: the westerly line of Fifteenth avenue, 125 feet south of street, $550; lot on the southwest corner of Tenth avenue and street, $350; lot on the easterly line of Eleventh avenue, 100 feet north of street, 75x120, $825; lot on the northerly line of Green street, 125 feet east of Van Ness avenue, 25x125, $2150; 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; lots 4 and sln block 9, $750; lots 50 and 51 in block 3, $800; lot 5 in block 7, $375; lot 13 in block 6, $350; lot 9 in block 7, $375; lot lin block 7, $425 lot 4 in block 7, $375.

The old Panorama building at Tenth and Market streets has been changed into a most model and complete bicycling establishment, being the finest biclorama 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 plate glass front with windows coming within fourteen inches of the sidewalk, which make a very imposing 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 bicycle 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 improved power machinery and', a large enameling oven. The shop is on the corner of Tenth and Stevenson streets, and has windows on both streets, making it extremely light and perfect in every appointment.

On the Stevenson-street side is the entrance to the stock and shipping room. I This room is semi-circular in shape, and the outside of the room forms an arc about i 175; feet long by about 40 wide, and- is arranged to hold bicycles, with a capacity of 2400 crated machines. This completes the first floor of the The second floor of the building is arranged into four separate divisions, including the gentlemen's parlors, smokingroom, toilet-room, baths, showers and lockers; second, the upper portion of the repair shop, which is a duplicate in size of the main repair-shop third the upper story of the stock and shipping room, which is also the same size: as the main stock and shipping room the fourth division on the second floor is a deck to the salesroom. The third floor of the building is one large open room 380 feet in circumference and covering a floor space of about 12,000 square feet. It contains two riding academies, one for the ladies and one for gentlemen and ladies.

The inside or ladies' track is about; 240 feet in circumference and is used to teach beginners until they get accustomed to the wheels, after which they can ride in the larger academy if they wish. THE INGLES IDE HOLD-UP Real Facts of the Affair Brought to Light by the Police. James Monahan, Who Was Known to Ranken, Acknowledges Taking the Diamond Pin. The police have been investigating the alleged- hold-up of Joseph Ranken, manager of the Ingleside Hotel, on Wednesday evening by two young who stole his diamond scarf pin worth 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. 7y-- Captain Lees detailed Detective Cody on the case, and after making an investigation he reported that he bad grave doubts as to tbe by Ra nken and gave his reasons.

-v 7y Detectives Gibson and Wren yesterdaymorning were able to show the true facts. They found James Monahan, a young man well known in the City, and took him to Captain Lees. Monahan told the captain that he and a friend, Tom Roche, went out to the Ingleside Hotel on Wednesday' evening to see Ranken. Some time ago Ranken ad advanced $25 to Monahan's Henry of Los who until recently. was a saloon-keeper there, and Henry gave Ranken the diamond scarf pin as security.

7 y77 7 Monahan, who said that Ranken i has known him since he was a boy; got Ranken into a private room and asked to have a look' at Henry's 'diamond pin. 7 Ranken handed it to him and he refused to return it. Ranken 7 ran into the barroom, where there were four 'five people, and got a revolver. 7He threatened to shoot Monahah. unless returned 7 the pin, and Monahan ran out of the hotel followed by his friend Roche and took a car 7 into the City.

7' 7 iiJMohahan gave up the pin and Captain Lees allowed him to go, as he promised to be on hand whenever the captain 1 wanted him. The police areata loss to understand Rahken's reason for withholding the facts and making it appear that the young men were strangers to him. The unbounded success which has attended 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 rereported experiments made by United States army authorities, is attracting the attention of the leading medical scientists of the world. Vino Kolafra is a preparation from a nut called steraculia (also named Kolafra), a product of the West Indies and Africa. This nut is the fruit of a tree which grows from thirty to sixty feet in height.

It is of darkish hue, irregular contour and about one-half the size of an egg. The fresh nut is constantly carried and used by the natives. They chew it, and the benefits are direct and potent. These nut chewers are noted for their muscular development, symmetry of physique, power to endure hardship and toil and apparent exemption from sickness and disease. They are bright, active and athletic and attribute their condition to the use of this nut.

This article, in the form of Vino Kolafra, is now extensively used in this country by athletes in training and physicians prescribe it in their treatment of patients. It has been largely experimented with in army circles. A modified form of Kolafra, which is exactly the I same in effect, has been adopted by the French and German armies as part of 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 invaluable. Dr. L.

Gihon, medical director United States navy, Washington, in a detailed report of the action of this remedy made to, the Naval Medical Society, says that he "had 7 occasion to use it in the treatment of neurasthenia." The patient was a lady. Her nervous system was seriously deranged, she suffering with excruciating headache, nausea, insomnia, great despondency, palpitation, intercostal neuralgia and impeifect secretions. After treatment with quinine, arsenic, iron, bitter tonics, guarana, the symptons were not mitigated. He then administered a prescription made from this nut with remarkable effect. The headache disappeared entirely, the appetite was recovered, muscular vigor 7 regained and mental dejection relieved, refreshing sleep produced and the secretions became normal.

The remedy caused no gastric disturbance or constipation, as had attended the prior use of Chocolate. The remarKably satisfactory results of this case induced him "to recommend the remedy as a nerve stimulant and an invigorating and agent in other neurasthenic cases. It its effects without marked excitation of the circulation, and consequently with no after effects of depression or exhaustion. It is a mental exhilarant, overcoming despondency and brightening the intellect without resultant languor. It imparts tone to the muscular apparatus and secreting organs." In a subsequent article Dr.

Gihon reiterates his opinion of the therapeutic value of this remedy, and cites the case of a physician's wife, who was a sufferer from aggravating sick, headache, great prostration and other nervous phenomena. The success in this case' was as pronounced as in the one' first stated. few doses of the remedy was followed by a speedy abatement and final disappearance of the customary monthly attack of headaches, which had been in all previous cases exceedingly persistent and intensely painful. These are only two of the long list of successful experiments with the article detailed in the leading medical journals. Vino Kolafra is the form in which the nut is generally used, it being most more palatable and agreeable to take.

Its action on the system is that of a powerful tonic invigorant and stimulant. In the case of soldiers, athletes and per' sons undergoing unusual physical hardships it stimulates the heart, causing a strong, regular pulse beat, producing an even stimulation of the whole muscular system, and at the same time imparting prolonged strength and endurance; allay- ing hunger, preventing all waste and restoring energy. 7 Indeed, it may be called Nature's own tonic and stimulant, leaving no detrimental reaction, as in the case of alcoholics, but generating and developing nervous force and muscular strength 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. As a stimulant in athletic trainihing it is highly, recommended by M. C.

Murphy, trainer of the N. Y. A. C. and of Yale College; 7by Arthur editor and proprietor of the New York Illustrated News, and numerous other athletes and trainers.

The intense thirst provoked by athletic training is only aggravated by alcoholic stimulants. In Vino Kolafra is found a remedy which not only allays this thirst and alcoholic craving, but prevents nausea, sa7 often attendant upon overtraining. It maintains the equilibrium of the heart-beat, producing free and unlabored respiration during long tasks of active exercise. The use of Vino Kalafra is also indicated in alcoholism. Dr.

James Neish of-Jamaica says of the remedy: "For inebriety it is a specific; a single fresh nut ground up and made into paste' with or spirits will cause all signs of intoxication to disappear half an hour." It produces no bad effects, causes a sense of lightness and well being, nervous depression ceases and the mental condition of the patient is at one? 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, and satisfies the inordinate craving for such stimulants, producing a feeling contentment and rest. In the recent athletic games between our representative athletes and those of England the Tritons acknowledged the superior system of training of Americans.

An important part of, this superior system was the use by all our contestants of Vino Kalafra during -training. Theresuit was a long line of world record-breaking victories for our boys. 7 In -the- London Practitioner H. Firth, speaking of this remedy, says "It favors increased 7 oxidation of the tissues, has a peculiarly stimulating action on the nervous system, and, though not in itself "a 5 food, possesses qualities inherent which 'guard, against exhaustion." Kolafra has some properties analogous to those of coffee, tea, but its remedial value is due to other and different powerful principles, vastly superior in effect, which facts point to the possibility of its superseding tea and coffee as a table beverage. Its medicinal 7 use is indicated in ana.mi«, in chronic affections of a debilitating character, in.

nervous 7 troubles, in convalescence from severe ailments, biliousness, diabetes, diarrhoea, headache, etc. As before stated, the most convenient form for, use in any case is the Vino Kolafra, now being 'sold by druggists; and which is prepared by Johnson Johnson, r92 William street. New York, the chemists who prepared the product for. the Yale athletes and for the Government authorities. E.

H. 9 NEW TO-PAY. iilsl ftfHFRICAM NUT. Natives Who Chew It Noted for Muscular Development and Ability to Endure Hardship. UNITED STATES ARMY EXPERIMENTS Athletes Adopting A Specific for Inebrity, an Antidote for Opium and a Remedy for Many Human Ills..