Author Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt:...becoming operative, generally speaking, merely as property changes hands, and even then only at the voluntary election of the owners, it is confidently believed that the present generation of lawyers and abstracters will scarcely realize any material decrease in their business from the adoption of this law, at least not for many years to come. But it is a libel upon the legal profession to insinuate that they will oppose the introduction of this system. If it is shown to be a practical measure and in the interest of the public, there will not be one attorney in a hundred throughout this State who will say one word against it; in fact, they will all energetically support it, as they do every other measure of reform that is unquestionably in the interest of the State; and no one should or will believe or assume that the abstracters of this State are any less public spirited or patriotic than the lawyers. APPLICABILITY TO COLORADO CONSTITUTION AND LAVS. From the decisions above quoted, and the numerous citations that each contains, it is morally certain that there is no Federal constitutional inhibition or objection to the introduction of this system in Colorado. A State has the exclusive right to determine the manner in which land within its borders may be transferred or dealt in. The legislature may make such regulations upon the subject as it deems best for the public welfare. The State's authority is absolute and plenary in this field, and covers all questions that can arise in the administration of this system. In United States vs. Fox, 94 U. S., 315, 320, Mr. Justice Field, in discussing a question similar to that involved herein, says: "It is an established principle of law, everywhere recognized, arising from the...