State ex rel. Douglas v. Westfall
| Decision Date | 14 February 1902 |
| Docket Number | Nos. 12,906 - (217).,s. 12,906 - (217). |
| Parties | STATE ex rel. WALLACE B. DOUGLAS and Another v. WILLIAM P. WESTFALL.<SMALL><SUP>1</SUP></SMALL> |
| Court | Minnesota Supreme Court |
W. B. Douglas, Attorney General, and Childs, Edgerton & Wickwire, for relators.
Snyder & Gale, for respondent.
This is an information in the nature of quo warranto to determine the respondent's right to the office of examiner of titles, to which he interposed a general demurrer.
The sole issue of law raised by the demurrer is this: Is Laws 1901, c. 237, by virtue of which the respondent was appointed such examiner, providing for the Torrens system of registering land titles, constitutional? The basic principle of this system is the registration of the title of land, instead of registering, as the old system requires, the evidence of such title. In the one case only the ultimate fact or conclusion that a certain named party has title to a particular tract of land is registered, and a certificate thereof delivered to him. In the other the entire evidence, from which proposed purchasers must, at their peril, draw such conclusion, is registered. Necessarily the initial registration of the title — that is, the conclusive establishment of a starting point binding upon all the world — must rest upon judicial proceedings. The act in question provides for such proceedings, and the full details thereof, which will be referred to as we proceed. The act, by its terms, applies only to counties having more than seventy-five thousand inhabitants, and registration is made optional with the landowner. It is the contention of the relator that the act is unconstitutional for the reasons:
1. That it is special legislation, contravening sections 33 and 34 of article 4 of the state constitution, because the classification of counties according to population for the purposes of the act is unauthorized.
Population, if not limited to the present, may be a basis of classification of counties for the purposes of legislation if germane to the purpose of the law; otherwise not. State v. District Court of St. Louis Co., 61 Minn. 542, 64 N. W. 190; State v. Sullivan, 72 Minn. 126, 75 N. W. 8; State v. Ritt, 76 Minn. 531, 79 N. W. 535; Murray v. Board of Co. Commrs. of Ramsey Co., 81 Minn. 359, 84 N. W. 103. The subject of classification of counties on the basis of population is an embarrassing one for the courts, for the reason that numerous and complex considerations enter into it, and it is often difficult to determine whether there is any natural relation between the population of counties of the given class and the subject-matter of the law classifying them. Alexander v. City of Duluth, 77 Minn. 445, 80 N. W. 623. If it is clear that there is no natural relation or connection between the population of counties of a particular class and the subject-matter of the statutes so classifying them for the purposes of legislation, courts ought unhesitatingly to hold them unconstitutional; otherwise it would sanction the classification of counties on the basis of population for any and all purposes of legislation, whereby the constitutional amendment forbidding special legislation would be deprived of all virility. On the other hand, courts ought never to be unmindful of the fact that the lawmaking power is vested in the legislature. Therefore, if there be any facts fairly calling for the exercise of legislative discretion in the classification of particular subdivisions of the state for the purposes of legislation, courts cannot review such discretion, and declare statutes making such classifications invalid, simply because they differ with the legislature as to the propriety of the classification. It is only when the classification is so manifestly arbitrary as to evince a legislative purpose of evading the provisions of the constitution that the courts may and must declare the classification unconstitutional. In considering the constitutionality of a statute, courts will take judicial notice of all facts relevant to the question. State v. Cooley, 56 Minn. 540, 58 N. W. 150; State v. Stearns, 72 Minn. 200, 75 N. W. 210.
If, then, the classification attempted in this act is merely an arbitrary one, it is special legislation, and void. But, if facts exist of which we may take judicial notice, which fairly suggest the practical necessity or propriety of different legislation in respect to land titles in counties of over seventy-five thousand inhabitants than in the other counties of the state, the act is valid. With the question whether the law is a wise or an unwise one we have nothing to do. We are of the opinion that the facts that the largest cities of the state are within the limits of the classified counties, that the platted portions thereof embrace a greater number of subdivisions and parcels of land than the less densely populated portions of the state, that the individual owners of the land are more numerous, the value thereof much greater, and that the records of the evidence of the titles thereto rapidly increase in volume and become more complex with the increase of population, whereby the risks of defective titles, and expenses for abstracts thereof, and the delays and difficulties in transferring real estate, are proportionately increased, were proper for the consideration of the legislature in determining whether there was a practical necessity or propriety for the classification in question, and justify it. The differences suggested are to some extent differences in degree (see Murray v. Board of Co. Commrs. of Ramsey Co., supra); but they are not wholly so, for many of them are essential differences in the conditions and needs in the premises of the three most populous counties of the state and those of the other counties having a much smaller population. It does not appear in this case that the classification was purely arbitrary; on the contrary, the facts suggest a natural reason therefor, which made it a question solely for the legislature. We therefore hold that the act is not void as special legislation.
2. That the act is void because it contemplates the taking of property without due process of law, in violation of both state and federal constitutions.
The act provides, among other things, that the owner of any estate or interest in land may have the title thereto registered by making an application in writing, stating certain facts, to the district court of the county wherein the land is situated. Thereupon the court has power to inquire into the state of the title, and make all decrees necessary to determine it against all persons, known or unknown. The application must be filed and docketed in the office of the clerk of the court, and a duplicate thereof filed with the register of deeds, who is ex officio register of titles. The application is then referred by the court to an examiner of titles, who investigates the titles, and inquires as to the truth of the allegations of the application, particularly whether the land is occupied or not, and makes and files a report of his examination with the clerk. Upon the filing of the report the clerk issues a summons by order of the court, wherein the applicant is named as plaintiff, and the land described, and all other persons known to have any interest in or claim to the land and "all other persons or parties unknown" claiming any interest in the real estate described in the application are named as defendants. The summons must be directed to such defendants, and require them to appear and answer within twenty days. It must be served in the manner now provided for the service of summons in civil actions, with this exception: that the summons shall be served on nonresident defendants and upon all unknown persons by publishing it in a newspaper printed and published in the county where the application is filed, once a week for three consecutive weeks. In addition to such publication the clerk shall, within twenty days after the first publication, mail a copy of the summons to all nonresident defendants whose place or address is known, and the court may order such additional notice of the application as it may direct. Any interested party may appear and answer. If no appearance is made, the court may enter the default, but must take proof of the applicant's right to a decree, and is not bound by the report of the examiner, but may require further proof. If appearance is made, the case shall be set down for trial, and heard as other civil actions. If the court finds that the applicant has title proper for registration, a decree confirming the title and ordering registration shall be entered. Every such decree shall bind the lands and quiet title thereto, except as otherwise provided in the act, and shall be forever binding and conclusive upon all persons, whether mentioned by name or included in the expression "all other persons or parties unknown," and such decree shall not be opened by reason of the absence, infancy, or other disability, or any proceedings at law for reversing judgment, except as provided in the act, but appeals may be taken to the supreme court as in any other civil action. Any person who has any interest in the land, and who has not actually been served or notified of the filing of the application, may at any time within sixty days from the entry of such decree appear, and file his sworn answer, providing no innocent purchaser for value has acquired an interest. If there is any such purchaser, the decree of registration remains in full force forever, subject only to the right of appeal, and the person aggrieved must look for his relief to the assurance fund mentioned in the act, and to any person procuring the decree by fraud. Every person receiving a...
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