VOL 32
SMITHFIELD, N. C., FRIDAY, APRIL 4, 1913
.Number 1
FEATURES OF THE
TORRENS LAND LAW
The Measure Passed By Recent Legis
lature Explained for Herald Readers.
One of the most important state
wide bills enacted by the recent leg
islature was what is known as the
Torrens .Land Title bill, and it is of
more than passing interest to our
readers because it was drawn, intro
duced and championed on the floor
of the House by one of Johnston’s
representatives, Mr. L. H. Allred, Esq.
Although the law is optional it is be
lieved by its promters that when once
its great advantages are known it
will be almost universally adopted in
this state, as the law has proved to
be very popular in states which al
ready have it.
Ilor the benefit of our readers we
will endeavor to give the substance
of the act.
The proceeding to register land or
torrenize it, as it is sometimes called,
is begun before the clerk of the
superior court by petition in which is
set forth a full description of the
land, from whom and how obtained,
names of all interested parties, mort
gagees, lienholders, adjoining land
owners, and the like. A summons,
is then issued by the clerk and
served upon all interested parties
and adjoining landowners, (publica
tion to be made of summons where
actual personal service cannot be
had,) and a day fixed for the hear
ing within sixty days. In the mean
time a notice is also published in
some newspaper for 30 days warn
ing the general public of the scope
and nature of the proceeding, in
order that all interested parties
whether named in the original peti
tion or not may have notice and come
in and make themselves parties to
the proceeding.
If the facts set up in the petition
are denied an answer must be filed
as in other special proceedings and
if questions of fact are raised the
whole proceeding is transferred io
the superior court for trial by
judge and jury. If no answer is fil
ed or questions or issues of fact
raised the hearing is proceeded with
before the clerk, whose final order
granting certificate of registration
and all proceedings are carefully ex
amined and approved by a superior
court judge.
After summons and petition the
title must be carefully abstracted and
examined by the county examiner
who must be a competent lawyer, ap
pointed for a term of 4 years who
must have no interest direct or re
mote in the land involved, and his
report, made to the clerk, must con
tain full history of the title and re
cite and all mortgages, judg
ments, liens, unpaid taxes, or other
defects. Any parties to the proceed
ing who find that they have no in
terest in the proceeding and that
their land is not involved may so in
dicate in writng and be relieved at
once from fuither trouble or costs of
the proceeding.
Any party dissitisfied with the find
ing of the court or that of the exam
iner may file exceptions and appeal
direct to the superior court, and
thence on to the supreme court as
in other proceedings.
If final judgement is entered be
fore the clerk and no appeeal taken,
certificate of registration must there
upon be issued to the owner; and
likewise, the owner obtains from the
superior court to which the case is
removed or appealed similar certifi
cate of registration.
This certificate is recorded in the
office of the register of deeds, and
if there are mortgages or liens the
same must be shown on thee owner s
certificate. All subsequent liens or
encumbrances must likewise be noted
not only on the owner’s certificate
but also upon registration book,
loose leaf book especially prepared
for the purpose of this act—with pen
alty against the owner and register
of deeds for failure to note encum
brances, etc.
One or more bodies of land may
be registered under the same pro
ceeding. Also parcels of any body
of land may be mortgaged and so
indicated by proper notation. Aimple
provision will also be made "by prop
er form for sales of any part of the
registered land. Also proper nota
tion is to be made by sheriff for
unpaid taxes.
Wihen once registered in accord
ance with this act, the title is good
against every one including the State,
which absolutely guarantees the title.
For the benefit of minors, non-res
idents and others under disability
who may be barred of their rights
through innocent mistakes or misad
vertence, an assurance fund is pro
vided by taxing in the bill of costs
1-10 of 1 per cent of the assessed
valuation of land registered, which
amount goes into the state treasury i
to make up an assurance or redemp
tion fund to reimburse innocent los
ers. Of course all know minors,
idots, and the like, are represented
by guardians or next friends as in
other special or like proceedings.
The amount taxed as an assurance
fund may appear to be inconceivab
ly small, yet a similar assessment in
Massachuetts where the system has
been in vogue for only a few years
has already accumulated more than
one half million dollars.
The cost of torrenizing land of
course cannot be stated for certain,
as the amount will vary according to
each individual case, depending up
on the number of parties, witnesses,
expense of survey, appeal, etc., but
it is conservatively estimated that it
will range from $30 to $40.00.
It is wrell to remove one gross mis
conception of the Torrens idea of
land registration in the beginning,
and that is, that one may carry his
certificate about in his pocket and
borrow upon it as upon a corporate
stock certificate; this he can do, but
of course one’s wife must join in
the short form mortgage just as at
present.
However, here are so many val
iab e ad\antages whi li will accrue
to the holder of a Torrens Certifi
. aie that space at this time will not
permit of further elab nation.
It is confident y believed that when
the act goes into operation on Jan
uary 1, 1914, after special registra
tion books, forms and so forth are
pr< pated, the people of the county
anu State will find it of invaluable
importance to them and that the sys
tem will soon grow upon the state,
and quite early bring into vogue a
safe, sound and well nigh perfect
system of land registration to replace
the present, unsettled and loose sys
tem of land titles.
SELMA NEWS'
Dr1. George D. Vick has returned
from New York, where he went a
few weeks ago to take a course in
medicine. His early return was
caused by the illness of his son in
Richmond where Mrs. Vick was visit
ing her parents, Rev and Mrs. B.
Lacy Hoge. The little fellow is bet
ter now, we are glad to note.
Mrs. Robert J. Noble left Mon
day to visit relatives and friends in
Caldwell county.
We hear that there was a very
interesting game of Basket Ball be
tween Smithfield and Selma Tuesday
at Smithfield. The score was 2 to 2.
Didn’t we tell you young ladies that
our Selma girls were after you and
you had better look out? Well, it's
coming. Look out.
Mr. John H. Parker took his son,
James H. Parker, to Aberdeen last
Monday for treatment at the Tuber
culosis Hospital. We hope for a
speedy recovery.
Our town was shocked last Monday
morning to hear that Mr. John R.
Warren, section foreman on the
Southern at this place had been in
stantly killed by a freight train at
Greensboro. He was a splendid man,
liked by every one and his genial
presence will be missed. The Ma
sons sent Messrs. John Waddell, J.
W. Stanley, and Ernest V. Deans
as representatives from Selma ladge
No. 320, and Selma chapter No. 65.
His remains were interred at Wards,
S- C., and his daughters, Misses Lois
and Eunice, and con, J. C. Warren,
J accompanied the remains. The sym
pathy of our people are with his
striken family, a wife and one son,
Paul, besides those metioned above,
are left to mourn his death and ir
reparable loss.
Selnia April 3.
TURLINGTON GRADED
SCHOOL BUILDING
Corner Stone Laid Yesterday With
Impressive Ceremonies by Masons
The comer stone of Turlington
Graded School building was laid yes
terday under the auspices of the
Grand Lodge of Masons with appro
priate cermonies. Prof. T. .J Aider
man, Superintendent of the city
schools of Henderson, N. C. was in
charge of the exercises as acting
Grand Master. A large number of
Masons of Fellowship and other Lod
ges of the county were present to
assist in the impressive scene.
The ceremonies were conducted by
the following officers:
J. T. Alderman, of Henderson,
Grand Master.
Dr. R. J. Noble, Deputy Grand Mas
ter.
W. S. Stevens, Senior Grand Ward
en.
J. D. Underwood, Junior Grand
Warden.
T. R. Hood, Grand Treasurer.
J. A. Massey, Grand Secretary.
F. H. Brooks, Grand Chaplain.
L. H. Allred, Grand Lecturer.
J. D. Parker, Senior Grand Dea
con.
Jim Outland, Junior Grand Dea
con.
C. S. Powell, Grand Marshall.
J. W. Setzer. Grand Sword Bearer.
Tean Ennis, Grand Steward.
J. W. Strickland, Grand Steward.
R. H. Bradley, of Raleigh, Grand
Tiler.
N. B. Granthem, Grand Architect.
R. L. Hill, Grand Pursuivant.
A fuller account of the exercises
will be given in our next issue.
RALEIGr ADOPTS NEW FORM
OF GOVERNMENT.
Raleigh, April 1.—By a landslide
vote the people of Raleigh today
adopted the commission form of gov
ernment, the majority for it being
685. Every precinct gave a majority,
only 460 votes being cast against
ommission. The total vote was 1,
608.
Already candidates are being spok
en of for commissioners. It is likely
that Mayor Johnson will enter for
mayor. Tne primary will be held
April 2i and the election May 5.
The opponents of commission gov
ernment said tonight that they would
not have any candidates for office
but would suppport the ticket named
by the advocates. The fight was the
least bitter of any contest held here
in years.
BAR ACA-PH I LATH EA
state convent .ON.
Charlotte, April 3.—The third an
nual Baraca-Philathea State Conven
tion, which meets in Charlotte, April
12-15, promises to excel in every par
ticular any former gathering of its
kind. The “Queen City” has 60
live P'hilathea and Baraca classes,
and the homes of her citizens are
being generously offered for the en
tertainment of more than 100 visit
ing delegates, who are expected from
all sections of the state. Several
hundred names have already been
received at Baraca-Philathea head
quarters in Greensboro, and it is
believed that a larger number of
classes will be represented this year
than ever before.
Defeat Commission Government
Durham, April 1.—Durham defeated
the commission form of government
today in no uncertain manner. The
vote was 846 against and 82 for.
BURKE IS NOW TREASURER.
Washington, April 1.—Former Gov
ernor John Burke, of North Dakota,
today took the oath of office as treas
urer of the United States, succeeding
Carmi A. Thompson, who turned over
$1,426422.051.48 2-3 to the custody of
the new Democratic official. The two
thirds cent is part of a Tennessee
State bond held In the assets of the
J. PIERPONT MORGAN
PASSES AWAY IN ROME
World’s Greatest Financier Dead at
Age of Seventy-Six
Rome, Italy, March 31.—J. Pierpont
Morgan, the New York financier, died
here today a few minutes after noon.
For months his health had been de- I
dining but the symptons became
greatly aggravated about a week ago,
and since Wednesday last he had
been in semi-comatose condition.
Tonight his body, lying in the
death chamber, is surrounded with
flowers. Messages of sympathy have
been received from King Victor Em
manuel, high officials of state, diplo
matic representatives and from many
personal friends in all parts of the
world.
The death of Mr. Morgan was not
known in Rome until several hours
after it occured, owing to the desire
that Mr. Morgan’s son, J. Pierpont
Morgan, Jr., who is in New York,
should first be notified.
The official statement prepared by
Dr. Guiseppe Bastianelli, Dir. M. Allen
Starr and Dr. George A. Dixon, the
attending physicians, indicated that
a gradual general collapse followed
a condition of nervous prostration,
which prevented the digestive organs
from performing their functions and
affected the mental faculties.
For five days Mr. Morgan received
artificial nourishment, but was unable
to assimilate the food. As a result
lie very rapidly lost strength. For
many hours prior to his death he was
in a condition of semi-coina, which
prevented him from recognizing those
about him. His end was without suf
fering.
CAREER OF FINANCIER.
John Pierpont Morgan was born at
Hartford, Conn., April 17, 1837.
His father, Junius Spencer Morgan,
and his mother, Juliet Pierpont, were
descendants of old New England
stock. Both were noted families.
He was educated first in the public
schools of Hartford, later graduated
from a Boston High school, and fin
ished his studies at the University
of Goettingen, Germany. He was an
ordinary scholar, evidencing no bril
liant streaks of memtality.
Entered banking house of Duncan,
Sherman & Co. as clerk in 1857. Be
came United agent for London bank
ing firm, of George Peabody & Co.,
of which his father was a member, in
1860.
Married Amelia Louise Sturges,
1861. She died 1862.
Married Louise Tracy, 1865. Had
one son and three daughters.
Became member of respective firms
of Dabney, Morgan and Company and
Drexel, Morgan & Co,, in 1864 and
1871. The later firm became J. P.
Morgan & Co.
Floated bond issue of $200,000,000
during President Cleveland’s admin
istration.
Organized the United States Steel
Corporation in 1901, capital $1,100,
000,000, and floated the securities.
Secured American subscription to
British war loan of 1901 amounting
to $50,000,000.
Controlled 50,000 miles of railways,
large American and British ocean
transportation lines, and English
traction railways.
Gave $1,500,000 for site and build
jings for lying-in hospital in New
! York. Other benefactions total mil
! lions.
!
Twice won the international yacht
I races with the yacht Columbia, which
j he caused to be built.
Checked a disastrous panic in 1907
by personally taking hold of the sit
uation and dumping millions of dollar
into the New York Stock Exchange.
Testified before the Pujo commit
tee in 1913 that here was no "money
trust” and could be none.
Made famous collections of paint
ings, bronzes, and antique art, in
cluding the famous Gainsborough
painting, which he later turned over
to the Metropolitan Museum of Art
in New York City.
power is
J. P. Morgan’s enormous
indicated by these figures:
Controlled or dominated 134 Ujjnks
corporations wife fosouro*
capitalization aggregating $22,325.
000,000.
Dominated 150,000 miles of railroad
with total securities of $11,784,000,
000.
Dominated industrial concerns capi
talized at $3,333,000,000.
Controlled banking resources of
$2,759,000,000.
Controlled Insurance Companies
with assets amounting to $2,293,000,
000.
Dominated public utilities capitalz
ed for $2,150,000,000.
In eleven years since flotation of
$1,400,000,000 Steel Corporation the
Morgan banking houses sold securi
ties to amount of $1,966,000,000.
Private fortune estimated at $250,
000,000.
Art collections worth $50,000,000.
SPILONA COMMENCEMENT.
A large audience was in attend
ance at the Spilona commencement,
March 22, 1913. The program began
at 2:30 P. M., with the welcome ad
dress by Seth Barbour, one of the
bright little pupils of the second
grade, next came the welcome song,
“You’re Welcome if you keep right
Still,” sung by seven girls, followed
by a series of recitation, by the lit
tle ones, too numerous to mention
here.
Rev. Mr. Massengill, in a few sel
ect words introduced Prof. A. Ver
mont, of Smithfield Graded school,
who made a most able and helpful
talk on “Education.” At the close
of his address he introduced Rev. Mr.
Trott, of Durban, who by chance ac
companied Mr. Vermont on the oc
casion and made a much enjoyed and
humorous talk lor us. We were very
much delighted and 1 believe bene
fited by having these efficient men in
our midst. Since the coming of Prof.
Vermont in our county a great step
has been taken for the advancement
of education to which we owe him a
great deal, he being at the head of
the teachers' organization in the
county.
After the addresses came a recita
tion “Aunt Jemima’s Courtship” by
Ruth Lassiter. Then a very amus
ing play, “Borrowing Trouble” by
eight characters, followed by “The
Valedictory” By Aden Lassiter.
The evening exercises began at
8:00 o’clock being as follows:
“Deacon Jones’ Party” by Her
bert Honeycutt.
“Our Aunt from California,” by
six girls.
Pantomine—“Auld Lang Syne,” by
Martha King and William Creech.
“How to Tame your Motlier-in-Law
by six characters.
“Death of Squire Jones”, by three
characters.
“Uncle Deck’s mistake,” by five
characters.
Song—“It’s Time to Tell you nil
Good-bye.”
Music was rendered by Penny Bros.
Band, which added much to the plea
sure of the audience.
Cards of Honor were given to the
eight pupils, who had been present
every day for the entire term of
four months.
Two districts were consolidated ani
a new house built at Spilona last fall.
The average daily attendance for the
entire term has increased about six
teen over the two separate districts
last year. The educational develop
ment is easily seen when people take
an interest in the great and good
cause as have thepeople of Spilona.
Much is due to the efficient teacheis.
Miss Ida Etheridge, principal, and
Miss Inez Cheek, assistant, who
worked faithfully together for the
growth of the pupils, physically, mor
ally, and intellectually, and for the
general development of the com unity
at large. Joy Bells.
“BOB” PHILLIPS DIES SUDDENLY
Greensboro, N. C. April 2.—Robert
Masten Phillips; associate editor of
the Greensboro Daily News, died sud
denly of heart failure at his country
home near Carthage, N. C. tonight.
He went there last week for a 10 days
rest after strenuous work during his
attendance at the late session of the
State Senate in which body he served
as reading clerk.
Mr. W. G. Parrish, of Jonesboro,
was in town Friday and renewed his
SELMA MAN IS
KILLEDBY TRAIN
John Warren Tried to Board Train
in Greensboro With Fatal Results
Greensboro, March 31.—John War
ren, aged 55, Southern Railway repair
foreman at Selma, was run over and
instantly killed by a freight train on
the local yards this morning. The
body, which was this afternoon turn
ed over to a son who came from Wil
son, was horribly mangled, a long
string of cars having passed across
the chest and dismembered the corpse
Mr. Warren came here on an early
morning train from the south and
the belief is that rather than wait for
the morning train east he attempted
to board a freight which was pulling
out of the local yards for Selma,
Yardmen, witnessed his unsuccessful
attempt to catch the train while mov*
ing ait a right smart pace, saw him
lose his hold and his body drop be
tween the cars and across the rail.
They were unable to stop the train,
however, and some fifteen cars moved
over the body. The victim of the ac
cident was dead when help reached
him.
It is said the deceased leaves a
w'ife at Selma and several children at
that place and at Wilson. The body
was this afternoon carried to Selma
and interment will be made there to
morrow.
BENSON NEWS.
Benson, April 2.—Mr. William Can
aday, of Goldsboro, N. C., was here
Saturday and Sunday with relatives.
Mr. J. M. Barber went to Four
Oaks Tuesday on business.
Mr. J. W. Whittenton was in
Smithfield Tuesday for a short while.
Messrs. Mayo Bailey and Ben Wel
lons, of Chapel Hill, were here Sun
day with friends, returning to the
University Monday.
Chief of Police, Will Weeks, was
in Raleigh Tuesday on business.
Mr. J. B. Hardee, of Pleasant
Grove township, was here Monday.
Miss Ueola Smith left Saturday for
Raleigh where she will visit several
days.
Mrs. E. A. Stewart and Mrs. J. R.
Barbour left Saturday for Laurinburg
and Hamlet.
Mr. W. C. Woodall and Miss Emily
Canaday left for Wilmington where
they will attend the marriage of Rev.
P. D. Woodall which takes place to
day.
Mrs. E. L. Hall and daughter, Miss
Jewel, and Miss Virginia Upton, of
Fayetteville, are here several days
with Mrs. Hall’s mother, Mrs. Sarah
Duncan.
Mr. and Mrs. J. G. Cagle returned
today from a visit to Mr. Cagle's par
ents, and will be in Benson for a few
days before returning to Latta, S. C„
where they will make their home.
Hogs should be kept off the streets
of Benson. The law says that this
shall be done and somebody should
see that the law is enforced. It is
annoying to the citizens to have their
gardens and yards rooted up and
their presence on the streets does
not leave the best impression. This
matter should be looked after at
once.—Benson Spokesman.
The municipal election in Benson
will take place May 6th. The citiz- *
ens of the towrn should be given, a
statement of the receipts and disbur
sements of their taxes. The law says
that the commissioners shall annually
publish a statement of the moneys re
ceived and paid out, and for w’hat
purpose paid out, but the city fathers
seem to have overlooked the law re
quiring the published statement. The
puestion is repeatedly asked as to the
indebtedness of the town, and if this
statement is published the voters
would know how their taxes have
been expended.
FARMERS UNION INCORPORATED
i;
The Secretary of State has issued J
a charter to the Johnston County
Farmers Union of Selma; authorized
capital, $100,000, with $5,000
scribed for by Ceo. T.
Riley, W. C. Harper, H.