1368 VETOES.

It is contended by the lawyers that in examining and pass-
ing on titles the title companies are performing legal serv-
ices, and that it is unethical and improper for anyone en-
titled to receive fees for legal service to divide them with a
layman, such as a real estate broker; and, moreover, such
practice is said to result in disadvantage to the lawyers. /

The brokers and the title companies, on the other hand,
contend that the examination and insurance of titles is not
practicing law, and that the purpose of the bill is to take
away from the brokers the incentive to give their title busi-
ness to the title companies, with the hope that they would
then give it to the lawyers, which would be to the damage
of the title company business.

A great deal has been said and written on this subject
recently throughout the country, and the contentions of each
side of the controversy over the present bill can be and have
been forcefully put.

What seems to me the controlling factor, however, is that
the provisions of the bill make it unlawful for any title com-
pany to divide or share any premium, fee or commission it
receives with any individual, firm or corporation whatso-
ever.

Title companies insure titles, and I know of no insurance
company which does not pay part of the premiums or fees
it receives to the solicitors or agents who bring it the busi-
ness. Life, health, accident and fire insurance companies all
do this. Title companies do it, too, and always have done it,
the lawyers, brokers and trust companies who bring them
business being treated in this respect as agents or solicitors.

Yet here is a bill which would render it unlawful for a
title insurance company not only to make these long estab-
lished and long recognized payments for business secured
from lawyers, trust companies and brokers, but would ac-
tually make it a crime for one class of insurance companies,
the class which insures titles, to pay commissions for their
insurance business in the same way as all other classes of
insurance companies are allowed to pay commissions for
their insurance business.

I think this is sufficient to show that the bill must be
vetoed.

UNDERTAKERS.
(Chapter 199, House Bill 241.)

At present it is unlawful for anyone other than a duly
licensed undertaker to deliver the body of a deceased person