The Evansville journal. (Evansville, Ind.) 1834-184?, 1844-05-02
From the Journal ofCommerce.
UNCONSTITUTIONALITYO OF RELIEF
TAWC
LAWS.


nounced in the case of Bronson VS.. Kinzie
that the unconstitutiopality of relieflaws had
been incontrovertibly determined. But the
Courts of limited jurisdiction refusing to ap-
ply the general principles there laid down,
except in reference to contracts of the same
nature as that therein adjudicated upon,
which was a mortgage contract, another ap-
peal became necessary to the tribunal oflast
resort, whereby TO enforce the rights ofiudg-
ment~ creditors, entitled under the operation
of the laws subsisting at the date of their
contracts, TO have the property oftheir debt
ors sold on execution for such a price as
should be bid for it at a fair public sale, till
the Judgment was satisfied; but which right
the LIE islatu7es of several ofthe States had
sought TO impair and render nugatory, by SUI
peradding q condition that there should be
no sale for less than their value of the prop
erty levied on, to be ascertained by appraise-
ment. The constitutional question deter
mined in the subioined opinion, which ex-
tends the rule laid down in Bronson vs.. Kin
zie, to legislation in respect to contracts of
whatever nature, has not been exceeded in
importance by any presented to the consid-
GRAFTON Of the highest tribunal in the land,
since the formation of our government
the decision embraces also some incidental
points of interest, especially that relative to
the construction of the proviso in the Stat
ute of 1928, empowering the US. Courts to
conform final process therein to such chang
es as the State Legislatures may adopt for
the State Courts. This decision has been
obtained by us, at the earliest practicable mo-
ment, from Washington, and is now first pre-
scented TO the public.
SUPREME COURT OF THE US.
JANUARY Term, 1914.
JoHs l.. Fl. McCRAKN) On a certificate of
CHARLIE. II nArwAuD. twssn ,h IN 0 Pu 2 be- Of
the Circmt Court of the United States for'the
District Of Illinois.
Mr.. Justice BALDWIN delivered the opin-
l0n OF the Court:
1t appears from the record in this case,
that the plaintiff obtaineda judgmentagainst
the defendant in June 1910, on which a plu-
ries f. facias issued at May Term 1871;
real property was levied on, appraised accord
ing to the provisions of a law of Illinois pas
sed on the 9th February ls41-and the
rule ofthe Circuit Court ofthe State adopt
ed in June of the same year; which law
and rule are in the following words:
"An act regulating the sale of property.
"SEc. |. Be it enacted by the people of
the State of Illinois represented in the Gen
eral Assembly, that when any execution shall
be issued out Of any of the Courts of this
State, whether of records or not, and shall
be levied on any real or personal property,or
both it shall be the duty of the officer levy
ing such execution, to summon three house
holders of the proper county, one of whom
shall be chosen by such officer, one by the
plaintiff, one by the defendant in the execu-
ton; or, in default Of the parties making
such choice, the officer shall choose for
them; which h~ouse-holders, after being duly
sworn by such officer so to do, shall fairly
and impartially value the property upon
which such execution is levied, having refer
ence to IFS cash value and they shall endorse
the valuation thereofupo a piece of paper,
there unto attached, signed by them; and
when sucq property shall be offered for sale,
it shall not be struck off unless two thirds
of the amount of such valuation shall be bid
therefor; provided, always, that the plaintiff
in any execution issued from any Court oi
Record Of this State, may elect on what
property he will have the same levied, ex-
cept the land On which the defendant resides,
and his personal property, which shall be
last taken in execution. And in all other
executions issued from any of the Courts Of
this State not being Courts of Record, the
plaintiff in execution may elect on what per-
sonal property he will have the same levied.
excepting and reserving however, to the de-
PENDANT in execution, in all cases, such an
amount and quantity of property as is now
exempt from execution by the laws of this
State: And provided, further, that all sales
ofmortgaged property shall be made accord.