White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1858-12-30
Correspondence.
Legislative Reforms

that body, to few reforms which the Interest,"
of the whole Territory require should be speed.
lily adopted.
First among those reforms, I would mention
the fact that the last Legislature changed en-
tirely the mode Of procedure in civil actions.
which had been laid down by previous Legisla-
lures, and adopted by all of our Courts. The
system Of civil procedure was not only radically
changed, but wholly abolished. All distinctions
between suits in equity and common law actions
were swept from the statutes, declarations were
declared no longer necessary, and new process
of maturing causes for trial was established in
their stead. The act making these radical
changes was to take effect on the first day of
April Of the present year; but at that time the
statutes containing the act had not been printed
or published, and were not printed or published
for several months afterwards. The citizens of
the Territory, the members Of the bar, and the
Courts, were alike ignorant of its existence.
The edicts Of the Emperor Caligula, as history
informs us, were suspended so high that those
passing could not read them, and the laws OF
the tyrant Nero are said to have been written in
blood; yet neither the edicts of the former nor
the laws of the latter we're more unwise or des-
potic than it would be TO enforce those Terrific
rial laws in Kansas, which have never been
proclaimed or published, and Of the existence of
which none, save the lawmakers themselves.
could by any possibility have been informed.
Justice to the parties seeking redress demands,
and wisdom dictates, that all actions or suits
which were commenced under the old system of
procedure, before about the lst Of October, las
the acts of the last Legislature were not gene
rally published until theA.) should be legalized
and rendered as valid as if commenced under
the new order Of proceedings.
The statutes regulating deeds of trust and
mortgages also need some explanation at the
hands of the Legislature. The acts, as at pres
ent, concerning them, are neither clear nor in
telIigibIe. understand (though it can hardly
be true) that the ruling of the highest tribunal
in the Territory is, that all mortgages, both with
and without powers Of sale, as well as deeds of
trust, are required to be foreclosed, BY suit be-
fore sale of the mOrtgaged property. 1t would
be less expensive, more expeditions, and better
for all parties interested, to dispense with Court
proceedings in cases Of deeds of trust and mort
cages with powers Of sale. The power in the
one is given, and the trustee in the other is
appointed, for the express purpose of saving
time and costs.
In the third place, would suggest that the
time for holding the Probate Courts be so chan
ged, that members of the bar, as well as the cit
liens generally Of adjacent Counties, may attend
the Courts of more Counties than one. All the
Probate Courts throughout the Territory are
now holden at the same time, rendering it i'm
possible to attend the Courts of more than one
County. This is serious inconvenience, and
ought to be remedied as soon as possible.
Lastly, though of most consequence, is the
so-called exemption law. As it now stands, it
is either typographical error or monument of
Legislative folly. A more unjust and indefinite
act of legislation, as appears in the code, could
not be hunted out from the archives o. any civ
ilized people on the face of the globe. 1t is
unjust, because it operates upon contracts which
had been entered into, in good faith, by the
parties thereto, long before the act became the
law of the land. 1t is unjust, because it exempts
from execution, property upon the value OF
which those very debts had been contracted, be-
fore the law was made. 1t is unjust, because it
is an er post factO law, in its worst form. IL is
uncertain and indefinite, because it afixes no
value to the property exempt. One hundred
and sixty acres of land adjoining some one Of
the large towns of Kansas, might be worth, in
cash, forty thousand dollars, while one hundred
and sixty acres thirty miles from the Missouri
River, might not be worth more than three hun
dred dollars; yet, under the present law, one is
as much exempt as the other. Again: One-hall
acre OF land, with the houses thereon, in one OF
our smaller towns, would sell perhaps for two
hundred dollars, while a half acre in Leaven-
worth or Lawrence, with palatial residence on
the same, would sell for fifty thousand; yet they
are both equally exempt by the present law.
The merchant prince and the millionaire can
call the exemption law to their aid, to save their
splendid farms and magnificent mansions, while
the owners live in Incidence and riot in luxury,
as well as the poor man can, to protect his little
homestead, upon which, in accordance with the
decree of high Heaven, he is earning his bread
by the sweat of his brow. Professional men Il
wonder how many professionals voted aye on
the passage Of this act) have exempt from legal
process FIVE hundred dollars in books, horse and
buggy, and horses-it may be one or it may be
fifty, worth any where from one hundred to a
million Of dollars. We want an honest, we'll
defined exemption law; for in this wild land,
where friends are few and sympathy unknown,
We would not turn adrift the poor man with his
dependent family, TO live upon the charity Of
an unfeeling world. Eighty acres of fertile
soil, with the houses thereon, farming utensils.
furniture and provisions Of a value to be desig-
mated by law, farm and ali not to exceed GER
tain valuation, would constitute an ample home
stead and exemption. The object of the law
should be to protect the poor and aid the unfor-
tunate, not to sustain rich villains or princely
scoundrels. 1t is to be hoped the necessary al
terations and notifications will be soon made.
This communication is already longer than
anticipated. and | will close. NJ.
White Cloud, December, 1858.
An Indian Murdered.