The weekly hawk-eye. [volume] (Burlington, Iowa) 1858-1860, 1858-11-30
Am Extra Session of the Lex,,i.,ur.

An Extra Session of the Legislature.
EDITOR OF HAWK EYE: The Governor of the
State is pressed to convene the Legislature dur
ing the month Of December or January. Peti-
tions have been presented from various parts OF
the State, aud from persons representing di-
versity of interests. In the frst place, and at
the head Of the catalogue Of projects to be pre-
ssnted, is the Railroad State Aid Scheme. This
is the hobby of men whs are largely engaged in
railroad enterprises. The same men have seen
Dubuque, Davenport and Keokuk prostrated by
corporation loans, and their bonds sold at from
20 to 90 cents in the market, and they now seek
to place the honor, integrity and solyency Of
the State Ia similar jeopardy. I am happy to
say that the Governor favors no such project
and will never recommend Q ten million loan
to the Legislature. lie has scheme of his own
which he will present at a regular session, but
1t involves no such hazardous consequences.
Many of the friends of State Aid, in order to
influence the public mind, connect with it the
passage of an appraisement law. This prcpo.
sition doubtless weighs with the Governor, and
he convenes the Legislature, it will be On this
account. There are men in the State who are
largely involved, who, hsstening to be rich,
bought land At al prices, and nov cannot pay,
while they concede the constituticnality of the
contemplated Jaw as to all existing debts, they
hope to postpone sales by reliance on the law,
and while the Courts are considering shey ex-
pect some good thing TO break on them, when
they will be relieved Of their burdens 40 was
Bunyan Christian when he entered the celes-
tial gates. Such men are insolvent and do not
seem to know it, but feel assured, Mr.. Editor,
that for them and the State, Q Court every
month would be q blessing, Court that would
act like bankrupt law, wipe out old scores
aud require men to commence anew. Such o
Law would be unconstitutional as to all existing
debts. The identical question was discussed
and decided in the celebrated case Of Bronson
vs.. Kinx!e and Others, found in the LIST volume
Of Howard's Reports of the Supreme Court Of
tine United States. Tie Legislature Of Illinois
passed law authorizing an appraisement Of
real estate and made il retrospective-Bronso
fled bill in the Circuit Court to foreclose q
mortgage executed before the passage Of the
law, and prayed the Court for such decree as
was right when the contract ives made. The
Court held that the eject Of the law was to de.
privs the party Of his pre-existpg right to FORE
close his mortgage and to impose on him con-
ditions that would frequently render any sale
impossible. The Court ordered thas the. de-
cree should direct the sale Of the property with.
out reference to the appraisement. This doe
sfine 10 now the lag of this country. Shall
then, the Legislature be convened to pass an
unconstitutional Law? II not, shall il be con-
vened to pass law which will act for one year.
II can only act ON future contracts. The session
will cOst $780, 900, and can the State pay t2o,-
900 for the benefits TO result from the Law for
one year ON cootracts hereafter to be made!--
II is we'll understood that there 10 no other sub.
ject 10 be considered. The railroad scheme IL
out Of the question, and Code commissioners
are no. ready TO report. The Goveroor 10 man
Of ssmpashstie mind and readily feels for
men who are IN danger Of being sacrificed; but
it is misplaced sympathy 70 psss law that vii
bs neckery to debtoss when weighed BY the
Courts, and there 10 no equivalent in II for the
expenditure Of $50. 1000, and the oppressive tax-
lion that sill result.