The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1889-10-26
KANSAS FARM MORTGAGES.

gage loans millions of dollars. 1t was a
common practice in the old presumption
days for the pre-emptors to arrange for
loans on their claims prior to final proof
to enable them to pay the government,
and in many cases to furnish them with
the bare necessities of life. Time has
passed rapidly, and with three years of
drouth in Kansas, it is difficult to even
raise the semi-annual payments of inter
est. There is stipulation in most mort
cages of this character that failure to
take up the interest coupons regularly Is
sufficient cause for foreclosure. In this
deplorable condition many q Kansas
frontier claimholder finds himself this
fall. A cold winter predicted; scant food
and clothing with no fuel save as he
gathers it in the track of the herds; a
prospect of foreclosure of mortgage and
no earthly means of staying the proceed
ing, and when it is done he is without
home, without money, and far from work
and places where relief can be obtained.
Is it any wonder then that in these des-
perate straits he should seek refuge in
legal technicalities? Col. S. N. Wood is
living in Stevens county, where he pub
fishes weekly paper and practices law.
John G. Hillyer, an unfortunate settler
in this, one of the newest and most
drouth-affiicted counties of that region,
found himself in the distressing posi-
tion described above, and employed Col.
Wood to defend him. He, like many
others, had made the contract for
his loan and, indeed, had the papers all
drawn, before his final proof was made.
According to the rulings of several
judges and the findings of the courts the
transaction was illegal, and the note and
mortgage both illegal, and the case was
so decided by Judge Botkin, of the dis
trict court of Stevens county. The de-
cision of the case was revelation to the
settlers of the great southwest, and the
attorneys praises are loudly heralded.
Col. Wood and his assistants have been
called on and have engaged to defend
over 200 settlers situated in like posi-
tions. If the attorneys fail to win there
is no charge, but if the case is gained
then the settler pays % per cent. of the
mortgage or half his land.
Some loan companies have proven
themselves, through their agents, verita-
BILE Shylocks. Instead of dating the
mortgage when the final proof was made
it is dated back all the way from one to
six months.
This prearrangement for loans was so
general and the mortgage so universal
that in the drouth-affected districts,
where the interest cannot be raised,
there will be no end to litigation. 1t
was not only the pre-emptor who mort
gagged, but in many instances home
stead was also taken and commuted.
That is after six months residence the
government price of $1.25 per acre was
paid and final proof was made. To do
this the mortgage was almost inevitable.
TO understand this state of things it
will be necessary to glance at the general
class of citizens who settle in that part
of the country, Kansas, Nebraska and
Dakota. That they are not wealthy is
self-evident. AS a rule they are sturdy
industrious farmers or farm hands, or
may be mechanic, who sees the end of
the rainbow resting on the western
plains. If he has team and wagon, his
wife and babies and the few household
goods they possess are loaded in with
light hearts, they set out westward, nor
stop till the Mississippi and the Missouri,
are left far behind. After days of travel,
they come upon piece of vacant land,
just the picture they have had in their
minds, and they at once strike camp.
Their few effects are unloaded, and the
husband leaves the wife and children
tented on the ground while he drives to
the land Office, probably two days dis
tant, and there pays, in many instances,
his last dollar for filing his intentions.
Highly elated at the thoughts of the
splendid farm that is now his own if he
will only live on it, he returns to his wife
and little ones and at once sets out to
make place to live in. 1t is too dry at
that season to plow sod of which to
build habitation, and ne takes his
spade and digs hole, not unlike a Gel
lar, to the depth of five feet. If he has
bank in which to dig, so much the bet
ter. If possible, six logs with forks are
secured, two longer than the others. The
four shorter ones are set in the corners
of the excavation and the longer ones in
the middle of each end. Strong poles or
light logs arc placed in these forks along
the caves and for ridge pole. Still
other poles are placed from ridge pole to
caves and brush laid on, and over this
prairie grass and a thick covering of
earth. When completed he has shelter
from storms, place where they live
happily for months and years. The
newspapers from home, after careful
reading. are pasted on the earthen walls,
and the wagon sheet is pinned up for
ceiling. The. burlap sacks, in
which they bought feed on the way, are
spread over the dirt floor, and with little
feminine touches here and there there
is more genuine home comfort in the
little dugout than in many a mansion.
They have a hard time and live on the