The advocate., 1890-03-20

power over all its processes, and may
provide that as 10 any debt, that no pro-
cess shall ever issue by which anything
Of compulaion shall be exerted upon the
debtor and il shall be left entirely TO his
own discretion and pleasure as 10 the pay.
mont ofthe debt, and this law Is protected
by this view OF the constitution OF the
United States, because II does not impair
the obligation Of that debt. See volume
above cited at page 55O-55i and this view
will be found applied 10 the Jurisdiction
Of courts. See Johnson Va Higgins 3
Motcali 500, whore the court says that
claws prescribing the terms and lurisdic
tlon Of courts relate not TO the remedy for
enforcing contracts, but to the tribunals
by which the remedy is 10 be enforced
Courts In legal sense comprise no part
Of the remedy
Now ifno court Is given jurisdiction
for the enforcement Of any class of con-
tracts, then those contracts while still
binding as far as refers to their obligation
upon parties, are yet without any mode Of
enforcement Then again, the constltu-
tlon Of the state Of Kansas has been by
congress duly passed upon and accepted
Ms being in due compliance with the re-
quirements Of the constitution Of the
United States and with that constitution
our state has been duly admitted into the
Union as sovereign state and by the
9th section Of article 3d Of our consttu-
tion it is provided that, "The District
Court shall have such jurisdiction in their
respective districts AZ may be provided by
law" Now is 1t not clear that this state
has reserved to itself the power to regulate
the jurisdiction Of her district courts2
And having that right reserved Is II not
plain that without In the least impalrlng
the obligation Of any contract, our legis.
lature may protect the persons aud homes
and property Of our people by 80 limiting
the jurisdiction OF our courts as that
those who have both the advantage by
which, and the will wherewlth they may
crush our debtor class shall be estopped
in their ruinous career? / think IL can.
not be successfully denied. Then an ex-
animation Of the cases growing out Of the
Virginia re-adiustment laws will fully
sustain this vlew and establish the right
and power Of States TO 80 legislate as to
destroy process by which contracts may
be enforced, but cannot trespass on
your patience by giving citations TO these
cases, further than TO refer TO them as !
have, leaving those who may desire to
pursue the investigation further, TO ex-
anime them for themselves. But some
one will say, "thls Is practical repudia-
ton" Well what Is a stay law but prac-
tical population for the length Of the
stay at least. BY stay law you permit
judgment to be taken and then render
that judgment imperative for length Of
time, be 1t great or small. by the process
Of which / am an advocate we say no
Judgment shall be taken because no court
shall have power to render judgment Of
or issue process in certain cases Chis Is
upon the proposition that stay law re-
lating to existing debts will be constltu-
tioual which do not admit the first In
creases the debt by adding costs Of OBJ
tanning judgment (no small item) and in
ours the danger Of being overthrown by
the courts. The latter course prevents