The advocate., 1891-01-28

~~FeArAHfNNHN rr~H~H
ness Of Clay, Hays Of Osborne, Kirk
patrick Of Wilson, Mechem Of jewell,
Rankin Of Usage, schilling Of Brown,
Senior OF Cofey, Smith Of Rice, Tucker
Of Greenwood, Wilson Of Ellis, and
Wright Of Geary--all republicans, mostly
bankers and lawyers.
The Ave absentees were republicans:
Messra Berry Of Mar8hall, Buchan OF
Wyandotte, Howard Of Douglas, johnson
Of Jefferson and Lockard OF Norton.
Attorney Kirkpatrick, Of Wilson, ex.
planned his vote by giving the following
protest which ls recorded in the journal:
Mr.. PREsrDnNr: must protest against
the passage OF Senate bills Nos. 30 and o.
These bills are doubtless intended for the
relief OF those who have been 80 unfortunate
as 20 have mOrtgaged their homes But the
inevitable result OF these bills must be
bankruptcy and ruin 10 the very persons
sought 10 be relieved. Under the COnstitu-
tiOn of tho United States, as interpreted by
the supreme court In a long line OF decisions
from 1923 TO che present time, these bills
ORn have no application TO existing con-
tracts, and can only apply to contracts In
tho future.
with "A per cent OF our lands incumberod
with mortgages, Rggregating more than
eighty millions Of dollars; with each Of the
mortgages containing tho provision that the
lands therein mentioned may De sold with
out valuation or Appraisementj with mil
lions of these securities maturing within the
next year or eighteen months, and the own
erB of the farms on which these mortgages
are given wholly unable 90 pay and dis
charge the same no their maturity, owing TO
the financial depression now existing In the
country, and must either secure q renewal
OF the loan, or an additional loan with which
to pay the same--w0 are not In condition
30 dictate terms 10 the leaders, or TO demand
that mortgages containing provisions less
advantageous TO the lender shall be accepted
by him in lieu OF our existing obligations.
The great majority OF these mortgages will
ultimately be paid, IL reasonable extension
cam bo had, or new loans secured with which
90 nay the same; and any law that we may
pass chat tends in the least TO obstruct, him
der or retard the securing Of new loans with
which TO pay maturing mortgages, atrikes.a
blow at the very persons sought TO b0 pro-
teCtOd by this bill.
Believing as / do, that these bills, II
enacted into laws, will render IL more difi-
cult, IL not impossible, TO secure moneys
with which 10 meet our maturing Obliga-
tiOns, and that hundreds and thousands
Of mortgages will thereby be fOreclosed
that otherwise would be paid II no OBJ
struotiOn was thrown in the way; and, fur
ther, believing that these bills will deprive
hundreds and thousands OF our people from
renewing their loans, and thus bring about
disaster and ruin, am constrained TO vote
against these bills. belong TO the debtor
class, and In the name OF every man whose
hOma is mOrtgaged at the present time,
protest against the passage OF any bill which
will make IL moro difficult, and render 10
impossible TO secure a renewal of this loan
at It's maturity, s. s. KIRISPATRIoK,
Twelfth District.
The following is matter relating to
this subject, which appears in the jour
nal:
Senate bill No. 67, An act relating to
the sale Of real property under fOreclOs-
ure Of mortgage, was read the third time,
and the question beng, Shall the bill
passY the roll was called, with the follow
ing result; Yeas 30, nays2.
Senators voting in favor Of the passage
Of the bill were: Messrs. Bentley, Berry,
Carroll Of LeavenwoTth, Carroll of MI
ami, Elliston, Emery, Forney, Gillett,
Harkness, Hays, Howard, Kelley Of |
Crawford, Kelly Of Mcpherson, Kimball, |
King, Long, McTaggaTt, Martin, Me-
chem, Moody, MurdOck, Norton, Rankin,
Richter, Roe, Rush, schilling, Senior,
Smith, Wheeler, Woodward and Wright.
Senators voting in the negative were:
Messrs. kirkpatrick and Tucker.
Senators absent or not voting were.