The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1891-01-06
TAKING OF JUDGMENTS.

To the Editor Of the Eagle
I have observed several articles il
your valuable paper endorsing the idea
put forth therein that one of the
remedies for our present financial ills is
to tax judgements.
The idea is readily seized by many as
one of the ways out of our troubles. Al
first blush one is disposed to catch at il
as "a drowning man catch at a straw, "
! but am confident that an examination
of the matter will demonstrate that the
scheme is illusory and impracticable.
! Let US see.
If the judgment is taxed at its true
! value, which in most cases of worthless
! judgments is nought, then the levy will
/ be 50 very small that the Oweners thereof
will pay the same and take their chances
on its future prospects. In other words:
! if the Judgment is taxed, as all other
! property must be assessed and taxed at
| Its true value, then any owner of the
! same can protect it for a mere bagatelle.
Recognizing this to be fact. the force
of this objection Is sought to be met by
| plan to assess and tax the Judgment
at its face value Eureka they-now
we have it--but not so fast.
Article II Of the Constitution of the
State of Kansas provides: The legis-
lature shall provide for a uniform and
equal rate Of assessment and taxation. "
Now, then, where are We? Can we
fly into the face of this consti utional
clause: We can effect il only in one
way, and that is by taxing all other
property at its full value, as in the case
of Judgment. But can this be done
Yes, 50 far as its constitutionality is con-
cerned-but with what results? With
the result of taxing every man to a starry
alton point on all of his property, in
order that we may reach some
body's worthless Judgment. This
would prove the straw that would break
the camels back-''the remedy would
prove worse than the di-ease.'
Hence l assert that the scheme is illu-
sorry. 1t seems so ridiculous that we
should neglect all remedies whereby
property could be made to bring a fair
and reasonable price for the pleasure of
taxing judgment obtained for balance
due over and above the amount Of the
sale made under the judgment In
other words, property must be sold for a
song, if we are allowed the gracious
privilege of seeing the Judgment assessed
at its true value, which, in most cases, is
zero. If this is not shutting the stable
door after the horse is out. what is il:
Better get at the matter at the root and
require the property to be sold for a fair
price; then there will be no judgment.
or but a small one, to worry US.
1t will not serve our purpose to pass a
stay law that effects existing contracts.
The courts have declared such laws I'M
constitutional We cannot evade this
Ii will not do to pass a law taking away
from the district court the power to fore
close mortgages. That would most GER
tainly be unconstitutional, because it
violates the fundamental principle of
jurisprudence: namely, giving one class
of suitors a right to 80 into the courts
and denying that same right to others.
Such proceeding would be almost revO-
lutionary aside from its legal aspect.
| repeat, the disease must be reached
at its base We must have law reduir-
ing real estate to be sold for due and
adequate value. Such q law will ac-
complish much because it covers past
and future contracts. We must have
something 10 reach past contracts. "A
burnt child breads the fire We can
take care of future deals without any
suggestions. The present law Is rob
berry. hut even the farmers themselves
cannot entirely exculpate themselves. as
they composed a great part of the bodies
of our past legislatures. We can all
use the bridge when we reach it.
So far we have conceded the constitu-
tionality of a law taxing judgments N
their face value without reference to
their real value, This was done for the
sake of the argument, and to indicate
that the scheme was impracticable under
all circumstances.
But we cannot think such a law
would be constitutional Ii would not
be legitimate TO tax a Judgment at 500
when a record presented TO the court
would show that the judgment debtor
was wholly insolvent This would be
equivalent TO the legislature passing
law stipulating that two and two made
five.
Hence we assert that a law taxing
at their face value. prospect
i've of their real value, Is unconstitu-
uonal =. C.. ECRSTEIN.