Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1893-01-21

the penitcntiary management was wei
spoken OF.
On the prohibitory law the governor
spoke as follows:
Prohibition In part OF the law Of KANSAS
not only sta tutory law, but part OF the consul
tuition Of the state. II Is not q question wheth-
or this administration is for or against prohi-
bition but whether IL Is In favor OF respect for
and obedience 10 all the laws on the statute
books very large class OF our people earn
estly believe In the efficacy OF the law, while
respectable element are not personally In favor
OF prohibition Many OF those who live In the
larger towns and cities believe that the expense
resulting from an honest, faithful effort 70 en-
force the law exceeds the good results OBJ
tanned and Is greater than the people should be
made 10 bear. In the rural districts the law
seems TO be generally enforced. but 1t IL not 30
well supported by public sentiment in the
ceuters Of population. Extraordinary pow
ers have been placed In the hands OF
the executive for the enforcement OF the law In
cities OF the first class through the metropol-
ten police system. II is unfortunate. but true
that those powers have in great measure been
nulliled by various law cvading devices. while
! serious evils have followed almost II not quite
rs Objectionable rs the one sought to be ues-
troyed In many places public sentiment seems
10 have encouraged and conrived nj the
omen violation OF the law, and thus con-
tempt IL brought upon the authority OF the
state This system apart from It's relation to
prohibition, seems to have developed into
sort of corrupt political adjunct of the party in
power, so that venal methods for the control OF
local and state politics have been more cOnsid'
cred than matters OF duty under the law. APP
pOintments under this system nre often made
as o reward for party service more than fitness
for the duty 10 be performed, and thus the sup
port Of additional officials Is added to the bur-
dens OF the taxpayer, to say nothing OF the
methods OF extortion approximating blackmail
which are said to prevail under the practical
operations OF the law.
The governor recommended a change
in the present cumbersome law for i'm
parchment of district judges and an ex-
tension of the terms of county attor-
neys to four years without reelection.
The present supreme court commits
sion is declared to have outlived its use
fulncss and the creation OF an interme-
date court of appeals to have final jur-
isdiction upon appeals from the district
courts in civil actions where the amount
in controversy does not exceed a
riven sum, and to hear and deter
mine appeals in cases OF INSIDE
meanor, and appeals from convic-
lions of felony where the impris-
onment fixed by the Judgment does not
exceed three years. Provision should
perhaps be made for review by the
supreme court of the judgments OF such
intermediate court in cases involving
grave questions of constitutional law
or the construction of statutes.
The governor called for laws to hold
Judges of election for disregard OF the
rights of electors and Endorsed in the
strongest terms the Australian ballot
law. at the same time expressing regret
that Kansas has fallen behind the other
northern states in that regard. He also
suggested laws to perfect and purify
primary elections and to secure to en-
ployes the fullest rights Us electors.
The repeal of the law for casting lots
in case of tie was strongly advised.
OF the question of mortgages and
mortgage legislation the governor said:
The legislature in 1872 provided that II the
words 'uppraisement waived" or other words
OF similar import I've inserted on anv dccf bond
mortgage. note. bill or written contract there
after made II shall be ordered in any Judgment
rendered thereon that lands sold TO satisfy the
same may be sod without apprLiscmeat, order
OF sale being withheld for period OF SIX
months Under the operation OF this statute.
great abuses have crept into our practice
| There usually being no competition nt sheriff
| sales lands m0rtsagcd for more than one'half
| their value are not infrequently struck on 10
the judgment creditor for only small fraction
| OF the Judgment debt-in mans instances sum
Glen, only 20 pay the costs OF the court
proceedings Notwithstanding the property Is
| taken from the debtor for the purpose OF pay
| ing his in ieblelnes5. the debt or the major
portion OF It, still remains unsatisaed against
him and NAV be enforced should he then have
or after ward acquire any real or personal prop
erty not exempt from seizure. This law Is
wrong and should be repealed No property
should be sold at forced sale except Tor price
commensurate with its value as shown by up
praisement. and thereafter the debtor should
| be given o REASONABLE, time TO redeem from
such sale, the proper safeguards being provided
for the protection q the creditor from any loss
by reason OF delay
While tho repeal of the waiver appraise-
ment' could perhaps operate only upon future
contracts, yet Il Is believed that substantially
similar effect rs to existing contracts can be Sc
cured by the enactment OF q law empowering
the district courts TO vacatc sherin sales for In
| ndeauncy OF price. AS the law now stands
sheriI's sale OF real estate cannot be set aside
for inaleQuacy OF price alone In rare cases II
NAV be taken into account. along with other
equitable circumstances jusiiiylng the vacation
OF such sales The insufncieDcy OF the law In
this respect must be apparent TO everyone
And IL the enactment OF such law be within con-
stitutionnl powers 10 existing contracts, II Is
recommended, rs measure Just TO the debtor
and beneficial also TO the creditor, whose inter-
sIas1- el,n ft,lI If