Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1893-01-26

Of the Judgment ceot-la many inst sneSS Suff1-
Gent only 70 nay the costs OF The court
proceedings Notwithstanding The property Is
taken from the debtor for the purpose OF pay
ing his in iebtedness the debt the mzl0r
portion OF il, still remains CnsatiSied gainst
him and be enforced should he then hare
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wrong and should be repealed No property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 excep; for a price
commensurate with Its value Is shown oy slFr
praisement and thereafter the debtor should
be given q reasonaels time 10 redeem from
such sale, the proper safeguards being provided
for the protection CT the creSitor from ans loss
by reason o. delay
While the repeal of the waiver appraise
ment'' could perhaps operate only upon future
contracts, yet 1t is believed tnat a substantially
similar eject as TO existing contracts can be Sc
cured By the enactment OF law empowering
the district courts to vacate sheriff sales for in
adequacy OF price. As the law nos stands
Sherif'S sale of real estate cannot be set aside
for inaGequacy OF price alone In rare cases II
may be taken into account along with other
equitable circums tances just ifying the vacation
of such sales The insuf1clency OF The law in
this respect must be apparent TO everyone
And if the enactment of such law be within con-
Stitutiona powers as to existing c0nirIcIS, 1t Is
recommended, a measure just TO the debtor
and beneficial also TO the creditor. whose inter-
est it is TO secure the full payment OF his debt
and not The land of his debtor
Such law, it is believed by eminent legal gem
tlenen, viii constitute impairment OF The
contract, because no creditor has contracted
for the right to sell his debtors property for
insufficient sum The most ne has contracted
for is the right to dispense with an appra-se-
ment. otherwise to be had, to compel ihs reaIi-
cation of a specific sum-
A waiver Of the right TO es tablish Il minimum
selling price is not the waiver OF Il right 10 IN
sist upon an adequate selling price Such
measure as herein suggested was PASS d 10y one
OF the legislative houses at its last session, and
one of similar character originating in the
-.1-a
under reconsideration failed Of enactment into
law. because Of The close OF the session
Under this head I would also suggest that
the gold clause in NOR, cages and securities
should be absolutely prohibited. Either Coid,
silver or national treasury notes should be
made legal ten 1er for all Obligations in Kansas
The attcn Ton Of the legislature is especially
called TO The open violation of existing statutes
ana 10 the nlercileSS abuses often Sraciiced
upon those who are under the pressing aecessi-
t. Of procuring money on short time loans FRO
greedy brokers. The present legal rate OF 10
per cent interest IS considered ample By all
banks and bankers OF good business standing
nor is there widespread comp aint among
borrowers Of money on any ban!zable time OF
thirty. siZtv or ninety days, relative TO such =
re te for loans
that the existing law IS violated and cunningIy
avoided by D class OF brokers at most OF our
money cen;eTs Hence financial disasters to
many helpless borrower The borrower is
Of collaterals, to fortify The extortion of unlaW
full interest and bonus charged that he may
finally bee me utterly helpless Personal
property that would be exempt from lew, and
ought to remain unincum5ered for the
benefit and proper protection of a house
hold. is too often swept from The grasp Of .
condding wife and innocent children
1t would be but a proper penalty for
these usurious 1oaners of money 10 legally or
felt otn principa; and interest, for e wing
directly indirectly amount of interest
greater than the law provides and would Eur
Their suggest that prudent and wise legislation
might regard such violation of Law a INSIDE
meanec
The legislature was advised to reiIn-
burse those who had advanced money
90 the worlds fair enterprise. Revision
of the banking law so as to allow Of
publication OF official statements in
weekly instead of daily papers was adj
vised. The suggestion of the state SUI
perintendent of public instruction that
school districts purchase books for a
term of years and furnish them free TO
pupils was referred To as a great re-
form.
The governor declared that the state
capitol building should be completed as
soon as posSib bic but left it to the legis-
lature whether to provide for the whole
building or for the portions most needed
Attention was also called to the state
grounds as in need of proper provisions.
The subject of taxation was dwelt
upon as follows:
All taxation is necessarily burdensome, and
should be imposed as lightly IS is consistent
with efficient public service and good govern
mentA That system OF taxation is best that
shall distribute most equally the necessary
burdens all persons according 10 their abil-
ity to bear them and the measure of protection
thew receive from them One class OF DrOD-
erty should not be taxed while another class
escapes. 1t is true in this state, and perhaps
in all others. that a large proportion of person
al property eS apes taxation and its owner thus
shirks his share OF the public burden. This is
especially true of moneys and credits It is
difficult to any Justice in a law which taxes
The owner OF real estate and allows the holder
of a mortgage, whether residing IN this or an
other state, to hold a mortgage on it and escape
untaxed and this, too, when these UntaXed
NOR: gTageS may invoke tie aid of courts to
enforce pay Tnent ard thus add largely TO tho
expenses of government Real estate incun-
bered with mort CAGES should be taxed less than
its value in proportion to the amount OF the
debt resting thereon; the holders of mortgages
should be subjected TO their just proportion of
taxes.
Section four (il OF article thirteen dS) of the
cons titution of California is said TO offer sat
] iSfactory remedy for this double taxation, and
reads follows.
Section 4. a mortgage deed of trust con-
tract or other obligation by which a debt is Sc
! cured. shall for The purpose of assessment and
! taxation be deemed and treated interest
| in the property affected thereby Except as
! to railroad and other quasi public corpora
| TONS in case OF debts secured. the
value of the property affected b. such mortgage,
/ deed Of trust contract or obligation, less
| the value of such security, shall be assessed
| and taxed 10 the owner OF the property, and
4 the value of such security shall be assessed and
taxed 10 the owner thereof in the county. city
| or district which the property affected thereby
| is situated The taxes so levied shall be a lien
| upon the property ard security, and may De
paid by either party to such security. Il
| paid by The owner of the security. the
| tax LEVIED upon the property against
| thereby shall become part of the debt 50 Sc
! cured II the ownercf the property shall raJ
| the tax levied upon such security il shall
| constitute a payment thereon ana to the ex
tent of such pay nlent a full discharge thereof;
| provided. that If any such security or indebted
ness shall be paid By any such debtor or debt
! the amount OF such levy may likewise be re
tanned b. such DEBTOR debtors, and shall be
| compIted according ID the tax levy for the pre-
| ceding year
| Attention is also called to the excessive pen
! alties and:Interest mat are charged up against
| property delinquent FOR taxes These excessive
! charges are usual ami perha ps necessary in fhf
| earlier years OF statehood But IL is believed
! that the necessity for penalties and Tor high
rates of interest passes away as the state be
comes older and its population denser- People
! do ALLOW their taxes become CRGncucl