People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1893-01-27

northern states in that regard. He also
suggested laws to perfect and purify
primary elections and to secure to en-
ployes the fullest rights as 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 If the
words 'appraisement waived" or other words
Of similar import be inserted on any deed. bond.
mortgage, note, bill or written contract there.
after made, il shall be ordered in any Judgment
rendered thereon that lands sold to satisfy the
same may be sold without appraisement, order
OF sale being withheld for a period Of six
months Under the operation Of this statute
great abuses have crept into our practice
There usually being no competition at sheriff
sales. lands mortgaged for more than one-hali
their value are not infrequently struck of 10
the judgment creditor for only small fraction
Of the judgment debt-in many instances sun.
cient only 10 pay the costs Of the court
proceedings Notwithstanding the property IS
taken from the debtor for the purpose OF pay
ing his Indebtedness the debt or the major
portionof it, still remains unsatisfied against
him and may be enforced should he then have
or afterward 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wrong and should be repealed No property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 for a price
commensurate with its value as shown by ap
praisement and thereafter the debtor should
be given reasonable time to redeem from
such sale, the proper safeguards being provided
for the protection Of the creditor from any loss
by reason of delay.
While the repeal of the waiver appraise
ment" could perhaps operate only upon future
contracts, yet ii is believed that substantially
similar effect 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 now stands
sheriffs sale Of real estate cannot be set aside
for inadequacy OF price alone. In rare cases it
may be taken into account, along with other
equitable circumstances justifying the vacation
of such sales The insufiiciency Of the law in
this respect must be apparent to everyone
And il the enactment Of such law be within con.
stitutional powers as TO existing contracts, IL is
recommended, as 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 gen.
tlemen, will constitute no impairment OF the
contract because no creditor has contracted
for the right to sell his debtors property for an
insufficient sum The most he has contracted
for is the right TO dispense with an appraise-
ment otherwise 10 be had TO compel the reali-
zation OF a specific sum
waiver OF the right TO establish minimum
selling price is not the waiver Of right TO in
sist upon an adequate selling price. Such
measure as herein suggested was passed by one
OF the legislative houses at its last session, and
one OF similar character originating in the
other house was passed By it. but being taken
under reconsideration, failed OF enactment into
law, because Of the close Of the session.
Under this head l would also suggest that
the gold clause in mortgages and securities
should be absolutely prohibited Either gold,
silver or national treasury notes should be
made legal tender for all obligations in Kansas.
The attention Of the legislature is especially
called TO the open violation Of existing statutes
and to the merciless abuses so often practiced
upon those who are under the pressing necessi.
~ OF procuring money on short time loans from
greedy brokers. The present legal rate OF 10
per cent interest is considered ample by oil
banks and bankers Of good business standing,
nor is there any widespread complaint among
borrowers Of money on any bankable time Of
thirty, sixty or ninety days, relative TO such o
rate for loans
But there exists well-fOunded complaint
that the existing law is violated and cunningly
avoided by class Of brokers at most of our
money centers Hence financial disasters to
many q helpless borrower The borrower is
often compelled to deposit an excessive amount
Of colaterals, to fortify the extortion Of unlaw.
ful interest and bonus charged so that he may
finally become utterly helpless Personal
property that would be exempt from levy, and
ought to remain unincumbered for the
benefit and proper protection Of a house
hold, is too often swept from the grasp Of a
conhding wife and innocent children
1t would be but a proper penalty for
these usurious lOaners Of money TO legally for.
felt both principal and interest, for receiving
directly or indirectly an amount of interest
greater than the law provides; and would fur.
Their suggest that prudent and wise legislation
might regard such violation Of law misde
meaner
The governor declared that the state
capitol building should be completed as
soon as possible 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 as is consistent
with efficient public service and good govern
ment That system OF taxation Is best that
shall distribute most equally the necessary
burdens on all persons according 10 their abil.
ity to bear them and the measure Of protection
they receive from them One class OF prop.
erty should not be taxed while another class
escapes. 1t is true in this state, and perhaps
in all others, that large proportion Of person
al property escapes taxation and its owner thus
shirks his share Of the public burden This is
especially true OF moneys and credits. 1t is
difficult to see 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 10 hold mortgage on itand escape
untaxed and this, too, when these untaxed
mortgages may invoke the aid OF our courts to
enforce payment and thus add largely TO the
expenses Of government Real estate incum.
bered with mortgages 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 (i) Of article thirteen Q3) Of the
constitution Of California is said to offer q sat.
isfactory remedy for this double taxation.