Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1893-01-19

| SIHNc questions OF CONSTITUTIONAL Jaw
or the construction of statutes.
The governor called for laws TO hold
| Judges OF election for disregard OF the
| rights of electors aud indorsed in the
strongest terms the Australian ballot
Jaw, Mt the same time expressing regret
that Kansas has fallen behind the other
| northern states in that regard. lie also
| suggested laws to perfect aud 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 1877 provided that II no
wo DIS ap 1raiscm mt waive |" or other wor liz
NJ snl ar I'M ort he nscr cd on an dee t. bond,
mortgage, noe bill or written contr ct there.
| IT. made, / shl be or le Cd in NJ Judgment
| rendered thereon hit Ian Ii sold TO "a isty MS
same may he 30 wi bout ap rhscment, order
OF sale be ng " Thu d fIr a period OF six
| months Under IN op'rat on Of this ututc
| re abuses have or pit INTO our practice
In re u.uilly b ing no tom EDITION at sheriff
$ les. lands m irt aged fDr more thLn one huf
| heir ytlue arc not infreq emily struck on 10
| the judgment rcditor for only small fraction
| OF the judgment debt in mtnf inst noes sum-
| c ent only D. paw the costs of the court
proceedings N with nd ng the property Is
taten from the debto' for he purpose OF pay.
| ing his in ebe lnesa. the dibt or the m lior
| nor ior Of II, stiil remains unsatisacd Iga nst
| him and ma be enforced sh Iuld he then have
or after ward acquire any re Il or personal prop
| erty not ex mot from seizure This law is
wrong and should be repea ell No property
Shou be sod at forced sale except for price
commensura' wi h its value as shown by ap-
nrlisemenL and IA rcafter the debtor shoul
be Civ n rca onlbl tine to red EN- from
such sale, the proper 4 guards being provided
| e. the pr0te ton VI the ere iitor from any loss
| BY reason Of delay.
While the repeal Of the "walver appralse-
m"nt" could perhans operate onl' upon future
contracts, yet II Is beliov d tn u substantially
| similar eject as to x sting contracts can be
cured BY the enactment OF law EN- towering
| the district courts to vaclte sheriff sllna for In.
aieqnacr OF prio. As the law now 1T lnds u
| ~hern's sale OF real esta Q cannot be set aside
for ina leQua y OF price alone In rare cases It
IN " be taken into account along with other
| equi able circumstances jus flying the vacation
/ uf such sales Z he insuiticlnncy OF the law In
| his respect must be apparent to everyone
| And II the enactment Of such law be within con.
| sutulional powers as TO exls ing olnir tcts II Is
recommended as measure Just 10 the debtor
and beneficial also to the creditor, whose intel
est II II TO secure the full payment Of his debt
and not he land OF his debtor
| Su, h law, II is believed bg eminent legal gen
| lltHtN, Will conalllute no impairment OF tne
contract, because no creditor has contracted
Tor 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-
monL otherwise to be had, to compel the reAl-
| cation OF u specific sum
| A waiver OF the right TO establish minimum
selling price is not the waiver OF right TO In.
sist upon an nd quate selling price Such
| measure as herein sugges ted VAS passed by one
OF the legislative houses at its last session and
one OF similar character originating In tho
| other house wa passed BY II, but being taken
under reronsid ration, IA led Of enactment into
law, because Of the close OF the sess on
Under this head l would also suggest that
| the gold clause In NOR ges and securities
should be absolutely prohibited Either god,
silver or national treasury notes should be
| made legal ten er for all obligations In X insas
The atien ion Of the legislature is especially
called TO the open violation OF existing statutes
md to the mcrciless abuses so often pruoli iced
| Upon those who are under the pressing neccssl.
| ~ OF procuring money on short time loans from
greedy brok rs The present legal rate OF 10
| per cent interest Is considered ample by all
banks and bankers OF good business standing
| nor Is there any widespread comp aint among
borrowers OF money on any blnkable time Of
| thirt sixty or ninety days, relative TO such a
rate for loans
But there exists q well.founded complaint
| that the existing law Is violated and cunningly
| avoided by class Of brok, rs at most OF our
| money centers Hence financial disasters to
| many a helpless borrower he borrower Is
| often compelled 10 deposit an excessive amount
OF colaierals, TO fortify tn eHtortion OF unlaw.
I'll interest and bonus charged so that he may
finally bee me utterly helpless Personal
property that would be exempt from lev, and
ought 10 remain unineumbered for the
benefit and proper protection OF a house
hold, Il too often swept from the grasp OF q
conhding wife and innocent children
Il would DO but proper penalty for
these usurious oaners OF money o legally for.
lett 9th principal and IN crest, for 70 o wing
afro W or indirectly an amount Uf interest
greater ID n the lIv provides and would fur
Iher ggrst ID u prudent nd WiRs Legislation
mi hi reG'Td such vtdatiou Of law misdo
meanor
Tho legislature was advised 10 rein,-
burse those who had advanced money
30 the worlds fair enterprise, Revision
Of tho banking law sd Us TO allow Of
publication Of official statements in
weekly instead OF daily papers was I'D,
900. <l~ AasSss,s0s q ~ asie ~