The advocate and Topeka tribune., 1893-01-18

argued That considerable expense would attend
this change If applied to all the voting precincts
or the state, and perhaps satisfactory results
might he obtained by introducing the Austria
Liam ballot in the cities and larger towns of the
state. But no change OF modification should be
considered that would in any measure lessen the
jealous care with which all good citizens should
guard the purity OF the ballot box.
Some effort should also be made to protect
primary elections in the work Of selecting can
didates. After corrupt primary shall have sent
/ forth tainted results, no general election law
can wholly cleanse the stain. l would therefore
submit for your consideration whether itmight
| not be wise to require longer residence in the
wards or voting precincts of cities to entitle a
| citizen 10 the privileges Of the ballot. II has
been demonstrated that the law as' at present
requiring aresidence of only thirty days prior to
election, Is subject to great abuses; and IA mer-
cenary voters are mostly found in the floating
population of onr cities and larger towns, It
seems imperative that some measures shall be
adopted to protect the interests of abiding
citizens from the malign influences OF this class
of persons. In our larger cities provision
should be made for publishing alphabetical lists
of persons registered IA voters. These lists
should be arranged by wards, or precincts, show
ing each persons age, the number and street OF
his residence, and should be published suffi-
cient time before each election to enable proofs
to be made of illegal registrations, and the
striking oil the names OF those not legally en-
titled to vote.
Employees should be protected by the most
stringent laws In the free exercise of their rights
as electors, and severest penalties imposed on
employers, whether individuals, companies or
corporations. who shall seek in any manner to
use such employment as means of influencing
votes.
The law by which the election ofan officer is
determined by casting lots in case of tie vote
should be repealed andall such cases should be
referred back to the people for new election.
The preservation OF the state must he secured
by most rigid and honest observance of duty
III, %
grave powers and responsibilities as the hold
ing and conducting of popular elections.
Mortgage Laws.
The Legislature in 1872 provided that II 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, it shall BIO ordered in any judgnent
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 One-half their value are not
infrequently struck off to the judgment creditor
for only q small fraction of the judgment debt
in many instances sufficient only to pay the costs
property is taken from the debtor for the pur-
pose of paying his Indebtedness the debt or the
major portion of it, still remains unsatisted
against him and may be enforced should he then
property not exempt from seizure. This law Is
wrong and should be repealed. No property
should be sold at forced sale except for price
commensurate with its value as shown by aD-
praisement, and thereafter the debtor should be
given q 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 of appralse-
ment" could perhaps only operate upon future
contracts. yet IL Is believed that substantially
similar effect as to existing contracts can be
secured by the enactment of o law empower
Ing the district courts to vRcate sheriff sales
for inadequacY OF price. As the law now
stands sheriffs sale OF real estate cannot be
set aside for inadequAcy OF price alone In
rare cases 1t may be taken into account, along
with other equitable circumstances IuatlfyinR
the vacation OF such sales. The insufflclenoY
OF the law In this respect must be apparent to
every one And II the enactment of such law
be within constitutional powers as to existing
contracts, 1t Is recommended, rs q measure
just TO the debtor, and beneficial also to the
creditor, whose interest IL 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.
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 con-
tracted for Is the right TO dispense with an ap-
praisement, otherwise to be had, 10 compel the
realization of a specific sum.
waiver Of the right to establish q mini
mum selling price Is not the waiver OF o right
to insist upon an adequate selling price. Such
measure as herein suggested was passed by
one OF the legislative houses at It's last session.
and one of similar character originating In the
other house was passed by IL, but being taken
under reconsideration, failed Of enactment
into law, because of the close of the session.
Under this head / 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.
Taxation.
All taxation Is necessarily burdensome, and
should be imposed as lightly as ls 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 TO their ability
IN hear them and the measure Of nPotaotlOn