The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-12-12
THE POT CALLED THE KETTLE BLACK"
BECAUSE THE HOUSEWIFE DIDN'T USE
SAPOL. 10

| son VS.. Kinsley, which was a case on
mortgage given before the passage of
a law in Illinois, in 1894, which gave to
the judgment creditor ten months in
which to redeem, and fifteen months
thereafter in which other creditors
might redeem il he did not, and also
providing for an appraisement Of the
property. The supreme court held
that both the right to redeem and the
appraisement impaired the obligation
of the contract; that the complainant
was entitled to have the property sold
under the law as it stood when the
contract was made, without an ap-
praisement and without any right on
the part Of the creditor to redeem, and
the fact that ii was based upon
mortgage was merely stated by the
courts as a part of the history Of the
case, and not as influencing in any de-
gree its decision.
But in the subsequent case OF How
ard VS.. McCracken, in second Howard,
q have forgotten the page, the su-
preme court held that a law directing
that no property seized upon execution
should be sold for less than two-thirds
of it's appraised value was imperative
as against a judgment upon an IN
secured note made prior to the passage
of the law. In other words, in this
case there was no mortgaged property
pledged to the payment of this par
ticular debt, and nothing else pledged
TO it; just simply a plain judgment at
law upon a promissory note. and yet
IL was held that an attempt to apply
the appraisement law ito property seiZ-
ed upon execution was a violation OF
the constitution, and in the course OF
Ia 1T ~ Ill
say that the law in force at the time the
note was made entered into the con-
tract as fully as if II was written there
in. and that if the law at that time did
not authorize nor direct an appraise-
ment to be made of property seized up
on execution, il was equivalent TO a |
direct stipulation written in the pay
ment Of the note and taking judgment |
the sheriff might seize any
property he could find belonging to the |
maker, and sell the same without an |
appraisement, any law in the future |
Il mention this case because Judge 1
Martin does not seem to have quoted |
il, nor considered il, though he may
have done so in the opinion, which / /
have not seen in extenso.
II may add that the supreme court |
both cases as late as the Hath L. s,
and not only emphatically reasserts
the doctrine, but has quoted the Ian
guage. the substance OF which I have
just given"
ATCHISON PATRIOT AGAIN.
Announcement OF another change IN
the management of the Atchison Pa
triot, recently dubbed the Star and Pa
triot. is made The old paper falls
back upon the hands OF Colonel S. r.
Stambough. its owter since 1881. the
syndicate recently operating Il having
cast of the burden Of fts management
The paper was established in 1855. and
was for years the only Democratic
paper in Kansas a long list OF news
paper writer's some OF more than local
fame. began their career IN It's editor
al rooms Among those who have been
connected with il as proprteiors o. edi-
tors are Nelson Abbott. b p. Wag-
yener. H Clay Park 2. L Vandesrift.
II B. Horn. r B. Drury. Frank Brooks.
Charles F. Cochran. Frank farrell. Ceis
Calvert Joe Rank. G. ". Buckin CHAM.
Ed Smith. Thomas Sclvsrs. Fred Bird
and : r StznlbouEh- L has had al |
,ventfui history and many ups and |
towns Al times 4 made big money
or its owners. and g. other times swsl-
owed I'D their money as TAT 5ole
consumes sand les greatest trouble
las always bee1 a plethora % part :
ieTs- Some years ago The running gea-
Ia not ~ snug5y on account cf The
divergent opinions of Is owners as %
ne right way 20 run newspaper. and
ne % them invoked the aid OF the
ours 70 settle the differences As
esult OF the experiment the oocrt-
iouse door price OF the entire plant vas :
consumed. the assets we're dtszspst.-i
nd the p-op-scors lad 20 90 Gown Into
heir pockets 20 make Up deficiency ,
o pay the costs % Ire litigation
KANSAS DAY SPEAKERS
TIE executive committee OF -he Kan
as Day club met - the Copsis1t LAST
4ghi and made arrangements fo- tie