The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-05-20


Turned Down by the Supreme Court
Justice Brewer Thinks the Opinion was
Unanimous-Ingalls Speaks Beautiful
Sentiments Over the Grave OF An Old
FrieDd-Kansas News
Topeka, Kan, May 19.-The Kansas
mortgage redemption law, which gives
the mortgagor eighteen months in
which TO redeem his land after il has
been sold under foreclosure, was pass
ed by the legislature of 1893. 1t quickly
got into the courts and decisions were
made upon it at different times by near
~ every district court in the state. The
case which has just reached decision IN
the supreme court was first decided by
Judge Hazen, of the Shawnee county
district. He held that the law was
unconstitutional. Appeal was taken
to the supreme court, and at the Apr!
term, 1885, decision was handed down
by Chief Justice Horton. assented by
Associate Justice Johnson, in when
Judge Hazen's decision was affirmed
The Populist associate justice, Mr.. Al
len. wrote a long dissenting opinion,
in which he held that the law was con-
stitutionaI. On May ! Chief Justice
Horton resigned, and Judge David Mar
tin was appointed to the place. Short
~ afterward the attorney for Beaverly
appeared before the supreme court and
asked for rehearing, which was grant
ed In December following Chief JUS
tice Martin handed down decision,
with the assent Of Justice Allen, which
4 asrsr Ing
johnson wrote a dissenting opinion in
which he held 10 his former decision,
and this was the status Of the case
when Barnitz appealed to the supreme
court OF the United States.
When the news of the decision reach
ed Topeka, the reporter sought out AS
sociate Justice David Brewer Of the
United States supreme court, who is
the guest of his daughter in this city.
To a question, Judge Brewe responded:
THE case was taken UP by the judges
within two weeks after it was filed, and
received immediate decision, the decis-
ion was a unanimous one. / was not
present at the final consultation, after
the opinion had been written, but at
the first consul tation, when the decision
was made, We all appeared TO be OF one
mind. You possibly do not know that
after a case has been consulted over, a
decision agreed upon and the writing
of the opinion assigned, it is again con-
suited over after the opinion Is submit
ted, when any justice is at liberty to
dissent if he pleases. There may have
been some disagreement at the last dis
cussion, but think not"
When the news was carried to Chief
Justice Martin by the reporter, he said:
81. r. ,1,.rr
he responded that he desired to read
the supreme court opinion before pass
ing any comment on IL.
Associate Justice Johnson declined to
talk any further than to say that he
has never doubted for an instant that
the decision would sustain Judge Hor-
ton and himself.
Judge Horton said, with a quiet smile,
when approached by the correspondent:
Il do not think the lawyers of Kansas
questioned for a moment what the de-
c.sion Of the supreme court would be. :"
To further questioning. the ex-chief JUS
tice said of his prompt vindication: 81
confess / was never more surprised IN
my life when Judge Martin reversed
Judge Johnson and myself. 1t nearly
took my breath away. 1 am not in
formed whether the decision of the
court was unanimous, but scarcely be-
lieve that single associate justice took
any other view Of the case than the ma
jority-"
Nearly every lawyer in Topeka has
held that the supreme court would re-
verse Judge Martin. Two Populist
judges, Mckay of Barber county, and
Bailey OF Rice county, have held with
the present chief justice OF Kansas,
while every other district judge in the
state is said to have held against him.
The interest over Kansas in this de-
cision is intense, and II is certain TO
become a grave factor in the nomina-
ton OF a chief justice this fall.
SAYS y. z. a. WILL DIE.
Topeka, Kan, May 19.-Justice David
]. Brewer of the United States supreme
court, in company with Mrs. Brewer,
his daughter, Mrs. Karrick, and Mr.
Karrick, Miss Bessie Brewer, Redford
Sharp, sam Antonio, and H. Atchison
OF New York City. arrived in this city
last night in San Antonio and Arkansas
Pass special car from Leavenworth,
where the interment OF Miss Fannie
Brewer. who died in San Antonio last
Monday, took place Saturday. The
party, with the exception of the chief
justice, left on Santa Fe train No 5
for Brighton, Colo, the home of Mrs.
Karrick, where Mrs. Brewer and Miss
Bessie will remain for some time.
Messrs Sharp and Atchison viii &C
company the party to their destination.
and viii then return respectively 10
San Antonio and New York
Justice Brewer viii remain in the city
the guest Of his daughter, Mrs Aaron
| T. Jetmore, until tomorrow afternoon.
! The supreme court hand down their
final decision on Monday next, and will
then adjourn for the summer, but JUS
tice Brewer expects 10 remain in Wash
ingtOn for several weeks in matters per
! tanning to the Venezuelan commission
Of which he is member.
When asked concerning the work o,
<he commission, Justice Brewer said
that il was what might be termed an
endless jOo.' but that the commission
expected to be able 10 render a decision
early in the summer. When We frs;
took hold Of the work" said he. I'VE
found II hard. as we had TO gather in
formation wherever we could find II.
Now, however, the governments are
furnishing US with documentary evi-
dence The object is not TO md wha:
the boundary is at present, but what I;
was as first decided upon. For this
purpose we are now examining old Span
ISL documents. coo pages OF the matte.
Is now undergoing translation and viii
probably be ready in the course of q
week"
Do You think the decision of the CON-
mission win be satisfactory to both gov
erumentS. was asked. Hardly" said
| Justice Brewer, from the fact thai I
I never saw a decision yet that was per-
/ Tecily satisfactory 70 both parties. bu:
1 think the decision VIII he made the
/ basis OF negotiations which VIII uits-
! mately result satisfactorily