The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-01-29
CASE Is ADVANCED
SUPRBEE COURT TO GRANT KANSAS
RELIEF IN NAY NEXT.

Stdlce WIN lake Il IDutN III
visemeDt at Once and Settle the Ve1a
tious Question for All Time to Come
of Relief.
Topeka, Kan, Jan. 2S.-(Special.)-s
| telegram was received in Topeka today
announcing that the United States su
preme court had advanced the case o
Bernitz VS.. Beverly, in which the Kan
/ sas mortgage redemption law is involv
| ed, 10 d hearing in April
| The news was received in Topeka witt
a pleasure closely approaching unre'
strained JOY. Money loaners and mon
! ey borrowers alike have been sufferers
from the uncertainty engendered by
| conflicting supreme court decisions up
on the rights of each. Kansas has a
mortgage Indebtedness of some Sc. coo, OOt
| which. in a greater or less degree, was
| effected by the conflicting decisions.
Money lO2ning on real estate has prac-
| tically stopped while awaiting the COM
| ing United States supreme court de-
cision. and in financials circles the ques-
ton of renewals, foreclosures and with
0rdWdlS were CAUSING the RIdNcSL NO4A-
| Germ All sides welcome the advance
ment of the test case, therefore, a s a
settled and satisfactory condition can
be hoped for.
Judge Valentine who appeared before
the supreme court at Washington last
week and argued for the advancement,
said to a reporter today:
1.-THE brief for our side Of the case will
he ready by the midsdle of February. 1t
is practically ready now and the finish
ing touches will be placed upon it in
side of three weeks. Mr.. McMath, at
torney on the other side, stipulated that
we should have our brief thirty days
before he was required to file his. We
shall furnish him with our brief before
March I, and by April l both briefs will
be ready for suhmittal to the supreme
court.
The order Of the court gives us until
the second Monday in April in which to
submit the case on brief without YER
bal argument. BY the middle Of May I
shall look for a decision. The supreme
court usually takes its summer vaca-
ton at that time, and the Kansas case
would not have been advanced except
with the purpose Of giving it attention
before that time"
Judge Valentine IS modest, and says
he does not desire to argue his side Of
the case in the newspapers, but at the
same time he expresses full confidence
that the federal court will reverse the
last decision Of the Kansas supreme
court upon the broad ground that the
"stay law is a violation of the consti-
tutional provision that contracts may
not be impaired.
WORD FROM WtLLER
Topeka, Kan, Jan. pa New York
paper publishes a dispatch from Wash
ington under date of Saturday, Jan. %,
about John i. Walters case, that is
interesting. 1t reads as follows:
"a letter received today by Paul H.
Bray from his unfortunate stepfather,
John L. Waller, revives interest in the
case of that citizen of the United States
who has been deprived of his liberty
through French injustice and cupidity
for eleven months. In all that time
whatever effort has been made on the
part of the Cleveland administration
to obtain his release has proved I'M
awaiting. Mr.. Waller, under date OF
Dec. "a, in the lonesomeness Of his pris-
on cell and in sadness occasicned by the
realization Of his separation on Christ
mas eve from those belived, wrote as
follows:
''T am still kept away from my family
and my country. On this day, when all
the Christian world is in gladness, am
in the deepest sorrow. 1 have heard
of a final decision in my case.
'<I am exceedingly encouraged TO
hear that Senator Baker and Represen-
tative Curtis and the members of the
Kansas delegation have taken up my
case. I pray that their efforts may be
successful 1 cannot understand this !
great delay
- h. g.
day for information as TO the progress |
of negotiations for Walters release /
elected the reply that everything IS be |
ing done that can he done 10 get an |
answer from the French government !
1ne way or the other. Amba ssadOr Eu- |
sits has been instructed 10 press for a 4
decision, in order that congress may be /
informed fully in reply 10 resolutions /
IF inquiry which are awaiting final !
Ouches in the state department. These /
We're adopted by the senate /
and house, respectively. and call for all /
he correspondence between the United !
States and France over Walters arrest
md conviction, the reports of Counsel
Vetter. the findings Of the court of /
Tamatave and ever branch OF the case
20 far as II is continued in the official |
documents on file to date.
LAS France has persistently refused |
o furnish a certified copy of the evil
ience on which Waller was convicted.
the state department is exceedingly
lnxious 10 cover up this weak spot in
= negotiations. and to disguise. T pos
ible, its faint-hearted policy Of beg
ing for what IS should have demand
d. The representations Of the French
authorities are believed TO be little
hort Of insolent on this subject. The |
tate department has Contented itself
With repeating at long inervals. is fee
,le requests. when a demand would
ave brought the controversy TO a
harp issue.
In the course OF the vivid description |
" Senator Frye today OF the switness
nd courage with which England pro
ected her subjects in sending armies
nd fleets with ShOtted guns % demand
heir release, there were many who con-
raSted with that magnificent earnest
eSs the course pursued by the United
states under the present administra-
ion in the case Of Waller.
waller was guilty Of no sediti0n: he
id not intrigue against the French
authorities in Madagascar. nor did h
ommit any crime which would Justify
is sentence 10 twenty years iu.prison-
lent. The worst charge against Wal
aT was that he had violated the French
Military code IN corresponding with his
-ife without obtaining the consent of
ne French commander a. Tar7a-ava
lis letters contained warnings % Mrs.
Waller against Two foreigners who were
Interfering with his business. Waller
ID not communicate with the enemies
: France, as there was no state % var
Omitted al the time the letters wa-a
-ritten, and therefore the most unfa-
orable construction that could be pu-
pom his correspondence would have
cen treasonable intentions impossible. |
Admitting that Waller ex-ae-a5 Ms
life To tell the Hovas that -. a-I7
. were French spies. cha French c-7Y-
landant AT TamaIave denied that -1av