The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-01-16
A. H. ELLIS TO LAWYERS


On the Mistakes of Law and of the
Lawyers.
At the meeting of the Kansas State
Bar association this morning, A. Fl. Ellis
of Beloit read paper on "Ihe Mistakes
of Law and Lawyers"
In it he said: Recently there has
been good deal of agitation about the
redemption law adopted by the legisla-
ture The trouble which this act
was designed to remedy began in 1872
when the legislature adopted a law en-
titled, An act relating TO the sale OF
property without appraisement.
''Since the adoption of that law 1t has
been customary to insert the words 'ap-
praisement waived into every obligation
for the payment of money and in fore
closure cases the mortgage having
obtained a judgment would cause
the lands to be advertised for sale
and then bid them in at a tenth, twen-
tieth or fiftieth of their value and hold
the balance of the judgment against the
the debtor.
"Those who sustained the law argued
that the debtor was fully protected be-
cause public sale implied competition,
but they wholly ignored the following
facts:
"First-In western Kansas at least very
few people who desire to purchase land
have money with which to purchase.
"Second-Those who would have been
willing to purchase and could have ar
ranged to procure funds with which to do
SO, know full we'll that such a course
would be useless. for the mortgage
would run the price up until disinter-
ested person would not care to buy.
"Tae baneful effects of that law were
chiefly felt in the western portions of the
state where values were unstable and
where debtors have been unable because
of bad crops to meet even interest pay
ments.
$50 the credit of the Legislature which
repealed the redemption law be
it said they adopted a provi-
sion that sales of real estate
should not be made except for two
thirds of the appraised value thereof
But the time of redemption is too long
and it is a fact that few eastern invest
ors are loaning money in Kansas as q
get high rate of interest and make
smaller loans than formerly"
THE DEATH PENALTY IN KANSAS.
Judge William Thomson of Burlingame
Points Out Its AbJurdities.
The paper of Judge William Thomson
of Usage county, entitled 1.-The Prisoner
at the Bar" was also read today. Mr..
Thomson said: "You, prisoner at the
par nave D66n COQVlCLSQ Oh Ou0 Oh
the highest crimes known to law. The
punishment prescribed is that you
shall hang by the neck until dead. But
compose Yourself; the statute cannot
harm a hair of your head. The court
says that you shall hang, but you shall
cot be hanged until the executive APP
points day, and since the law of 1872
went into effect the governor of the state
has never had an almanac that contained
days enough from which he could select
a day for hanging.
do you not remember tina: the county
attorney in his examin alton asked all of
the proposed jurors -ifthey had any scru-
pies against the death penalty. and do
you recollect that four of the very
best citizens in the commun-
ity were rejected because they
answered that they did? Thus you and
the state were robbed of the valuable
service of all such in the hearing of your
case.
THE legislature should make the en-
tire code harmonic in fact as well as in
theory"