The Red Cloud chief., 1897-03-26

the medical committee recommended
the passage OF :. r. 351, relating TO the
disposition OF unclaimed dead bodies.
On recommendation of the judiciary
committee =. +. 2lO was advanced TO
third reading. IL provides that the
territory embraced in the corporate
limits Of towns of $500 inhabitants
shall constitute one school district, but
the district may include territory not
within the city limits.
The senate then resolved itself into
committee of the whole for the consid.
GRAFTON Of $. +. 1Os, to abolish def.
cheney judgments.
It's ~introduccr. Senator Beal offered a
new section which would have the ten
dency to hold the surety for the def
cheney. Senator Beal said he consid-
r this a concession, as II left ample
protection for the mor;gagee. In re-
ply to a question from Senator Gond-
ring he said he desired to make the
bill apply to existing contracts.
Senator Ransom interpreted the
amendment to mean that the man who
got the money and promised to pay is
to be released after the property is
sold, but that the man who b%efriendcd
his neighbor and signed a note on
which the mortgage is based is to he
sued and the deficiency Judgment
wrung from him. II passed il would
brand those voting for IL as regulators.
Senator Farrell said he was opposed
to deficiency judgments, but was not
in favor of impairing existing contracts.
Senator MUTT argued hat IL the
amendment vas Reputation then the
present law was Reputation. lie did
not nn1nrSta nd shat tha ana,1,Apt
made any change in the present law.
As 1t now stands the mortgage can
cover from the surety and the sure
ty can sue and recover from the mort
gagor.
Senator Murphy declared that the
amendment did not make n change in
the present law, as il released the
mortgagor from liability under def
cheney. lie said the amendment was
the only redeeming feature of the bill.
IL was right to hold the surety for a
deficiency judgment, but wrong to re-
lease the man who obtained the money.
the man who received the considera-
ton. IL his legal liability is wiped out
his moral liza ability remained.
Senator Lee said he favored the bill;
that its passage would put all senator's
right before their constituents.
Senator Jcffcoat opposed the amend
ment but favored the bill. He said
the people did not want to- %repudiate
debts, but that they were forced to do
so by the Shylocks who had contracted
The volume of money and for that rca-
son they should stand the loss of the
consequent depreciation.
When a vote was being taken Sena-
tor Beal admitted that his amendment
was offered at the suggestion of Sena-
tor Murphy of Gage: that he did not
care particularly about its adoption
since they had failed to convert the
senator from Gage.
The amendment was defeated by n
vote Of Is to Q.
Senator Murphy then moved to
amend so as to prevent the act from
being applicable to existing contracts.
Here again argument was had. the
position of the senators being reversed.
Those who favored the amendment
made their argument along the lire
that existing contracts should not be
impaired, but should be held sacred,
and quoted Senator Allen on the sub
jcct. Some expressed themselves as
favorable to abolishing deficiency
judgments. and would vote for the bin
if that part affecting existing con-
tracts were stricken out. But as IL
was the bill was for reputation.
Those opposed to the amendment ar
gued that the measure contained no
element of reputation, hat a mort
gage under the present law placed n
value on property mortgagcd and that
the loaner of money ought to be bound
by the contract. 1t gave to the money
LIZA H. "a. Aa1 1Al
for, possession of the property mort
gagged: that under the present law men
were slaves, in as much as they were
pursued to the grave by deficiency
Judgment. and their children after
them. Senator Beal branded the pres
ent law as IA relic Of barbarism that
ought to be wiped out. He closed by
quoting the Mosaic law relating to us
ury and repeated phrases from Abra-
ham L~incoln's speeches.
Senator Murphy closed the argument,
He said that existing contracts ought
not to be impaired. and called on the
members to remember the divine in
junction, Pay what thou owest.
The amendment was defeated by a
vote of 10 to IL and the bill recommcn-
ded for passage by 16 to IL.
At the close of the day McGann OF
Boone called for bills on third reading.
His bill. senate file 2I0. providing that
school districts in towns of l, 800 inhab'
itants shall be co-eXtensive with the
city limits. was read the third time and
passed with the emergency clause.
On motion OF Ransom of Douglas the
chair was authorized to appoint a com
mittee to confer with "A like committee
from the house on the exposition bill.
Adjourned.
Wednesday, March II.