The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-09-25
THE DECISION HERE
ATTORNEYS DISCUSS THE SUPREME
COURT RULING
On the Mortgage Law of the Last
L~gislataxr-Jraxe Burke Says IL
j. Sound, Judge win.er Does Not
Like ia, Burieigh Believes It Jzsf-

The decision az Ire supreme court IL the
case ot Swt1barne VS.. TIRE sheriff u Psercs
county. as @ TIE operations ce the E-ort-
gage law passed by the last legislature,
presents a. issue thar IS squzre1y made as
between tive d1sIt1ct schools OF political
e.oraxzssss. E-7s1F, the effect % ths cs-
elsson is t1as tas lew. which gave mort
gage 6ebto- tie enjoyment Of The premises
fer ere year sE.eF the Isvr 81 the exscu-
tsoe. are provided certain ue-aeds fer ap-
prafse-zsnt, cannot be considered as az
fecl.ng contracts Il sxlsteEcs al the THE
az TIA passzSe o. ghs act TIE supreme
corrs holds ia. TIRE law IN operation 81
toe fire @: ths mixing CT the contract
e.co-nes part Thereof. aaG any sabse-
ensrt &C. of tas legislature affecting ne
contract IS vosi- Sch a legislative enact
znenr. Il = held. 81 Il violation o. sses1oa
20 OF article Q. TIE Federal constitution.
and Il conflict with the constitution CO ms
state
Judge Burke's opfnion.
A Post-Intellizencer reporter yesterday
asked three well-known Seattle attorneys
for their opinion as 10 ths decision and rhs
principles involved in the controversy.
Judge Thomas Burke said:
THE decision is a good one. II IL q
sound decision. II ~ the only cscision that
such court could render. There never
was any doubt IN my mind that the law
passed b. the legislature did not operate
70 iavalseate contracts existing prior %
the passage OF TIE law. Such thing would
be against the Federal constitution: he
Law providing remedy for the coilect.oq
OF debts Is part OF the contract II
borrow q SUM or money from you and faii
or refuse 10 repay Il, your remedy Is pro-
vidsd b the Law Of the land This lAw
debt and Is a part OF the contract between
us. The legislature cannot destroy thAf
contract. II the legislature could say thal
] could keep the property rnortgsge6 for
a year after judgment had been rendered
and execution had been levied why could
Il not say that could enjoy possession for
i've years, or for ten years. or that you
4 know that those who are opposed 70
the principle Involved IN the decision viii
say that the law Is not part Of the con-
tract. But this mortgage law would De-
srroy the contract after il had been made
Tbs decision il sound and Is good law.
Judge Richard winsor.
The Popul!st view Of the decision and
the issues involved was well presented by
Judge Richard Winsor. He said:
You ask me for my opinion Of the decis-
lon OF the supreme court, published IN the
Post-intelllgsnce today. ] VIII enceaFor
In as few words as possible TO state my
opinion OF the decision from PopuAstic
standpoint. IN doing this / intend no dis
respect for the Republican members Of the
that Republican tendency. under pressure
OF the mo1eyed institutions OF the coan-
try, Is. By slow degrees, carrying the he,
publican judiciary with IL, and Individual
members are hardly responsible for ths
result OF that tendency.
From the Populistic standpoint. how
ever, the law OF the late legislature Is not
In conflict with section 10 Of article l., Of
the constitution Of the United States. IN
regard to impairment OF contracts. our
broad position. as distinguished from that
Of f-ssE Itgazr IA ~ Ia
THAT the judicial procedure 20 enforce
contracts, from the commencement Of the
suit 10 the complete result. Is All part or
the remedy. The providing OF this remedy
tive. -~'' =
Whenever a contract OF private indi-
viduals undertakes TO anticipate and block
the governmental prerogatiye our position
IS THAI that part OF the contract which at
tempts 10 limit the power 10 change The
remedy must fall
For instance, in affordIng a remedy the
legislature. in framing machinery. must
provide for period at which the property
taken by the strong arm OF the law shaIl
pass absolutely from the debtor to the
creditor. or other purchaser al the sale
This power pertains 10 the Legislative de-
partment OF the government IN framing q
remedy. and IL is not 10 be assumed that
the legislature will exercise IL arbitrarily
or untustly. This discretionary power IS
vested IN the legislative department Of the
government and not in the judiciary.
Inc E&W may IFUfA1S AAdl a&fAia SaAc
and confirmation OF real estate the title
shall pass absolutely 10 the purchaser at
once. or after the expiration OF six months;
II may change that period 70 one year two
years or any other time that its best 5uds-
rnent determines.
IF persons in making mortgage or other
contracts assume 10 anticipate and fore
stan this power and ETnit IL by their con-
tract. that contract must fall whenever II
comes IL conflict with the law.
our court. from Republican eauca-
ton, has followed the general tendency
through judicial innovation 20 limit the
powers OF the legislative department OF the
government In providing q remedy.
II can only regret that judge elected
by q movement last fall from which so
much was expected IN the interest OF a
lcng-suffering people, should have Joined
in the opinion"
Andrew r. Burleixh.
Andrew r. Burlelgh's idea Of the matter
was stated forclbly and conc.ssly. He
said:
Anything that viii operate against the
laws passed by the Populists hindertng or
preventing the collection OF debts. 10 in
the public interest believe the decision
IS founded in logic and Is sood law. II Is
just"