The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-02-16

houses or constructing improvements.
Homes might be lost thereby and the de-
xsioesnent OF the state seriously retarded.
Ihey We're helpless 80 far as existing
mortgages are concerned, for such laws
could not affect them snJuriousiy uncer
10Th the state and national constitutions.
ihere Is no way o. compelling new loans
or extensions of either foreign or local
capital Realizing the great public inter-
est conferred In the decision Of these qaes-
lions. and desiring 10 ee fully en-
usaiened as might be. the court followed
the practice, sometimes adopted. O.. IN
WING other competent attorneys TO ex-
press their views 70 the court on said
matters, they not being interested IN the
case. These gentlemen have cour;sousiy
ana ably responded. and while In tTaport-
ant particulars they have disagreed. and
wniie ~ VIII not De necessary 10 consider
Tue argument presented upon souse lines
IL mas been much TO the courts assist
ance The most important questions are
snose arising under the act relating 10
safes OF properly under execution. espx-
cisiiy the matter OF appraissment and
the deficiency Judgment act as these are
the most serious obstacles in the way
OF obtaining loans and renewals
Arguments have been presented in sew
erai or the briefs TO the end that the pro-
visions or the act relating 10 sales OF
pToper,y under execution as to the ap-
pFaisement of land. do not apply In the
case OF mortgage foreclosures In the
case OF Swtneburne VS.. Mills Wash 30
rae. 4ss without entering upon an ex-
tOANSd GtS%NS>iou OF mat point. the court
expressed the opinion that owing 10 the
Use or the word decree. etc. ia the title
OF the act. and the direct reference 10
mortgages in section 10, mortgages were
included In the act. and that there must
De an appraisement as TO suhseouent
mortgages. There are other expressions
or IKE import, such sales upon execu
tion or by order of the court in section
:, ana upon the return of any sale Of
Ieai estate or execution. in seetloa II.
Also the evident intent OF the act as a
Whoie 10 deal with all sales OF real estate
al the suit or the private or individual
creator strengthens that conclusion and
We follow IL here. In the discussion Of
the Swinburne case. the court after hold
ing that the provisions OF the act re-
iating 10 an appraisement applied TO
mortgage DEGREES as we'll as to ordinary
ment of the obligation of existing con-
tracts and could not affect prior mort
cages, following a long unbroken line of
prior mortgage there in controversy. No
attempt was made to interpret or con-
strue the act further in that case, as Ii
was not necessary TO do so. But the
substance of the entire act Is largely In
volved in this case. for n construction OF
the particular parts questioned renders
necessary a consideration of Nearly all OF
Il 10 some extent in order 10 harmonize
and give effect TO the whole.
1T Is a wholesome. weil-esta hlished rule
that an act should be interpreted or con-
strusd to give effect 10 each of its ex-
press provisions If practicable. In case
of conflict. those susceptible of but one
meaning will control those susceptible of