The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-24

lists. When the Populists made over.
lures TO the Democrats, prior to the last
campaign, they charged that Mr.. Du-
bcis and his friends did everything in
their power to prevent what subSe-
quently became the Demo-Pop fusion
When TIE details of the fusion were
being arranged in convention, Mr.. Du-
bois and his followers knocked for adj
mission, and here the Populists retail
lated They refused point blank to
make it three-handed, and they found
enough Democratic support to prevent
a triangular coalition.
The bitterness engendered by that
contest has not been ameliorated. On
the contrary, it has been intensified,
and gives promise of preventing an alb
solute silver union. It and other mat
tiers have caused a feeling of hostility
among the Democrats and PopulistS,
and it may be uttered as a prophecy
that the fusion for the coming cam
paign. if any there be, viii be between
the Democrats and Silver Republic
cans. This will naturally drive the fu-
sion Populsts into the middle-of-the-
road ranks and give Idaho a three
cornered political campaign.
Granting such a lineup, there seems
to be no doubt as to the result. AS
Mr.. Dubois says in his recent declara-
Republicans of the state, many Repub
licans who have hitherto stood with
Mckinley will leave him, believing the.,
have been betrayed, in view of the
puncturing by the administration of
their international binetallism bal
loon. But even if there should be no
assertions from the ranks of the gold
party in the state. its leaders admit
openly that there is no hope for them
n nd ha r1Y ma will q
~ perfunctory. The Populists cannot
hope to win single-handed, and the re-
suit would be a victory for the Demo-
cratic-Silver Republican alliance.
However, Mr.. Dubois will continue
his fight for an absolute silver union,
hoping that the influence of the ma
tional organizations of the three silver
parties will ultimately bring all the
recalcitrants into line. If it is shown
the plan cannot be carried through, it
can be stated authoritatively that Mr..
Dubois will not hesitate to join with the
Democrats.
IMPORTANT COURT DECISION.
The supreme court has rendered a de-
cision of the highest Importance rela-
tive TO the acknowledgements of mar
ried women to mortgages. the details of
which have not been fully brought out.
The decision was in the case of the
Northwest & Pacific Hypotheek bank
VS. A. Rauch ct al, reversing the judg
ment of the lower court in favor of the
bank. AS the decision contains the die
tum of the court on the question of
acknowledgements, affecting hundreds
of mortgages in the state, it's recital
will prove interesting to many people.
The action was brought to foreclose a
mortgage on the property of A. Rauch
and his wife of Latah county, and
judgment was given against them. The
Rauchs denied the acknowledgement
and execution of the mortgage and
asked that it be set aside as clouding
their title. Their testimony is quoted
in the decision of the supreme court to
show that Mrs. Rauchs acknowledge
ment was not taken or certified to by
a notary. The testimony of the hus-
band was to the effect that the certifi-
cate of the notary was attached with
out seeing Mrs. Rauch. With refer
ence to this statement the supreme
court says it is convinced beyond the
shadow of doubt that the statement
of the defendant, A. Rauch, as to the
manner of taking the acknowledgment
was correct and should obtain against
the certificate"
On the broad question of acknowl-
Judgements of married women, however,
the court says:
The intent and purpose of the stat
ute is to protect the rights of married
women from the dictation or domina-
ton of the marital companion. The
end sought by the law is not to enable
married women, either at the suggeS-
ton or dictation of their husbands, to
perpetrate fraud by seeking to avoid,
upon a mere technicality. what was, at
the time it was made, a fair and honest
transaction, the benefits of which have
been received or enjoyed either direct
ly or indirectly by the party seeking
to avoid it. The statute does not re-
quire a literal, but a substantial re-
quirement Herewith. If the certificate
shows the acknowledgement to have
been the free and voluntary act of the
wife, uninfluenced by fear of or duresS
by her husband, and that at the time
of making the Acknowledgement she
was fully advised of the character of
the instrument she was executing and
of the effect of her act, and such ac-
knowledgement was separate and apart
and without the hearing of her hus-
band, we think the exigency of the
law is fully met
This is the law in Idaho. Had the
notary taken Mrs. Rauch's acknowl-
edgement at all, the bank would have
secured the benefits of the mortgage.
The court will not, it says in effect,
permit technlcalltleS TO operate to de-
fraud creditors, and only when the
plain provisions of the law have been
violated will the mortgage in such
cases be set aside. There are hun
dreds of mortgages in this state in
which the acknowledgements, though
taken by a notary, are technically de-
fective. and under the decision of the
court in this case, as reported by the
state press, many have been led to be-
lieve such mortgages would be held to
be void The manner in which the
court, going somewhat out of its way
in the Rauch case, has defined the law,
should dispel all doubts on that score.
REX OSBORNE.