The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-12-28

:, December %, 1918. AS we are about
to commence q new year-to ring out
the old, ring I'm the new-the mind ma
turally turns to- the past and the
future. Now the courts and the law
makers we rate as progressive and
look for the waning of non progres-
sive Bolrbonism. AS the 5servator Of
power and pelf Bourbohism gives to
him that hath and takes from that
hath not. It always seeks to control
the lawmakers and the courts, and on
several occasions it has controlled our
supreme court. Thus in recent case
from Grand Forks, as IT. appeared,
the purchaser Off section Of land paid
in cash 5000, and gave seventeen
promissory notes for seventeen equal
annual payments, with interest at six
per cent. He made default and i'm.
mediately the mortgage declared all
the notes due and foreclosed and bid
in the land for the full amount, with
interest and costs; and an attorneys
fee Of SAIL. Thenfin q suit for the use
OF the land during the year of redemp-
ton the foreclosing Shylock obtained
a judgment for 81 900, md strange to
say, the majority Of ouTiudges three
against two-sustaineht that kind of
procedure. 1863 ~ w. It was be-
fore the advent OF: Justice Bronson.
Hence we may never. do the like
again. Manifestly the foreclosure was
a Shylock procedure and it should
have been held, void>.. It was not made
fairly or in good faith to collect the
sum justly due on the mortgage, 1t
was made by one party. fol. the pur-
pose Of taking an unconscienable ad.
vantage of another and obtaining title
to his good land under the forms and
technicalities of the law. 1t was made
TO advance the rate sof interest from
six to nine per cent and to obtain a
bonus of SAIL named. as attorneys
fee. Now mortgage is a. mere lien
on property and it4does not entitle
the holder to possession OF the land
or to its rental value, either before
or after foreclosure, until the expira-
ton OF the year OF redemption. Such
is the express language of the statute
But when land is sold on a judgment
and execution, then. by statute, the
purchaser acquires all the right, title
and interest of the debtor and that in
cludes the right to rents and profits
of the land, and though there is no
such statute in regard to a foreclos'
ure sale. yet q majority OF the judges
hold that IT, is much the same as an
execution sale and at should be
ruled by the same statute. The sta
tute is a good specimen of true and
genuine Rourbonism which gives to
him that hath and takes from him that
hath not. Now, as we pray the Good
Lord to lead US not into temptation
why should we tempt any Shylock tc
make such q foreclosure and to in
crease his rate of interest from six to
nine per cent, and to get bonus OF
SAIL, or to get section Of land at
much less than its. value? s =.
Prior to July, 1915 foreclosure put
up the rate of interest from six to
twelve per cent Jpn the total debt, IN
terest and costs;;s and hat was q speci
men of grand Bourbonism. Ye oul
BOURBON friends do wonder why the
people have turned for relief to Town
leyism and why they discard and lei
out their Boufbon judges and law
makers. Howevers the reasons are
quite obvious andanow TOwnleys and
his friends ares firmly In the saddle
and for, a timeSats1east they may ride
as they will. The people do look fol
them to revers6.t the ways Of Bourbon
ism, to undo tlIss heavy burdens and
to let the oppressed 90 free-to lei
every man have hir chance to pur
IL 49,