Newspaper Page Text
THE ADVOCATE. 9 AGAINST THE LAW. (Continued Jrvm page 1.) tion which would seek to substitute a right to sell the premises subject to an estate or right of possession in the debtor or his alienees for eighteen months? "Martha Barnitz held Kirtland's notes secured by a mortgage. Of course, un der the contract thus created, she had a right to resort to other property of the debtor to make up for any deficiency remaining after the sale oi the real estate mortgaged. As the law stood at the time the contract was made, if Kirtland, either by purchase at the sale or by subsequent transactions, became the owner of the real estate, Mrs. Barnitz had a legal right to again levy thereon and subject it to the payment of the remnant of her debt. But this law, as we have seen", in express terms declares that this real estate shall not again be liable for sale for any balance due upon the judgment or decree under which the same is 6old. This cannot be held to mean merely that the land is sold free from existing liens, for such would be the legal effect of the sale at any rate. It plainly means that the balanoe of the debt shall not be made out of the lands, even if and when they became -the prop erty of the debtor. Nor can it be said that such a question is not now before us. What we are now considering ia, wneiner lue change oi remedy was detrimental to such a degree as to amount to an impairment of the plaintiff's right aDd, as this record discloses that the sale left a portion of the plaintiffs judgment unpaid, it may be fairly argued that this provision of the act does not deprive the plaintiff of a right inherent in her contract. When we are asked to put this case within the rule of those cases in which we have held that it is competent for the States to change the form of the remedy, or to modify it other wise, as they may see fit, provided no substantial right secured by the contract is thereby impaired, we are bound to con sider the entire scheme of the new stat ute, and to have regard to its probable effect on the rights of the parties. "It is contended that the right to re deem granted by the new statute only operates on the purchaser and not on the mortgagee as such. This very ar gument was foreseen and disposed of in Bronson vs. Kinzie, where the court said: '"It (the new act) declares that al though the mortgaged premises should be sold under the decree, yet that the equitable estate of the mortgagor shall not be extinguished, but shall continue for twelve months after the sale; and it moreover gives a new and like estate to the judgment creditors to continue for fifteen months. If such rights may be added to the original contract by sub sequent legislation, it would be difficult to say at what point they must stop. An equitable estate in the premises may, in like manner, be conferred upon others; and the right to redeem may be so prolonged as to deprive the mortgagee of the benefit of his security by render ing the property unsalable for anything like its value. This law gives to the mortgagor and to the judgment cred itors (meaning creditors other than the mortgagee) an equitable estate in the premises, which neither of them would have been entitled to under the original contract; and these new interests are di rectly and materially in conflict with those which the mortgagee acquired when the mortgage was made. Any such modification of a contract by sub sequent legislation, against the consent of one of the parties, unquestionably im-! pairs its obligations, and is prohibited by the constitution.' "The judgment of the Supreme court of Kansas Is reversed and the cause re manded to that court with directions to proceed therein in accordance with this opinion. To Impeach Cleveland. In the House Saturday Congressman Howard (Pop.) of Alabama rose in his place after the reading of the Journal and introduced a resolution impeaching President Cleveland. The resolution was as follows: "I do impeach Grover Cleveland, Pres ident of the United States, of the high crimes and misdemeanors on the follow ing grounds: "First That he has sold.or directed the sales, of bonds without authority of law. "Second That he sold or aided in the sale of bonds at less than their market value. "Third That he directed the misap propriation of the proceeds of said bond sales. "Fourth That he directed the Secre tary of trie Treasury to disregard the law which makes United States notes and treasury notes redeemable in coin. Fifth That he has ignored and re fused to have enforced the 'anti-trust law.' "Sixth That he has sent United States troops into the State of Illinois without authority of law and in violation of the constitution. "Seventh That he has corrupted pol itics through the interference of federal office holders. "Eighth That he has used the ap pointing power to influence legislation detrimental to the welfare of the people; therefore, be it "Resolced, By the House of Represen tatives, that the Committee on J udiciary be directed to ascertain whether these charges are true, and if so to report to the House such action by impeachment or otherwise, as shall be proper in the premises and said committee shall have authority to send for persons and pa pers. Mr. Howard endeavored to make a Bpeech on the resolution, but he was prevented by a motian made by Mr. Dingley, the Republican leader. This motion was unanimously adopted. It is evident that the Republicans do not care to call Mr. Cleveland to account for the many things which they charge against him. How Dodd Was Killed. In a recent iasue the death of J. I. Dodd of Jewell county In the Topeka asylum was reported. It seems very hard to get at the facts in this case, as the attendants and employes are taught that it Is their business to know noth ing. Five days before the death of Dodd, Dr. Duncanson, Xenia, Kas., was declared cured and ready for dis charge. He was formally discharged eleven days after Dodd's death. He has written a long letter to the Man- kato Adcoeate in which he details the brutal incidents in connection with the death of Dodd. The ward in which these two men were confined was in charge of Attendants Flint and Cludas. Duncanson in speaking of the incident says that Flint repeatedly knocked Dodd down, choked him and other wise abused him because Dodd would not be qnlet and keep away from the door. When Flint would throw him dowi, he would jump on him and his entire weight would land on the man's chest. Finally Dodd got so weak that he could not get up nor even raise his binds, then Flint dragged him into room 18 and closed the door. Duncan- son reports that he heard noises inside as if a struggle was going on and then heard three heavy blows.whlch sounded like kicks on a man's ribs. This was followed by a groan of agony, after which all was very quiet. Dodd never came out of room 18 alive. County Attorney Sutherland of Jewell county was in Topeka last week endeavoring to take some action calculated to bring this brutal attendant to justice, but County Attorney Safford of Shawnee county refused to assist in the prosecu tion, Governor Morrill refused to in vestigate the matter and Superintend ent Eastman neglects to take any steps to require humane treatment of these patients. This is the second case of the kind in the past year that has come to the knowledge of the public, and it is certainly time that some steps were being taken to insure humane treat ment for the poor unfortunates con fined in the Topeka Insane Asylum. Fire at the Penitentiary. A fire broke out in the coal sheds at the Kansas Penitentiary at Lansing early on the morning of May 14. It waa caused by the accumulation of coal dust under the screens. This dust exploded and set fire to the shed?. Other buildings caught lire and the total damage done will nearly 315,000. The fire was due to inexcusable carelessness. No man who is in the habit of handling quan tities of coal can help but know that spontaneous combustion is Inevitable in a very short time in large accumu lations of coal dust. A careful man agement would have seen to it that this dust was promptly disposed of. The failure to do so resulted in this heavy loss to the State. The disposition of the Republican press is well exhibited in the manner in which this matter has been sup pressed. No Republican paper has contained a line in reference to it ex cept the Leavenworth Times which published a short item a few days after the fire in which certain officers were commended for their efforts in pre venting the Penitentiary fire from doing even greater damage. This item doubtless escaped the notice of the ed itor and it is not likely that it was printed intentionally. It is the legitimate province of news papers to print the news. A paper owes it to its readers to print all news DOINGS IN CONGRESS. The House spent a large portion of last week debating Immigatlon bills. The Senate has agreed to the item of $50,000 for irrigation in Kansas and $175,000 for the topographical survey. Blue, Curtis and Broderick voted for the bill giving Congressmen's clerks full pay, whether Congress ia in session or not. Every Populist voted against the steal. Senator Allen moved an amendment to a pending bill providing for a tax of $1 per barrel on all beer manufactured in this country. On motion of John Sherman the amendment was tabled. The bill appropriating limited amounts for private charities In the District of Columbia passed the Sen ate. Senators Allen, Kyle and Stewart voted for and Senator Peffer against it. Senator Dubois has introduced a resolution providing that no govern ment bond shall be issued until the President shall have communicated to Congress, in a message, the facts show ing the necessity for such issue and un til Congre8 shall authorize it. A bill is being considered by the House which rrovides for a Depart ment of Commerce, to be presided over by the Secretary of Commerce, who will be a member of the President's Cabinet. All matters relating to com mercial affairs would be Intrusted to this department. The House passed the Bartholdt im migration bill, which adds to the pres ent restrictions a clause forbidding the admission of foreigners who can not both read and write the English or some other language. An amend ment prohibits laborers from crossing the borders into this country year after year to work in this country with no intention of becoming citizens. A sub-committee of the Senate Com mittee on Finance has been appointed to conduct the investigation provided for in Senator Feller's resolution. It consists of Senators Harris (Tenn.), Vest (Mo.), Walthall (Miss.), Piatt (Conn.) and Jones (Nev.). The first three are Democrats, the fourth is a Republican and the last named is a Populist. It is not stated when the Inquiry will begin. The New York World gives figures . ki , v.a m 'i.n. showing the trade of coast cities dur- m which the reader will probably be ' . . , , - -f l"The annual increase of the export ict that the destruction of I . . ... . , lnterested. right to expect public property which he has paid taxes to construct will be reported in the news columns of the press. In the matter of the $15,000 fire at the State Penitentiary May 14, the Repub lican press of Kansas has willfully and for partisan political purposes sup pressed the publication of news In which every taxpayer of Kansas is in terested. 000, comparing 1895 with 1880. But insignificant as such an increase seems in the light of the growth of this coun try during the last fifteen years, it is significant in being the only increase shown for the same period by any one of the principal cities of the Atlantic and Gulf coasts. The exports for New York amounted to $392,500,000 in 1880, to $319,051,000 in 1890, and to $325, 580,000 In 1893. The showing for Phil adelphia is still worse, for exports from that port fell from $19,&i9,000 in 1880 to $37,410,000 in 1890 and to $35, 033,000 in 1895. Baltimore fell from $78,253,000 In 1880 to $73,253,000 In 1890 The State Superintendent of Insur ance for New lork, in his twenty seventh annual report just issued, shows: "The gross assets of life in surance companies doing business in this State on December 31 last were $1,1 42,4 19,925, an increase of $80,088,- and to $61,9:18,000 In 1895; Charleston 243 as compared with the previous from $19,591,000 In 18S0 to $13,783,000 year, ur this amount New lorx in 1890 and to $10,712,000 in 1895: State companies have $089,420,488, an Mobile from $7,188,000 in 1890 to increase of $53,008,835; companies of $5,173,000 in 1895, and New Orleans other States, $152,999,437, an Increase from $90,442,000 in 1880 to $68,432,000 of $33,019,408." I m ISOS." Do you want State and National do- Do you want to talk Populism to lltlcal news, good Populist doctrine . your redeemer neighbor? The Advo and a good, clean newspaper? Send cate will round him up once a week 25 cent to the Advoc ate if you do. until election for 25 cents.