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The advocate. [volume] (Topeka, Kan.) 1894-1897, May 27, 1896, Image 9

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85032018/1896-05-27/ed-1/seq-9/

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(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
'"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
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
"Second That he sold or aided in the
sale of bonds at less than their market
"Third That he directed the misap
propriation of the proceeds of said bond
"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
"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
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
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
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 . . ... . ,
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
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.

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