Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1858-07-23
The disadvantages ofour Say Laws-An
Extra Session OF the Legislature for
their repeal demanded.

Some time since We referred to the
character of our laws for the collection
of debts, and expressed an opinion that
although, for the time, they might
save parties of real responsibility from
bankruptcy, yet they would in the end
operate to the disadvantage of all, and
ruin the credit of the citizens of the
State. BY the laws of the State as
they now stand mo debt, upon which it
is necessary to bring suit in the Dis
tIict Court, can be collected under a
year, and in many instances, under
two or three years.
The legislature of the State at it's
last session, enacted a law providing
that at the term Of the District Court
ut which process should be made re-
%turnable, should be only an appearance
term at which, in casc an answer was
filed, no judgment should be rendered;
but that the case as a matter of right
should stand continued until the next
Term. This, while our Judicial Dis
trict comprised but three counties, crc-
atcd a delay of about four months ;
but under It's present organization, the
district being composed Of four coun-
ties, the delay will necessarily be at
hoSt five or six months, before any
Judgment can be obtained upon the
simplest clam upon a Promlssory note.
i, after this delay of FIVE or six months,
the attorneys should be sufficiently for
tunate to reach their case, and procure
a judgmcnt-which under the present
crowded state of our docket is most
lmprobablc-another delay of three
months, under the STAY laws passed at a
previous session, will be occasloned.-
And at the end of this nine MONTHS
which is the shortest time in which an
execution can be procured,-the sheriff
has, in addition, the space of seventy
days in which to levy and return the
execution, thus making it almost an
lmposslblllty to collect a debt in this
State uudcrd gear.
Next to a sound currency, no one
thing, adds so much to the credit of a
State, as laws providing for the
prompt collection of debts. If a mer-
can failing to meet his Indebtedness
promptly, is liable to be closed up at
once, he will be induced to make great
er efforts to meet his paper, and by
his promptness will increase Lis credit
aud facilities for the purchase of goods
and, in addition, will be enabled to
procure them at lower rates, as all
losses by imperfect collection laws and
the expenses of the employment of
Of Attorneys, are invariatly.added to
the profits CHARGED by Eastern dealers.
We desire to cast no imputation up
on the last republican legislature by
which the present unfortunate state of
things was brought about. Their in
tentlons were doubtless good and their
only desire in the enactment Of the law
providing for an appearance term, was
to prevent the sacrifice of the property
of the citizens of this State but expo
ricncc has proven that more harm than
advantage, has resulted from the law,
to the merchants, for whose benefit it
was enacted. The nature of our laws
IS understood throughout the country
ana paragraphs like that which We
nave placed at the head of our article.
have been floating about among the
papers ct the East for some months.
The result has been, and will vet be
felt to a greater degree, that the deal
ers in the East will be unwilling to soil
to the merchants of our State upon
credit, except in cases where, as the
Peoria Transcript remarks, "the debt
or Is personally known to be honest"
The effect may not as yet have become
generally evident but unless a change
Is speedily made, the facilities hereto
fore possessed by our merchants for the
purchase Of goods on credit, will be
destroyed. Eastern Dealers will not
sell to the citizens of a State where
besides being in danger, by the DELAYS
OF the law, of losing the Indebtedness.
they would-if they eventually succeed.
ed in collecting it-be obliged to nav
out their entire profits in expenses and
Attorneys fees.
The only plan to save the credit o.
our merchants IS the repeal of tn,
stay laws and the law creating the zap
. pearance term'-and we call upon tn,
Governor, to convene en- extra se,sio,
Of the Legislature for thia purpose.
VIII oaf contemporaries withou,
Dsrte disISact;on 3nin - = IA I'M