The Kenosha telegraph and tribune. [volume] (Kenosha, Wis.) 1859-1860, 1860-01-12
Thursday Morning, Jan. IL, 1860.
Collection Laws.

How is it, that no one attempts to uphold our
laws for the collection of debts, and yet no move
ment is made for their abohtion2 Many of the
most able journals in the country, have discussed
the policy ofrepealing all laws for the collection
of debts; have declared their existence Of no
practicable value, but absolutely detrimental to
the business interests of the country. The ex-
perience Of the largest mercantile firms, and bust
ness men Of all descriptions, agree that more is
lost than saved by the collection laws. If the
newspaper press be an index of the public opin
ion Of the country, it would EN- there are but
few if any advocates for the continuance of our
present collection laws in any quarter. Still no
legislature Of any state, has yet ventured to
make the change apparently demanded by the
intelligent sentiment of the people. The aboli-
ton Of the law allowing Imprisonment for debt,
was regarded with great distrust by conservative
men, and law makers hesitatad long before tn =.
Ventured on so radical a change as its re-
templated. 1t was apprehended - &c .loHa
ere removed, debtors
bo obootod come defaulters, and creditors
oFi ou' Vi tnelr uueS Du' '"o "0oii'ion
,. imprisonment for debt, brought no such disas-
ter on the business of the country, as had been
predicted by the enemies of the reform. Many
will now recoect that when the homestead ex.
emption was proposed in Wisconsin, it was
strenuously opposed on the ground that it would
destroy credit. Every measure of reform has
always been met with distrust, and generally
with determined opposition.
How much of the extravagant Indebtedness
with which the country is now overwhel med,
has been induced by the present system of col
lection laws, it is impossible to calculate, but no
doubt large proportion of the credit given, has
been on the supposed availability of the law for
enforcing payment in case of necessity. But it
is not only question of pecuniary loss and gain
to the people, which the abolition of the collec-
ton laws present. That the present system Of
is fraught with immoralites, must be apparent to
all observant mon. Legal evasion in paying
debt, has too often come to be regarded as trait
of adroitness and skill, rather than as an exhibit
ton Of dishonesty. Base credit on the honor
and integrity Of men, make character the chief
business capital, and there would be a striving
for character, because there would be no bust
ness success without it. Men would then not
rely on the uncertainties of the law; get judg-
ment at great trouble and expense, and in the
end only find disappointment and loss, because
the debtor has no effects on which to levy.
Abolish the collection laws, and honest men
would be relieved from ruinous competition with
rogues. Merchants and tradesmen in almost
every community, are brought in competition
with dishonest dealers who owe, and nevar
intend to pay for the goods and wares they are
selling. If there was no law to collect debts the
man who did not pay his merchant mechanic
butcher or bakers bill, would be Stunned and
avoided unless he could show the best of reasons
for not paying. The forfeiture of his word
would be the forfeiture of his capital But as
the case now stands if payment can be cvaded
by some legal bubble, or by the laws delay, no
great blame if any, attaches to the debtor in the
public estimation The abolition of the collec
ton laws, is only question of time; come it
will. And when once adopted as the policy of
any state, there will be no more disposition to
60 back again to the present system, than there
is now to abolish the homestead and other ex.
emption laws, or return to the old system of i'm
prisonment for debt.