The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-07-04

Another Able Letter from MIR. Orr.
BANKRUPT EXEMPTIONS UNDER THE ACT
CONGRESS OF MARCH, 1913.

have recently seen in the state jOu1U0
a rcport or abstract of a decision rendered
by Judge Dick, of North Carolina, involving
the construction and validity of this act.
The paper not being at hand. my citation
must be from memory. and without that pre-
cision which is desirable.
The gtst of the decision is:
1. That Congress does not design to give
effect TO any State law as such, but merely
takes the provision for homestead exemption,
IN such act. aS the measure Of what eXemp-
tion the act of Congress itself will allow the
bankrupt in that State.
.. That one feature peculiar to the act OF
I'D of March, 1873. is, that while the act vi
1872 exempted the amount allowed by the
constitution and law of any State IN force
in the year 1871 the act of 1873 substitutes
the word "eXiSting" for the word :" in
force"
3. That the Judge sustains the act Of 10 lis
valid.
The Court therefore was Of opinion that
this exemption provision was an integral
part of the bankrupt law, made so Ivy direct
congressional enactment, as fully and for
mulIy as if there were in 1t u section direct.
ing that the bankrupt should be entitled &c
an GS6illIhiOH III uia VI rD,oob, II
MARYLAND of $500, in virginia of - 900, in
North Carolina of Sl.100, and so on to The
end of the list of States District, and Terri
tories.
This construction cannot he admitted; but
if we were to adopt the views of the Court
there are vet various grounds of objection
to the effect ascribcd to this act Of >I3, anc
ais to its Ualiditn
A. a. 80 r., ln RI. nI
AS referring to the State constitution and
laws solely as the measure of the pecuniary
/" amount" of the exemption to be allowed
the bankrupt, and not with regard to the
class of debtS and contracts against which
il is to be allowed, but little is left to be said
on that head. But il the reference he made
with the intent to ascertain and adopt the
State designation of the class Of debts barred
as well as the amount exempted, we may
reasonably Ibt whether the act of March,
1873, does itself really give any homestead
exemption against antecedent' debts, DC
A careful consideration of the whole bank
rupt law as it now stands justities Il belief
that by the acts Of Congress 1t was Intended
to adopt not only the amount but the classes
of debts named ain the constitution and
laws of each State respectively as existing
in the "year 1871
II this be so; if the bankrupt is to be
projected as to his exemption against no
debts save those designated in " laws " "eX-
isting" in 1871, it becomes important to
Inquire what claw" was "CyiStiny" in
1871. Let lis make that inquiry.
There is wide difference between an
"enactment "and claw
Can any enactment by legislative body,
destitute of any authority or power in law
to make such enactment, be called Il i" ld,c"!
Can such enactment be rightly said to be an
existing law: Has it any existence rs Il
law?
For cxamplc-Had the Legislature OF
Virginia in 1871. by the exercise of the
physical ability of its majorities TO utter the
word "aye." enacted in all due form that
the criminal process of the State justices and
courts should have the same force and effect
in the adjoining States as in Virginia, and
had directed that the sheritfs and other Of
ticers OF Virginia should execute the same
At any point in Maryland, West Virginia
Ohio, kentucky, Tennessee, and North
Carolina. not over one mile from the State
line, would that enactment. be claw
existing in 1917 Would it not be a Brutun
futmen-- Ltterd etpretereG nthtt? 1t would
be nothing more than "a paper" taking
that vitality which the Legislature had in
this matter no provocative capacity to impari
to it, but which is essentially necessary to
make il law.
"A municipal law is Il rule of civil con-
duet prescribed by the supreme poUer in
the State"- blackstone.
Nothing can be law " unless prescribed
by the power supreme in the subject mat
ter. 4 tortiori, nothing can be 4 law, OIL
exist us II law, which is peremptorily for
hidden by the supreme power.
The Court of Appeals Of Virginia in Tack
cit, &C., Us. Stone. - Grattan, and the Su
preme Court Of the United Slates in tue re-