New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-25
IMPRISONMENT FOR DEBT.
LEGISLATIVE INVESTIGATION INTO THE
SUBJECT.

1s73-cyRCUusr.NCEs UNDER WHICH PERSONS
CAN BIZ IMPRISONED on CIVIL PROCEss-NOTE-
WORTHY CASES IN LUDLOW STREET JAIL
committee of the Legislature is soon to sit
II this city to investigate the facts OF the mprisonnent
for debt Of numerous persons who pettioned the gsa
ture In 1873 Inquiry reveals however, that thoy viii
discover that many Of the evils Of the old system have
been eradfcatod.
Formerly the system by which debtors were held by the
Sheriff the dre statements OF creditors TO be
practically system OF imprisonment for debt-a relic
OF barbary forbidden alike by tho laws and by every
feeling OF humanity. -Four years ago THB TRIBUNE
called attention to the enormity OF tho ofenses CON-
mted under this system gathering tho details OF suffer
ing and hardship by committing one OF is re-
porors by the regular process OF the laws 10 endure
the actual experience Of the prison for fortnight mo
immediate effect OF the exposures which followed was 10
render careful and exactng the judges who had
previously ordered commitments without examining tho
applications for orders OF arrest and for some months
the business Of the Sheriff and the lawyers In this d.
recon greatly curailed. Subsequently one OF tho
Judges OF tho Supreme Court Judge Barnard ordered
large number Of debtor prisoners in Ludlow Stree<
Jail to be brought before him. and many Of those whs
were malcIously held, who could not hope to pay
while confined, were released Still later many strx
ing facts illustrating the bad features OF the system were
presented Legislature The petition Of the debtor
prisoners in Ludlow Street Jail in 1873 sets forth the
then existing evils of the system very clearly 1t read
as follows
Your petitioners at the present time confined in Lud'
low street Jail in the City Of NewYork, having been
committed thereto civil processes having read WITH
pleasure and gratitude the resolutions offered by the hon
orabe Speaker of the House, calling on the Sheriff of the
County Of NewYOrk for full information relative TO such
the statement 40 called for must parte the defend
ants having no opportunity under saia resoulionS 10
your Judiciary Committee the injustice OF inc
charges very many If not most Of the suits upon which
persons ere ncarcerated here. $780,. T.. -
That the law for the imprisonment OF ueDCors IL ="
dertaking, In most worthless, together Win inc
affidavit Of any person. even on =" Information ana
citizen is ruthessy dragged from his family and home
opportunity OF being heard in his defense for many
months. thereby deprying him Of his constitutions
with his accuser. TART. 6. u. 8. c.
Your petitioners do not presume to your honorable
body the you should pursue III me premises rea
tive the entire abrogaton Of all laws having Tor her
respectfully urge upon your honorable body u.s. mat
you may take immediate steps to SO amend thc ptsen.
shall he made compulsory to have him brought, either
prior to within 4S hours after such arrest before
civil magistrate, have the facts examined to III oidci
that such defendant may have his constitutional rght OF
facing his and enjoy the same privilege ,ae
accorded q common criminal, OF examination DeioN
Imprisonment, and that also persons may not W oopi
PEELED to give excessive bail, or remain III prison ioi
weeks months, even in some cases years WITHOUT
hearing. ...,,
What we further respectfully solicit is that the law
shall be so further amended that persons having large
business interests in tins city, but residing across me
Hudson in Jersey City and its suburbs or over zoe os
line Connecticut, may not be treated As Aliens aug
upon the ipSe dirt Of creditor VINO may Ieol % So
BIZ thrown jail nonresidents OF TIE state nor tat
creditors may have citizens OF other states DOsnS no
this "a false allegation OF felony, by requslu0h rom
the Governor, aud when here the mInedate aDInoii
ment of the criminal charge without hearing take
place, and the substitution OF an order OF arrest ~
civil process be made satisfied that should your
honorable body deem it expedient To appoint com
mittee to visit the jail aud examine PerSon' ',S
be brought to light that would show that, IN majority
OF cases these arrests are made Tor the 0 M
losses incurred the ordinary course o. trade ana 0H
facts would be eliminated which would result IN such IN
mediate action as would tend TO either maeray acna
or entirely abolish this relic OF barbarisn we ve ne
execution OF the law but unequiyocaly condemn te 10
orous abuse Of its provisions by Inscriptions eeitos,
shyser" lawyers and Negligent or careless Judges WIG
rarely il ever give more than cursory examination OF
the papers upon which they grant orders Oh arrest
The Sheriff then called upon for report OF the con-
diton of the Jail the debtor prisoners held by him
therein and it Is upon the facts thus elected that The
| Committee of Investigation has been appointed
The question of the imprisonment OF persons on cvh
process has frequently been discussed in this State,
notably SO at the time of the passage of the statute TO
abolish Imprisonment for debt, &C.,, passed IN lS4S
Most IL not all OF the arrests in evil cases at present
| are made under Section 179 Of the New-fork Code
| of Procedure. BY this section the arrests VI
| defendant in a civil case can be made IN
| various ways under certain circumstances. Thur
the arrest may be for injuries person character ft
the abuse of hduciary relations for fraud in contracting
debt attempted c0nceament or removal oil person OF
property avoid payment OF just debts or where the Dc
PENDANT is nonresident &c In all these cases eI pGre
alayits are made behalf OF the plaintiff setting forth
the facts of the case II the judge Deloe WI9n tne dis
dayt are brought deems them sufficient he signs the or
der The sheriff or marshal makes the arrest
The most noteworthy improvement in this respect WAS
amendment to the Code enacted few years ago. pro-
yidng that OF arrest the person arrested saH
have reasonable opportunity to procure pan Deoro
being committed TO prison, no matter at what h1ur
OF , 1e d hgfo Sr otanns his order of arrest must
give bond, with sufficient suiees, to the enect
Which may be recovered against the pamtia by the de-
PENDANT on account OF the arrest ana imPspn,rhs
released. Arrests also made ON the Judgment o
v9yment of fines or dues The persons arrested such
eases are detained in prison for thirty days. or unt toy
S tTv DAYS they are discharged whether they
paid the debt or not In certain cases, aSo' ar lus
ment against defendant he may be arrested where no
has disposed of his property To avoid payins tue Jdg
ment and in certain other cases similar TO those III "heh
order of arrest could have been obtained o., or ,
At the present time 40 persons are confined on civn
process in Ludlow Street Jail Their terms o inrson.
ment vary day to five years Some OF the more
noteworthy cases are APPENDED. ,.-
Samuel 0ppenheimer has been confined for longer
period in tue jail Than any one now thcre' d ~
committed to custody in 1870 HIS Dali was n1eu ~
e. and o i case He % gas s M
orders OF arrest executions, and one nt
Judgment rendered in the three eases the CLAIMS
oeing for fraud in contracting the debt IA.
Thomas Larkn, who was sued for consprins Win
dies in Jersey City arrested and brought to the jan
on Jan. B. ls74 lie has since been confined but the
iaier received instructions from the panus attorney
yesterday 10 re ease his prisoner II he saw fit.
Morris beaumont arrested and brought 10 the JAN
on May 2I 1874, order of arrest from the Marine
Court, the bail being only 500. -. $500
William Hartman incarcerated on Jan - 1879,
on five orders arrest the bail i'll the case being @lOo
which he unable to procure
Aaron Jacobs on Jan. ~, 1875, adjudged. in tho
SUPERIOR Court, be guilty OF contempt OF court and
WAS sentenced to 80 days imprisonment and ordered 10
nav tine of S247O 81 He served tho time OF the I'M
prisonment and has since been held on account of ms
inability To pay the fine -, $500 =.
H. Lansburg locked up on Jan 81 1871 on tive
ordQ nj "a
Daniel StrattOn charged with being concerned III some
fraudulent real estate transactions, was alrcstcd On fes
IL 1873, his bail being fixed at $4,000