The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-03-30
4 Proposal to Revive imprisonment
for Debt.

4 prominent feature of modern law reform
in this State and in England has been the
abolition of arrest and imprisonment for
debt, except in cases of actual fraud. Expe-
rcncc has demonstrated the wisdom OF the
change, and few lawyers can be found To
favor restoration Of the old system where
the new one has been tried. There are some
exceptions, however, as Is shown by a bill
introduced ia the Assembly 10y Mr. j. c. j.
LANGBEIN, whom We understand to be n
member Of the bar. This gentleman pro-
poses to the people Of the State Of New
York, not only that they shall revive inn
prisunmcnt for simple contract debts, but
that in doing So they shall make class dis
tinction which we think would prove most
odiuus.
The bill Is entitled An act for the further
protection of male employees in the city Of
New York. 1t refers only to judgments OH
tanned in this city for work, labor, or ser
vices performed by any male employee
whore the amount recovered Is not more
than thirty dollars. without reckoning costs.
The first section of the bill provides that no
property now exempt by law shall hereafter
hc exempt from levy or sale under an cxecu-
tion ISSUED upon such a judgment. The Sec
ond section provides that when an execution
against the property cf the debtor in such
cases is returned unsatislied. an execution
shall he issued against his person. under
which. in default of payment he may be- ar
rested and imprisoned in the county Jail ten
days.
In any broad and enlightened view the
legislation thus contemplated Is utterly in
dcfcnsible. II docs not supply any uced or
remedy any defect. 1t i fatty ropugnant
to the democratic principle If equality be-
fore the law. III the first place, look ut the
title AN act for the further protection Of
male employees Why male employees, we
should like to know Are men SO much
worse of than women in the city Of New
York that they have had to send Mr.. Lang
BEIN 10 Albany to protect them OF course,
the familiar cry of benefit 10 the working
men is heard in support of this measure
but II is widely misleading. Rich employers
would not De affected 10y the law, because, If
they did not pay the execution voluntarily,
their property would bo taken. But how
would it br with the employer Of limited
means. who, through misfortune. and with
out fault, owed thirty dollar each toa num-
her If his workmcn, ami had not money or
property enough To pay them all with. lie
j. the man who would have t. go 10 jail. Al
most every workingman IN this city hopes
at some time to have an establishment of his
own in which he may employ others; and
| when he Is asked to approve such law "a
this let him think OF its possible effect upon
his own future.
The reason generally given for oxcmptlng
certain property Of judgment debtors from
| Icy and sale upon execution. such as nccrs-
sary household furniture. wearing apparel
| the tools and implements Of mechanics, and
! professional Instruments and books, l. that
the community at large, including creditors,
is interested in having all its members, In
| GLIDING the debtor class. able TO maintain
themselves and carry on their business
avocations. 1t is impossible 10 soc why this
reason does not apply Ia the case Of one
who owes hut thirty dollars, ne we'll a. a.
! that Of a person who owes thirty thousand
! So much for the first section Of Mr.. LANG
BEN : lii. As to the second section, We
come back to the question whether the pco-
| pie want e. mpri9on honest men for thcir
actual inability To- pay simple contract debt
not involving any fraudy Are they disposed
! to restore the system they wisely abolished
more than forty years agoy There can b,
no doubt on this point. The measure is a.
much opposed to the popular will as it is &
the public interest, and if the Legislator,
represents either it cannot become u law
II ought to have been destroyed by the Ju.
/ dietary Committee Of the Assembly. who's,
/ action in this ease detract- greatly from the
credit due them for their adverse reports
/ generally during the present session.