Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1877-06-23
LIE MINING JOURNAL.
FRosTBURG, MD, JUNE %, 1877.
Observation-Disclosures and Ohio
railroad stock. Resurgana.

S'ssSN>S
in this community has given rise to
much discussion of the merits of the
Attachment Law of Maryland, passed
by the Legislature of 1874. The
strinsency of the times has impelled
the former class to resort to extraor-
binary means for the collection of
debts--to the extent of an evasion of
the Maryland statute and the employ
ment of an alien law of sister State.
To this our debtors have responded
either by SUBMISSION or by the lawful
means at command to resist the pro-
cesses. This state Of affairs has led to
costs necessarily exorbitant, particu-
larly to the debtor class. The par
ties profting most by the transaction
are the West Virginia magistrate and
constable, and the Maryland lawyer,
who recover the claims thus prose-
cuted. Much complaint has therefore
been lodged against these proce-
dures by those most affected, and
sentiment that they have been op-
pressed is extant inthe popular mind
1t shouldbe remembered, however,
that much fnot all this alleged oppress-
ion has been courted in the manner
with which merchants bills have been
received. When bust ness man be-
comes convinced he cannot recover
dues without legal process, he is gen
orally not slow to avail himself Of
that resort; when he finds, moreover.
he cannot recover under the laws of
his own State, he will naturally &C.
cept the relief provided by the stat
tutes of a neighboring State, regardless
Of the expense entailed upon the
party who will not otherwise pay.
He considers that persistent failure
topay or satisfactorily arrange indebt-
edness cuts the debtor off from elem
ency and consideration. He takes up
the gauntlet the daring debtor throws
down-"make tiff you can; if you get
it before l do, let me know and is
surprised to 6u1 that his ng waltings,
peaceable appeals, enforced litigation,
and delayed success, are tortured into
parts of steadfast and triumphant
system of oppression.
1t should not be forgotten either
that the issue thus forced upon the
creditors was never sought by them.
The law was the answer of a petition
exclusively Of buyers and consumers.
Its passage was the signal Of alarm,
and steps were at once taken toward
abolition of credit as system. Peo-
pie erewhile enjoying a carte blanche
at our stores, were gradually cut off
because they had been made legally
irresponsible for one hundred dollars
and less. The honest in very many
cases suffered with the dishonest. As
trade grew slack the reins frightened,
because the temptation to seek exemp-
ton was augmented. And the con-
duct of some verified the worst ap-
prehensions Of the merchants.
Now, all this has been source of
great solicitude to the tradesmen.
They were indu+gent as long as it was
safe. They easily concluded that if
there is virtue in attempts to gain
the advantage Of exemption clauses
to escape just debts, there is a good
deal of merit in any means which pre-
vents the fraud, or taxes it SO heavily
that it will not invite repetition.
1t turns out now, however, that
their practice in this regard is not
legal, as decided by the Court of APP
peals this week. Still, this leaves the
exemption clause no better than be-
fore, and there are other recourses of
evasion by which the debtor will be
compelled to liquidate his obligations
and at heavy costs.
AS to the propriety of doing this at
certain times, that is entirely another
and outside question. If the credi-
tor chooses to take the last cent he
cannot be made odious in a leoal
sense; if the consequences entailed
are distressing the part of each party
Is extremel y unfortunate the oppres-
sor may then be held up to public
reprobation, and the oppressed to
popular sympathy.
An impartial condition of the two
sides land euOry question has two
sldes) leads to the conclusion that
the law is not good one. Enacted
with good lntents, no doubt-for