Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1878-04-26

different SECTIONS of the country should
differ about the necessities of the law.
Its provisions must be uniform thro'-
out all the States; and whatever diff
erence there may be in the business
customs, wants or necessities OF diff
erent States, the law which applies to
all their varied wants. must he the
same. Now, one State may be so
situated in respect to its local laws, or
the financial situation of its people as
TO really require the continuance of
the bankrupt law, while another would
be so situated as to be cursed by its
continuance. This consideration
shows the wisdom of States instruct
ing their Representatives and Sena-
tors on the subject as ours did substi-
tuting an insolvent law, to be exeCu--
ed at home, or in the vicinity Of the
debtor.
The principal trouble with the OPP
GRAFTON OF the bankrupt law in our
State, has been that the parties inter-
ested. from the nature of their situa-
ton have had no opportunity to be
heard. A meeting of the creditors is
called, and each creditor proves his
claim. He does not interfere with
the proof his neighbor is making.
He knows nothing in reference TO his
claim. The hearings, other than the
preliminary ones, are, perhaps, hum
lrcds of miles away, and AZ a time
when the creditors know nothing Of
them. They have, it is true, ICON
structive" notice, which amounts, gen
orally, to as much as it did i'll ancient
times to hang the decree 50 high thai
the common people could not rea(
them. And so the bankrupt goe!
through, with no one particularly in
terested to see that his schedules con
tain his whole assets, or that he is no
In league with one half of his credito.1
he not caring how much they get. i
he can but escape tue rest Of them
No one looks after any individual
rights, and il poor creditor under
takes to inquire into the proceedings
he finds it sufficiently expensive II
serve as warning to him and to 9th
ers. SO it has come to that, tina
creditors 60 quietly in, prove thei
claims, and no matter what thei
views may be Of the proceedings
wait patiently-even in view of til
bankrupt living in style-until tn
) dividend Is paid and if it exceed
the amount paid for the proof of Oh
claim, thank fortune that they &C
that back. Now this does not neces
arily grow out of any want of intes
rity in the executors Of the law, bu
from the fact that it is so ill-adapte
to the wants Of some localities 6
least.
Whatever The cause is, the facts al
that all honest men come out OF
bankrupt proceeding thoroughly dis
gusted, and with the forced convictio
that their interests have been depri,
ed of that care and fidelity, which,
they had had opportunity they woul
have received. Each man sees h
interests transported away frol
his reach and observation; and
some manner, mysterious TO him, di
posed of.
,, So far as we can observe, men al
turning from this state of things
: our domestic courts Of insolvenC
where they will find, if not the far Q
mysterious benefits of the bankruE
I Court, at least an opportunity to
) heard on any matter wherein the
5 think themselves wronged and wht
if they yield less dividend than Il
, bankrupt law has, ought also to |
| abolished as evils much greater tha
! those sought to be remedied.