The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1879-01-01
Qhe Sentiuel.
WEDNESDAY, JANUARY 1.
CREDITOR AND DEBTOR.


Whatever may be the conclusion arrived
at with regard to the tendency OF the times
to refer nearly all questions relating to bust
ness to congress or to state legislation, 1t is
nevertheless true that the people are de-
manding statutory limitations, prohibitions
and directions in matters of business
to an extent that must impress those
who have given the subject thoughtful
consideration that old things have passed
away and that under the new bushes TeItn'e
law Is the chief reliance of business men for
the adjustment OF all matters between credi-
tor and debtor. While hitherto the laws
have been resorted to for the adjustment OF
business matters, connected with which
we're questions involving doubts as to rights
and equities, the more modern idea Is to
descend to details, in which the law has
special prominence throughout. and as
q general thing bearing more heavily
on the debtor than the creditor class
Elsewhere in the Sentinel will be found an
article from the Columbia City Post, refer
ring especially to the attorney fee law,
against which complaint is made On account
of the injustice practiced under Its provi-
sIons. The probabilities are that when the
legislature convenes an effort viii be made
to repeal the law. Asthe matter now stands
the law is manifestly unjust in its opera
tions, since it permits charges for attorneys
fees disproportionate to the services rem
dered, and in this fact lies the chief cause for
complaint. There is no obscuring the fact
that the tendency of public opinion is
in the direction of legislation especially
designed to benefit the debtor class, and it
is quite probable that results may be such as
to justify the opposition OF the creditor class.
What is wanted Is fair dealing between
creditor and debtor, laws so manifestly wise
and equitable, so In harmony with the COM
mon sense view of business transactions as
to command the approval of all fair minded
men. Such legislation applied to the attor-
ney fee law, instead of repeating it, would
subject it to such amendments as debtors
could approve. By this proceeding an amount
as an attorney fee might be named for
the collection of a note. That no
prudent objection could be made
to it, for it requires no special effort to ar
rive at the conclusion that, if the borrower
compes the lender to seek the courts for the
collection of the debt, the lender should
not be subjected to expenses more than
equivalent to the interest, while on the
other hand, it is as msnifestly Cumbersome
to subject the borrower to costs which beal
upon their face unmistakable evidence OF
extortion-the result OF professional est
mate of services rendered.
We are not inclined to endorse the cr1ti
cisms of the Columbia City Post in its esti
mate OF the legal or medical pro
LESSONS, for, there may be mer
in those professions who wouIt
close their eyes to the equities of case, bu
as a general thing we are inclined to thu
opinion that they are as sensitive in matter.
Involving integrity and veracity as any othe
portion OF their fellow citizens. Neverthe
less the legislature will doubtless regard i
prudent, if the law is not repealed, to fix th'
amount to be charged as attorneys fees TO
the collection of notes within such limits a
fair minded debtors will approve. In thi
way there need be no further conflict. so ia
as the law in question is concerned, be
tween creditor and debtor. The law
however, is manifestiy a departur
Hoin JUSTICES prlEclpleS, WHICH snoulu gov
ern all questions of litigatlon-for if it b
right to permit one set of creditors to charg
attorneys fees in case of litigation, there i
no good reason, upon general principles
why all creditors should not enjoy tn
same privilege. 1t is questionable whethe
an obligation for borrowed money is a viii
more sacred than debt for dry goods o
groceries, wheat or corn, or, in fact, for an
other commodity which enters into bushes
transactions. The law, however, seems t
hsYe made distinction, and this fact vii
doubtless attract the attention of the legis
lature, and result in such an adjustment @
the matter as a proper regard for all inter
ests concerned demand