The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1879-12-11
"Abolish all Laws for the Collection Of
Debts"

pedantic lawyer had made the sage of
Chataqua a visit, expecting a high ap-
probation on his part of the honor con-
ferred. But instead the young mau was
treated very coolly, and after his rather
hurried exit he was asked his reason for
the rather contemptuous reception. He
answered he had no use for lawyers. He
was then asked how he would manage to
collect debts without lawyers. He re-
piled again with the expression at the
head of this article, "abolish all laws for
the collection of debts. A man that
was fool enough to part with his property
without value received, ought to lose it"
While we could not agree with the senti-
ment thus quantity expressed, we were
led to course of reflection on the costs
of litigation, and we very soon arrived at
this conclusion, that if the records of all
the Courts, from the Supreme Bench to
that of Trial Justice, in civil action, and
all the expenses were carefully collected,
for a series of years, that the amount
would overtop the debts collected. In
many isolated cases that I know Of, even
in the lower courts, where the amounts
involved are small and mean, on one sim
gle trial the costs of litigation would over
reach the amount involved, and if an
appeal were taken every step in that di-
rection only added more and more to the
pile of costs. And if we ascend to the
higher courts, the amounts being larger,
while the costs may not so readily reach
the same comparative amount in the
scale, yet they are sure to reach very
large pro rata of the amounts involved.
And in the courts of bankruptcy, where
the amounts involved are always large,
does anybody know of a single case where
the creditor received anything more
than pittance, or the debtor paid any
thing on his indebtedness? No matter if
the assets were nearly equal to the liabil-
itics, all the interest that creditor or
debtor had in suits involved we're gobbled
up in fees and costs ere the case was final
ly ended. With these facts known to all
of US, is it not strange that any sane man
would ever resort to the law for the col
lection of debts. And stranger still that
any business man should even desire and
strive after an extension of trade on the
credit system with such known difficult
ties in the way. And yet both PROPOSE
tions are being enacted every day before
our eyes with about the results indicated.
Perhaps if we examine little farther we
may find some of the why's and where
fores of this state of things. There is a
fascination in the two ideas of extensive
trade and huge profits that tempts many
a merchant into the quicksands of ire
trievable ruin. The two very things that
he is striving after so sedulously are the
very things that, naturally as night fol-
lows the day, overwhelms the debtor and
entails great loss upon the creditor.
Hence the extensive credits ventured
upon by the merchants, based upon the
uncertain results of single crop season,
is the prime cause of the present finan-
cial embarrassment of our country. The
remedy, then, and the only remedy, is a
gradual but positive change from the
credit to the cash system of trade. If
credit be extended at all, let it be with
such restrictions and at such reasonable
profits as will effectually bar all COM
plants on the score of exorbitant profits.
No doubt such change hastily done
would work great hardships in some
cases, but it would be of temporary
character, and the change once accom-
plished would place the farmers of An
dersou County in their proper position of
financial independence.
One or two illustrations in proof that
on business principles it is bad policy to
resort to the courts for the collection of
debts, and we have done. One of the
oldest and most successful firms in An
derson was never known to sue anybody,
and, stranger still, was hardly ever
known to advertise public dun for
money. The head of this firm has been
in business there for over thirty years,
and to-day is supposed to stand on as Sc
cure basis as others. There are many
other similar cases among merchants
there and elsewhere, for as class they
sympathize with the farmer more thor
oughly than any other. We will now
take the case of a farmer residing in the
upper part Of the County, who, by his
own unaided exertions, has risen from
comparative obscurity and poverty to
that of independence and influence. He
is now, and has been for years, a money
lender, aud has assisted more men in the
purchase of homes than most others. He
was hardly ever known to enter the door
of the courts for the collection of his
claims, but preferred to arrange the mat
ter with the parties themselves on the
best terms possible. Occasionally he has
met with serious losses, but has never be-
leved that the courts would to any ap-
preciable extent have prevented the
losses. Aggregating the whole of this
mans business, he is recognized by all as
one of our most successful business men
and farmers. We might enumerate an
other case of mechanic, living in the
same belt of country, whose history is
very similar to that of the farmer above
= 4. L.. s... 4l,o