Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-03-18

this respect exhibit the real condition of the

1
BY the provisions of chapter l2l of tn,
laws Of 1876 the law is amended so as I,
read-"When plaintiff brings divers snit
at the same term of y court against the sam,
party. which might have been Joined in on,
or dirides an accoHsf that aighf all har,
been sued for Ia one action and commence.
sHcressire SUITE spoa parts Of the same, ol
brings more than one suit on a joint and sew
eral contract he shall recover costs in onl,
one of them, and OF only one Of the iadg
menfs shall creation swn against the bod,
| Of the same defendant, unless the court after
notice to the defendant. and hearing. certifie.
| that there was good cause for commencing
them" That Law stands on the statute book
to-day, and under its provisions pray tell me
how the debtor can be put to the danger of
having large demands cut up into small
amounts of ten or fifteen dollars so that
execution will run against his body on each
do not think any man ever heard of a
debtor who would voluntarily cut up q large
debt into small ones for the sake of being
harrassed, and certainly there is no law to
compel him To do so. Had the writer of the
message studied the law OF the land more
attentively, he would not have fallen into
this error.
Up to the passage of the insolvent law OF
examination of the debtor before two or more
justices of the peace and quorum OF commits
sioners, in certain cases, and the cost of such
disclosure of the condition of his affairs fell
upon the debtor. II he made this disclos-
ure and took the oath he WAS relieved from
arrest in that case. But section - of the
insolvent law of 1873. was framed and in
tended TO obviatc any possible hardship to the
unfortunate debtor. In brief. the law pro
vides that any person owing debts less than
three hundred dollars may at any time go to
the register of probate, convey to him his
property which is not exempt from attach
ment-apd it will be- remembered that he
may hold Of exempted property, including a
homestead, to the value of ten or twelve
hundred dollars or more-make schedule
of his assets and the names of the parties
that he is owing. with their residences AS far
as the same are known to him. submit him
self to examination upon his business affairs
occurring since the debts accrued, before the
judge or some person appointed TO take the
disclosure and make oath in substance that he
has told the truth and given up his property
except that which is exempt, and has not
concealed it for his own benefit, and there
upon he shall be discharged from arrest upon
the debts he has disclosed. II he is under
arrest it is made the duty of the .iailor to take
him before the court for disclosure. And
now mark. if the debtors assets not exempt,
which are assigned are not sufficient to pay
the expenses of the examina.
ton, the cost shall be paid out Of the county
treasury. II he owes more than three hun
dred dollars he may take advantage of the in
solvent act, and after filing the petition he
is not liable to arrest. How then can debt
or be oppressed so that he is obliged to leave
Al. 1.s.~ \ II
sage? How can the change of the law
made last winter as to the jurisdiction of
justices Of the peace effect his flight? Is it
not right if a man gets in debt and takes from
another his property. that there should be
some way provided for the creditor to know
whether the debtor is poor. or whether he is
smuggling his property to cheat his creditor
out of his honest debt: Does il not often
happen that the creditor is poor and cannot
afford to lose his debt? How are your taxes
to be collected il there is no method provided
to enforce them: You may say what YOU
please, the creditor should have some rights
He should not be at the mercy of a dishonest
man to take his goods or his money, and then
snap his fingers in derision when the credi-
tor inquiries as to his ability to pay.
But further, I protest against the sugges.
tiOn that the sons of Maine who have become
the residents of newer States. belong to that
class of men who are 81 poor and improvi-
dent that they fee from their native soil to
avoid arrest for debt. declare that it is an
error and a calumnv upon the noble men and
women who to-day reflect honor upon their
native State. Impelled by a laudable ambi-
ton to make for themselves homes and for
tune in new country. to avail themselves OF
the advantages incident to the growth OF
MO Al.
promised by the virgin soils of the Northwest
and the Pacific slopes. whose marvellous
fertility seems well nigh inexhaustible to push
the great highways Of travel to new lands
and new resources-to build up vast cities
where before solitude held undisputed sway
to develop the great mineral wealth of the
western States and Territories. the men of
Maine have left home and kindred and to.
dav are winning honorable distinction in
every pursuit which promotes the glory and
prosperity Of the nation. Go where you " i'll
and you will find the sons and daughters oi
Maine. And YOU will find them respected
for their intelligence. temperance, integrity
and energy: honorcd and trusted and fore.
most in every great enterprise which tends
to advance the success and elevation of the
people with whom they have east their lot.
These people driven out by poverty, NJ,
sir, the men who go out from our midst are
amongst our most intelligent and enterpris-
ing citizens and not the poor and incompe-
tent. 1t is AS true now as it was eighteen
hundred years ago, that ''ye have the poor
always with you
Nor do ! believe that the people Of thi.
State will agree " ith the sentiments expressed
in this report. concerning the future dangers
TO be apprehended from the militia, and es-
pecially from the invitation which was ex-
tended to the militia Of the country to attend
the Inauguration Of that patriot and states
man, President Garfield. 1t is a part Of that
general line of argument extending all through
the report the tendency Of which is to SOW
the seeds Of distrust Of the party now in power
and to induce the belief that under its leader.
ship grave danger il to be apprebended in the
future. 1t is in the same general tone a. that
INDUCED in by the democratic leaders and
press until thev took distinguished
soldier as their candidate for the Presidency
call your attention to those passages where
allusiOn is made to ''strong government
and which assert that .our dangers are from
without" and speak Of wars Of succession. .
and the "Rubicon." II is said that ..in the
days Of the Roman Republic her legion. were
not permitted to approach the capital nor per.
mitted to cross the Rubicon. Caesar crossed
it and Rome fell" and further that '.if the
President elect has the instinct Of a patriot
he would decline the courtesy Of military
display proffered him upon the occasion 0i
his inauguration" The alIusion to history
"a