Omaha daily bee., 1888-02-17

chaos. do not know how this can. be
done except by our representatives In
congress 10 show their Capacity to deal
intelligently with the question. It
seems to INC sense OF its responsibility
would impel congress to furnish the
proper and much needed relief by pro-
nouncing In favor Of an act OF uniform
bankruptcy-a measure which any fair
minded merchant could prepare; one
which would meet the exigencies OF
trade all over the country-a measure
which is simple, just and reasonable,
but wise and judicious, in its terms.
Such law, which shall make an end to
our troubles, establish the unbreakable
order OF our prosperity, and protect us
from further calamity, should be in
scribed on the national statute book. It
is a necessity OF the first Importance. 1t
Is for the good Of this commonwealth
from one end to the other.
Interests, great and powerful, and the
material prosperity OF the country will
be subserved thereby. 1t is wise legis-
would confer might be much priced.
Its influences, certainly would be widely
extended. Under it justice might be
meted out to both debtor and creditor.
Many judges and courts might be dis
pensed with-complicated and tedious
litigation would be prevented and rem
dered impossi ible-piles upon piles of
law-books on subjects relating to insol-
vents, frauds, contracts, assignments,
sales, partnerships, etc, etc., would be
consigned to obscurity. Such an enact
ment by congress is not opposed to, and
is within the grant OF grant Of powers
human wisdom-the constitution.
Everywhere in all this broad land diff
ferences Of opinion as to its true theory
and its proper construction in some
points existed from its very creation;
and while admit the principle of local
self-government is vital to our institu-
tions, by fair construction of the con-
stitution, the rights of the several
stares will not be interfered with.
Commerce comprehends all that is in
cluded in commercial intercourse be-
tween states in all it's branches; and
this is the commerce of q state which
control the ordinary trade, the buying,
selling, the making Of conveyances and
contracts, confined to one state exclu-
sively. 1t has no power to control trans
actions between citizens OF the same COM
munity, but may prescribe rules and
regulations for carrying on commercial
intercourse between citizens of one state
and those of other states, or wherever
it is not exclusively limited to a single
state. These powers were intrusted to
congress for the welfare of the nation
and its people.
It has been held that the state may
make and enforce insolvent laws in the
absence OF national bankrupt law, and
| under these may discharge debtors
from further liability on their contracts
on such conditions as shall be reason
able; but such laws can only be applied
| to contracts subsequently made within
| the state, and between residents thereof.
But unquestionably there is an under
current Of hostility to any legislation on
the subject whichiit is impossible to ex-
| plain. American statesmen certainly
take narrow view of national needs
and duties. 1t is to be hoped, however,
| that intelligent relief in the direction
| hausted and that such action may be
taken by those interested to induce our
lawmakers, in spite of the many obstruc-
tionists in both hOusas OF congress, to
agree upon a code not to be miscon-
strued or evaded, a code which, if it be
imperfect, might be amended or cured;
a code to meet the requirements of our
enlarged experience-one code can be
modified, if necessary, better than
scores Of statutes-to make that code
simple and plain-but to make it.
The business man in the great mer-
camille centers, especially he who has
charge of the credits, said to have in
view but one great end, one masterful
ambition, swallowing up all time and all
energy alike in his lustful greed, much
misunderstood to worship only at the
shrine of Ma;nmon, is not bent upon all
| conceivable methods Of gain, is not de-
voting all his strength, all capabilities,
except for the purest, the most legiti-
mate methods. He has grown within
himself the life-soil OF sacrifice, self
denial and some of the noblest virtues;
he must suffer in more than one respe ct
from a misrepresentation OF the analogy
between the laws and constitutions of
the different states; in his conscien-
tious efforts for the success of his firm,
his only safeguard seems to be, to stay
awake all night, that he, like the early
bird Of old, may catch the worm: ever
apprehensive of the dangers that
threaten his house, he does not, cannot
leave his post for moment. But with
national bankrupt law, under which
the just claim of one creditor is put up
on a par with the just claim of another,
some blessed rest from his labors, time
to devote to something more than the
literature OF business.
We call ourselves the best governed,
the most productive country under the
sun and perhaps not far behind other
great nations in enterprise, in the mat
ter Of internal Improvements and many
other respects.
Our statesmen undertake to legis-
late upon matters which they consider
vast projects, for the universal welfare.
The improvement Of navigable rivers,
cutting Of new waterways, digging an
isthmian canal, building trans-cOnti-
mental railroads-what to do with the
hundreds OF millions OF dollars collected
each year by the government, beyond
its necessities-our prepOsterous navy
and wretchedly inadequate coast de-
fenses, may all be subjects for consider
alton. But are the views and opinions
on this measure which entertain and
which have strenuously endeavored to
impress upon the legislation OF the
country also to be cOnsideredp
Are the needs Of the commercial COM
munity to be ignoredp
We cannot persuade ourselves to be-
lieve in such a misfortune. Like the