The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-02-18
JUDGMENT NOTES RAkED.
A Remarkable Opinion Delivered by
Judge Baer this Week-H0t De
nunciation of Attorneys
Commissions.


From the Bedford Gazette.
Probably one Of the most remarkable e
opinions ever filed in the courts of Bedford
county was the one rendered by Judge Baer
on Monday. Tie matter under considera-
tion was a motion in the case Of a Judgment
on record 70 strike of the waiver OF exempt
ion laws and inquisitioa and denial OF de
PENDANTS liability for attorneys commits
sions. Tae case itself was not of great i'm
portauce and was decided against the de-
feudantin few words. Bat Judge BAer took
advantage Of the opportunity to give his
views on Judgment notes in a most emphatic
manner. his remarks covering ten pages of
foolscap. Some extracts follow
Laws that sanction p5oso,afi5s waiver of
exemption and of inquisiricn and legalize
provisions for payment of attorneys com
missions by the debtor in judgment notes
used ia the every day business transactions
between men, whether that debtor be the
husband head of a family or widow, are Ut
terry indelensl bic IN the present high state Of
ciunzAtion- Il Is open to doubt at least
whether the opportunity afforded for undue
preference by the use Of judgment notes
does not render them undesirable in the
absence of a wise bankrupt Law. The ordi-
nary Judgment note is now in use in almost
every transaction, and very often for sums
as low as $ and il invariably contains the
clauses which the ,nasses stIgmatlze as the
neither garment clause" The clauses of
waiver and provisions for attorneys COM
mission il such notes cannot be put under
legal ban too soon. But / fear the time is
not yet When the greatness Of the state
comes 20 be measured by the number, virtue
industry and intelligence OF its citizens, we
may reasonably hope the laws viii be amend
ed. The laws in force in relation 70 the in
dustri0us bread winners and INDECENT debt
ors and their dependent families were doubt
less vel intended bat il is plain enough TO
any observer that any gUOa Intentions that
induced the avs have failed IN practise 70
produce good results.
The exemption law Of the state as now
constituted il. when consrasied with the ex-
enptiou laws Of every other state of this
Union, a verilablc blur on the fair fame of
Pennsylvania shame and repnOach that
Ought 10 De removed. Thongh the amount
ofths exemption Is but 500, even this. if il
proved au exemption in fact, would paIliate
the shame OF the state a little. But in prac-
tise il amounts to nothing in the way Of pro-
lection TO a helpless family. In nineteen Of
the states of TINS l uion there are constifu-
t50nal provisi0us sxempting property from
levy and sale for debt. Sixteen of the states
have homestead exemptions. and in all of
these such liberal exemptions exist as put
this great state 70 shame. Ask the thou
sand of young and able bodied men Who
dependent on manual labor for the bread
that is to support them and their families,
why they leave this state and you will soon
. ..fa at
least 3 reasonable prospect Of bettering their
condition and Of making it possible for
family 10 have pillow and bed and some
bread thar should be beyond the reach OF
the officer when adversely came
Under the act Of 1896, Judge Bler says,
there we're exempt from sale household
utensils 10 the extent Of $50 tools Of trades
men to the extent Of $50 all the wearing
apparel Of f4mily four beds aud bedding
z spinning wheel a stove and pipe aud fuel
for three months; COW, twohogs, six sheep
and food sufficient to keep such stock from
November I until May /; 200 pounds of
meat. % bushels Of potatoes and 10 bushels
ofgrain or the meal thereof; 10 pounds of
fax or the thread or linen made therefrom
all Bibles and school books. Under the act
Of 1916 some additional exemptions were
made. But the act Of lsI9 which is the law
now in force, only exempts property to the
value of $500, exclusive Of wearing apparel,
Bibles aud sehS9I hooks actually in use.
Continuing, Judge Baer says:
The legislative power may have intended
20 enlarge the exemption, but inadvertently
iegislated in the Interest Of the creditor and
TO the detTlment OF the debtor. not foresee-
ing the near approach of a time when values
would be 30 largely increased that $500
would not supply 0ue-haif of what was ex-
empt before, and possibly not foreseeins that
the right 10 waive the beuefit wonld be 50
enlarged by judicial construction as to take
away all the protection afforded by the pre-
vions laws ss then construed As viii be
seen. the act of 1919 now gives neither stove.
fuel bed or food. bu, instead gives the FAM
ilv Of the hard working man, when adversi-
~ comes. only a stone for pillow and
stone for bread. Yet fr1m the families Ofthe
industrial working classes are 10 come the
future population on which the greatness of
The state i to depend But for such families
the population Of the state would die cut in
time. for il seems TO be no longer respectable
IN high life To rear large families. and it is
known that the general death rate exceeds
the birth rate in high life. The poor nan is
occasionally deemed of some account no.
tabiy on election iays, and when 1t becomes
necessary for the masses. as privates. to bare
their bosomes to a foe assailing the homes Of
the people and the life Of the state.
Il viii not be denied that a more demoral-