The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1893-11-04
BANKRUPT Law NEEDED.
1t Will Promote the Interest Of the
Whole Country.
Speech of Hon. Nelson Dinglcy on the
PendingiBill.
/. [From the Congressional Record.l

gentleman from IeXaS (IMr. Cui poroeohj
who has just taken his seat l regreS
have marred so able speech by an APP
peal, at its close, to partisan prejudice
The question that is before us is purely.
business question. There is not in it
appropriately single element of parti-
sanshfp, OF any principle which divides
men on party lines.
I had not intended until this afternoon
to say anything upon this question, pre-
ferring to leave the discussion to the
able gentlemen, members of the bar,
memb ers of the Judiciary Committee,
and others who have had practical ex-
perience in administering bankruptcy
laws.
While agree with some Of the criti-
cisms OF the details OF the bill before us,
which have been made by my friend
from Texas (Mr. Culbertson) I must take
this opportunity to dissent from SO
much Of his speech as is directed against
any bankruptcy legislation.
/ do not agree with all that is IN the
bill before us. propose at later stage
of these proceedings::whe the bill is con-
sidered in committee for amendment, to
indicate some of the features to which |
object, and to endeavor to have modi-
fication of them.
In view of my judgment of the wisdom
and even the necessity Of some bankrupt
CIV legislation, propose to vote for this
measure in the shape in which it shall
be when it shall emerge from the Com
mittee of the Whole in the hope, I may
say in the expectation, that when it shall
also have been adjusted in conference,
we shall have measure which can
heartily support and which believe will
be in the interest of the whole country.
I do not propose, therefore, at this time
to discuss the details of this measure ),
but simply to briefly indicate some
reasons why it seems to me this Congress
should take affirmative action with re-
spect to bankruptcy legislation.
And first, Mr.. Chairman, it must be
agreed that the framework Of our govern
ment coutemplates national bankruptcy
legislation. The trainers Of our govern
ment, in constructing that great instru-
ment, the Constitution of the United
States, in drawing the line of demarcation
between the State and national power,
intrusted bankruptcy legislation to the
Congress of the United States, and with
held it from the legislatures OF the sew
eral States of the Union,
l. If there is to be bankruptcy legislation
at all, therefore, comprehensive legisla-
tion covering the ground which the franz
ers of our Constitution intended should
be covered, it must be national. 1t can
not be simply State.
And, Mr.. Chairman, hold that the
trainers OF our government, in lntrustlng
the power to enact bankruptcy laws to
the national rather than to the State au-
thority, acted wisely, with a keen COM
prehension that such legislation is a
necessary incident of domestic commerce,
and that we shall be false to the highest
interests of the country if we allow preju-
dice or distrust of the national authority
to lead us to refuse to enact such laws.
know that we have had bankruptcy
legisl alton for only comparatively short
periods in the existence of this nation
three laws in all; the last of which re-
manned only eleven years upon the stat
ute books of the nation. l think, how
ever, that we can discover in the early
condition of the country and in some of
the features of this legislation an unex-
PLANTATION for the comparatively short
| lease of such legislation.
In the early history Of this country, be-
| fore interstate commerce had been devel-
oped to the extent that it has within re.
| cent years, before the construction of
railroads and telegraphs and the growth
of the intimate business relations now
existing between every part of this
country, which makes Texas CONNER
| cially as near to New York and New
| York as near to San Francisco as Phila-
| delphia was 10 Pittsburg seventy-five
ment of the means of communication 8
reason, necessity, for national bank
ruptcy legislation that,di not exist fifty
or seventy-five years ago. We have be.
come great nation commercially as well
| AS politically. Every part of this country
is commercially linked with every other
part The merchant in New England is
dealing every day with the merchant in
New Orleans and Galveston. The mer.
tchant in St. Paul is selling to and pur-
! chasing from the merchant of Boston
| every day State lines have been broken
| down commercially in the progress Of
| this nation.
| Now, Mr.. Chairman, in consequence OF
| the improvement of the means of com
munication in this country, and the i'm
mense development of interstate trade,
it has become necessary that Congress
should use the power which the trainers
| of this government placed in the Consti
| tuition, and enact laws which shall be
national in their chracter as relating te
bankruptcy and insolvency. We cannot
defer action in this direction without
serious evils arising. Indeed such evils
are already here.
| There have been elements in the bank.
ruptcy legislation heretofore enacted
which have almost inevitably aroused
| opposition. l need not stop to recall
| them, because you gentlemen are aware
| of them. One OF those elements was the
unnecessary expense attending the ad-
| ministarton of our bankruptcy laws il
the past. To a great extent this bill ha.
overcome the difficulties which have beer
SO fruitful of criticism in the past Il
seems to me there may be amendment.
adopted which shall serve still more to
overcome those difficulties. 1t cannot b.
possible, after our experience in admin
| lstering such law, with all parts of this
country COMMERCIALLY interlinked a!
never before, with the necessity upon
us for some legislation in this direction
| that the wit of man cannot conceive uni
form bankruptcy legislation extending
from Maine to Texas, from New York tx
Oregon, which shall work with facility
with efficiency with, justice, and will
reasonable satisfaction; secure justice
conserve the interests OF both debtor ant
creditor, and permit the best interests o
the vast business of great people
There is second reason. for nationa
bankruptcy legislation. Justice to tn
debtor-humanlty at least, requires it
Under our laws as they exist today, ant
as they must exist under the Constitu
ton which wiJhholds from the State tn
power of releasing obligations to non
resident creditors, it is not possible TO
any insolvent debtor, however oppressed
| l. l. L.: