The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-05-06
DEFENDS KANSAS.
Representatives BrOderick and
Miller Stand Up for the West.
The Latter Scores the Bank
ruptcy Bill Vigorously.
KANSAS DISPLEASED.
It Is Simply a Bill for the Col
lection Of Debts.
But Is Highly Satisfactory { o
Eastern Money LOanerss
KANSAS DISPLEAsED.

delegation We're almost unanimously
dissatisfied with the bankruptcy bill
which passed the house Saturday 1t
was the old Torrey bill somewhat mod
fled. The chief contest was over the
question as to whether fl should be
made simply a voluntary law or
whether it should provide for both
voluntary and Involuntary bankrupt
cy The bill as reported by the major
lty Of the house judiciary committee
specified nine grounds or causes for
which business people could be forced
into bankruptcy. In this respect the
bill contained substantially the harsh
and Objectionable provisions of the old
law. which made liz more Of a rigid col
lection law than a bankruptcy act.
Dir. Broderick was the only Repubh-
can member of the committee who OPP
posed these provisions Of the bill. He
said if passed. with all these stringent
Involuntary clauses, it would soon be-
come as odious as the old law of 1876
and the people would be demanding its
repeal He emGeaVored in committee
TO have the nine grounds stricken out,
and three prepared by nina substituted.
This proposition was rejected by the
committee, and was carried to the floor
and fought out there
On a vote Mr.. BrOderick's amend
ment was lost by al small margin of
about ten votes.
In speaking Of the bill Mr.. Broderick
said:
THE real ground Of difference is that
many of the wholesale people and
boards of trade want bankruptcy leg
1slat1on containing stringent provis-
ions for the collection OF debts while
some other people want g. purely vol
untary law.
"a contended that ii was evident
neither Of these extremes could prevail
The substitute which / offered strip
ped the bin of its harsh features. 1T
met with stubborn resistance from
those members who wanted to make
law"
AIr. Broderick supported his amend
nenr vigorously on the floor OF the
mouse but the representatives of the
creditor class outvoted him by a. small
margin.
Representative Miller took the same
ground as MT. Broderick that the bill
amounted to a stringent collection law
merely He offered several amend
mentS 60 the bill with a view to soft
ening and correcting its bad features
put they We're voted down
TT have kept pretty quiet this ses-
s1no said Mr. Miller to the Journal
correspondent, but this question be-
ing legal one and the most important
one really which has come IN attract
ed me and i gave a great deal of at
tent1en to its discussion. Tt amounted
simply to q stringent law for the col
lection Of debts and benefited only the
creditors and not those honestly insol-
vent"
Mr. Miller made a ringing speech in
opposition to the Objectionable features
OF the bill and in doing SO defended
kansas and the west from slurs which
had been made by eastern members.
MT Miller said. 1T gives me the at
most qualification to see at last the ad-
vccates Of this bill have come out OF
the brush and have announced its true
purpose The gentleman from Nassa-
ehusetts lAdr. Moody, whose people
own perhaps, more claims against Door
debtors than the people Of any state in
the Union has now, for the first time
announced that this is a bill for the
purpose Of collecting debts, and that
IS the reason and the sole reason he
advocates it.
Now. Mr. Chairman. on the dav
when this discussion first opened the
gentleman from Iowa. CNfr. Henderson,
with trembling voice and with tears
IN his eyes, said that this bill was for
the purpose of letting those Door men
who haG been unfortunate escape from
the burden Of their debts. And that
was NolioWed UP by the gentleman
from 4illnols NMr C0nnolly) whose
cnAy ground for advocating the bill was
that by the laws of various states
there IS placed in the hands of a single
creator the means Of issuing an at
~ MS property Those were the two
grounds on which this bill was advo-
Gated. Yet we ind now that the true
secret Of the bill is that 1t is a bin for
the collection of debts
An this bill there are provisions un-
Ger which every merchant in Kansas
SAty an which reside1can be placed
AM bankruptcy. There are provisions
Ia this bin by which a man bayinar ar7y-
amount OF property may be placed in
2ankruptcy because subsequently to
Nhe time Of the commission Of the acts
named or within six months accident
may happen to him so that ait the tfran
ct the fling of the petition he NAV not
nave sufficient property to pay his
But what is the situation in regard
90 a man property SO far as the de-
termination of the question Of his in
so1NencE is concernedg When the ne
xitt0n IS filed, an assessment is made ~
the value Of the debtors propeTtv.
basetA upon It's value upon a forced sale
AAoA@n gne man 8 property fairly val
ueo might be three times what w07717
De required to pay his debts vet when
you estimate Ii upon the basis OF y
AoEcea sale, that property might be ad-
sL98e1 AAsufnc1ent to meet the imda5t-
sttlAsAs, although under ordinary cir
N0naslances and with ordinary business
management il might be more than
khree times enough to nav the rear9sz
1ndehtedness
say. then. that under the provis-
~ = slils PHI any man. however hon
est may pc thrown into bankruptcy by
an accident because fOrsocth his na
Der Isl not paid Withim 40 Cavs after IF
-A.Alq5es. u q mans note, by accident
Pr otherwise happens to. remain 44r-
paid fer 80 days he may be thrown into
2afAfA1p ICY and that, too, not by the
man ~ hose paper is unpaid but BY any
creditor. Such a creditor. because 81
tue debtors default upon another
man paper, may throw him into
bankruptcy The araat ma frs-ftv5 -
eae mans creditors may not wish him
20 go into bankruptcy
AAN- Muller asked the supporters Of
TIE measure IL they really meant what
eae said, TO strike out the drastic feq-
Eures, leave the voluntary provision in
&he bill and restrict Involuntary bank