The Republican. [volume] (Oakland, Md.) 1877-current, 1898-08-11

| ceedings, no unconsciOnable creditor or shy
ster lawyer can go to his wife, if she has a
| little property, or to his mother and father
and say: II viii put him into bankruptcy
unless you respond and settle up his debts"
We have made it a penal otfense to do that.
Coming, in the next place, to the matter of
| discharges, which to my mind is very i'm
portant matter, a bankruptcy law that is
not liberal in the matter of discharges is a
fraud and a delusion. We have reduced the
grounds simply to two for denying man
his discharge.
First. if he has committed an offense pun
ishable by indictment; and | have already
shown the two offenses. The next is, if he
has kept fraudulent books for the purpose of
defrauding and cheating his creditors, so
that they cannot find out his true condition.
In other words, ii a bankrupt has not con-
cealed his property from the trustee, if he
has not committed perjury in the proceed
inas, and IL he has not kept fraudulent books,
he is entitled to his discharge. These are the
only grounds on which man can be denied
his discharge, no matter whether he pays
much or little on the dollar or does not pay
a single cent. If he has not been guilty of
committing those otfenSes, he is entitled to
his discharge at all events.
Under the old bankrupt law of 1867 there
were nine or ten different grounds for deny
ing a bankrupt his discharge, and then, in
addition to those, a man could not get his
discharge unless he paid 80 cents on dollar
except by the consent of a majority in
amount and number of his creditors. That
is, fortunately, removed by this conference
bill.
| venture to say that it is not possible to
have bankruptcy bill with any involuntary
provisions in it more liberal than those con-
tanned in this bill. Anybody can go into vol
untary bankruptcy except a corporation,
anybody who owes any debts, no matter how
large or how snall-any man can go into
voluntary bankruptcy.
In respect to involuntary bankruptcy, no
farmer or wage-earner can be put into bank
ruptcy, no national bank or bank existing
under state laws or Incorporated banks, but
private banks, may, and then certain corpor
atiOns, corporations engaged exclusively in
manufacturing and mercantile pursuits, in
printing and publishing, can be put into
bankruptcy, but no other corporations can.
Neither farmer nor a wage Garner, neither
national bank nor state bank, can be put
into bankruptcy, and no other corporations
except the ones have indicated.
Under the Old law there was register in
bankruptcy. .sHe had a sort of monopoly and
got rich out of it. We have, in place Of the
register, a referee; but the court is author
lied, and it is made the duty of the court, to
appoint referees in every county where there
is any business to be done, 50 that no man
gets monopoly of the business, and the ref
cree being practically judge in chambers,
attending to all interlOcutory and default
| business, by these means the bankruptcy
court is brought right home to a mans door
| in his own county.
The fees are substantially these: The ref
| cree gets fee in every case of $40. Then, in
addition to that, he gets a commission of l
per cent on all dividends distributed. In
case of voluntary bankruptcy where there
is no fund to be distributed-and there will
be many Of those cases-he only gets $40.
The trustees are nominated by the credi-
tors. There may be from one to three, but
if there be three the three combined can get
no more fees than one would. They are en-
titled to a fee of s. in each case, and not to
exceed per cent. on the first 5000 and per
| cent. on the next 5000, and l per cent. on
sums in excess of $4,000 distributed as divi-
| dends. These are substantially all the ma
| terial provisions. In respect to the marshals
and the clerks they are the same as in other
| cases.
There is another provision, I might say,
and that is that a poor bankrupt who has no
means can get rid of paying the fees. He
can go into bankruptcy and get his discharge
without any fee if he makes a showing that
he is pauper or poor and unable to pay.