The Monte Vista journal., 1898-02-26

reenter the struggle with fresh hope and
vigor.
That is the voice of your COM
mittee; that is the argument which
is invulnerable when you take up
the question of voluntary bank
ruptcy. But your committee, un-
fortunately, uses this invulnerable
evidence in favor of voluntary
bankruptcy to visit upon the COM
merclal world the most drastic,
the most merciless, the most p,rat-
ical statute that has ever stood up-
on the American istatute books.
fon may go back to the law of
lSoo, and it is mild in comparison
with this. You may go back to
the statute of lS4l, and it is mild
IN comparison to this. You may
go back to the statute of 1867, and
it is mild,in comparison with this.
1t is one of the most drastic
measures that was eyer visited up-
on :he American people for the
purpose Of collecting debts. There
is a door opened; for failing debt
or Mt every corner of the Jail. The
debtor can not move without "A
penalty of jail imprisonment. He
lias no more opportunity under the
provisions of this bill than he had
in the Dark Ages.
We are advancing in our State
legislatures. What was a cause
for attachment few years ago has
been swept away as too dras tic.
What were causes of imprisonm cnt
n few years ago with an increas ling
civilization have been.swept aw ay.
But this bill has gone backward.
1t has gone behind the bill of lS4l;
it has gone behind the bill of 1900;
it has gone beyond anything. that
this governmst has ever seen in
the way of Il harness in a bankrup-
cy bill. If l had the time, |
should like to read some of the
provisions for which man can ne
thrown into bankruptcy. / defy
any man under the sun to be in
volved in debt, l care not how hon
est he may be, who canuo. be
thrown into bankruptcy by any
jack-leg lawyer in the United
States. 1t is impossible for him
to escape if he owes debts and is
unable to pay at the time any
creditor wants to throw him into
bankruptcy. l believe that is the
object of this bill.
III the committee had contented
itself with bringing in a bill for
this unfortunate class whose con-
dition it exposes as an unanswers-
bic argument in favor voluntary
bankruptcy, the spirit of the con-
stitution would have been fully
met. This bill, however, bitches
on to voluntary bankruptcy most
severe national collection regime
which will tear down the insolvent
and attachment laws OF the states.
remove collections from the local
to the United States courts, and
will place master over every re-
tail merchant in the country, and
will destroy his local credit.
The Torrey bill WAS not gotten
up by or for the unfortunate and
burdencd debtor. but by and for
the great wholesale merchants, to
enable them to more easily and
certainty collect their debts, even
IL they have to throw their CUSTOM
ers into bankruptcy to accomplish
this purpose; TO prevent retail mer-
chants from securin, their banks
or local friend for special help.
Had the committee provided for
voluntary bankruptcy and then en-
acted that when n debtor is guilty
Of such actual fraud as is usually
ground for attachment under
state statutes that, upon the judg.
ment Of the court after = full hear.
ing, he should bc declared a bank.
rnpt, the spirit Of the Constitution
would not bc transgrcssesl.
But ninc-tenths Of this il devot.
cd to the interest Of tho creditor,
and it's provisions arc most strenu-
GUS against tho debtors, that its
trainers fcign n serve.
Tng Bnca land grant il tho cen.
ter OF growing interest ~ the time