The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-01-06

IL begins to foster falsehood. produce
wrong and work injustice
1t strikes NC that who're man
worth $4,000 owes a woman whose
children are hungry and in rags
enough to buy them food and clothes.
and refuses TO pay A1r. the law That
protects him I'm such refusal
involves us In Inconsistencies and
works an injustice. There is no man
with a just mind and an honest heart
who win say that such law is q good
thing. But such is one Of the conse-
quences of liberation from arrest for
debt. or perhaps IL is simply the effect
Of general exemptions. 1t is the con-
sequence OF modern reformation In our
legal arrangements, designed for the
protection Of the poor.
Reformers in another direction have
provided against such contingencies.
They would carry away the widow and
her children and provide FOR them as
objects of charity. And thus reforma-
tion. undertaken with the best inten-
tlons. would work "a double wrong 1t
would enable a man TO act the rascal
and force people who otherwise would
be able to provide for themselves into
pauperism. The old law would make
lit man pay anu Allta NliAbiF NV wv
man to provide for her household. But
this Is hardly "A case where under the
laws Of any Of 'he states a man would
be arrested. it IS just an ordinary case
in which one claims his legal exem-
ptions.
We can make Il alittle stronger. If
a hungry ragged man goes at night to
get something to eat and clothes to
wear ne is a burglar. II he goes into
the houses Of half a dozen worEingmen
and from each takes a trite to make
up his outfit and meal, he has commit
ted as many felonies, and may De SEN
fenced for terms aggregating life
time. But man well dressed and with
plenty OF mea's may go to the same
men and engage them to work in the
construction Of section of railroad
for which ne has the contract, prom
ising to pay them when he is paid, and
when the work is done and he owes
them hundreds OF dollars,he can re-
ceivc his pay. put the money in his
pocket. and refuse TO pay them. 1t is
proposed to provide that he shall not
be arrested. / would prefer TO give my
consent that the other fellow should
be exempted from arrest. He is the
better man and will do less wrong TO
his fellows.
Much less injustice would arise II
some means could be devised whereby
exemptions should be fixed by value,
the articles to be selected by tn edebtor,
and then compel him TO stand up and
pay az long as less hardship would be
occasloned by his paying than by his
refuseal l have never been able TO see
the philosophy or justice OF the modern
laws which enable men to rob their
poorer neighbors under the guise OF
exemptions and relief from arrest. But
this is not an occasion for further dis
cussion of the question.
TO LIMIT INDEBTEDNESS.
8. 1t is morally certain that our CON
stitution viii contain a provision
limiting the indebtedness that may be
incurred by counties and municipal cor
poration. Unless a conservative sen
timent is prevalent in the convention
it is not unlikely that this provision
may be more radical than such provis-
ions usually are. 1t can hardly be CON
tend that such limitation ought not be
made; for there are, and for many
years will be, counties and municipal
governments in Oklahoma so situated
1 lllul tHtN lllEHAut Ifi lAltlilflAAi9 btANfN
rupted I'm brief periods; and IL is toe
well known that in a community like
| this. where the people have not long
been known to each other honesty Is
not Invariably found in official stat
| ions.
! The proposition TO prescribe such linn
itaion viii most likely meet with gen
eral approval But much litigation has
arisen because Of the uncertainty of th'
language used in such provisions anc
| its insudicency. And the principa
trouble seems TO have been TO deter
mine in conclusive manner when th'
limit was reached. II would seem tha
this difficulty might be avoided by de
signaling the persons. officers or trib
unal by which the fact should be- ascer
tained, and providing specifically how
II should be done, and then making thu
determination final until a given tim'
after the next assessment.
ISLANDER AND LIBEL.
6. Some Of the constitutions contaii
declarations relating to slander an'
liable If IL snot deemed prudent 4
leave this matter to the Legislature,
should favor the proyisionthat in al
cases of slander or libel. both civil AM
criminal, the truth. II spoken or pub
lished with good motives and for justi
fable ends, shall be a sufficient defense
Z. The declaration that no perso
shall be held to answer to a crimina
charge, with certain exceptions, unles
upon indictment by grand jury,
quite common, and II the grand jur
system is 10 be regarded as "A perman
ent institution, is altogether prepei
But there may come time when th
grand jury viii fan into further dis
, repnte and a stronger sentiment arls
in favor Of it's destruction. And II ma
be well to provide for such contingenc
by giving to the Legislature power q
some further time to abolish the sys
TEN.
g. While by almost universal sent
ment of common honesty, we are fun
resolved that the debts Of the territor
shall be paid by The state, In view
the fact that II has some times bee
suggested, and occasionally by men
: sufficient prominence TO have bee
y chosen 20 our legislative assembl
that upon assuming statehood "
70 should repudiate. II win remove wha
r. ever apprehensions that may have ari
3 en- TO specifically provide b yorgant
II law, that all debts and engagement
o entered into before becoming a sta
IT shall be valid against the state
- against the territory before the ado
n tion Of the constitution.
But over and above all, II Is to
p hoped that our convention win not fe
e called upon 10 reform all previous co
"a stitutions, but viii content itself wi
.- framing an organtic law substantial
5 like that Of some successful state Of {
Is rlninn WITH only annh omlselnng 81