The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-01-31

Concerning the measure as whole
the two bills being taken together-ac-
ton upon it should be had with great
caution It is commended that similar
law Is in successful operation in Massa-
chusetts and in Australia, and in some
DIT is pointed out that the man who can
pay and will not pay, should be COM
PEELED to pay by decree enforced as are
other DEGREES contemporary treated.
While it is true that the proceedings
under the Act cannot be instituted until
the debtor has become a judgment
debtor, has first been sued and found
to be actually indebted for the neces-
saries of life. yet we call attention to
the fact that it is an assault upon
wages. that it permits future wage
stallment payments; that it is capable
Of great abuses, though it is conceded
that its aim is proper enough, and is
intended to center-shot dead beats"
and persistent, willful and conscience
less debtors.
1t likewise exempts a class Of small
wage earners, among whom may be
men who are just as much beats, and
thorns in the sides of creditors; who
consume their substance in drink and
leave their families to starve or get
credit, while they evade payment. 1t
would seem, also. that there is a Sc
rious question involved whether the
whole Act is not in the nature of in
solvency proceeding, and, therefore, op-
posed to the Federal Bankruptcy Act,
and. hence, valueless, if enacted.
The Record Union would throw no
obstacle In the way of the honest cred
itor recovering from the dishonest
debtor-indeed, the latter should be
handled without gloves. But care must
be taken that in pursuing the dead
beat" we do not do injury to the honest
man. Thus, while it Is true the Act
calls for examination Of the judgment
debtor as to his property it is not
provided that he shall under order of
court first make application Of hisl prop
erty to the satisfaction of the judgment.
A simple return of execution unsatis-
fed is all that is required to start the
pursuit after wages and earnings, and
If we take the two bills together after
the separate property Of the wife.
Imprisonment for debt is abhorrent.
Imprisonment for willful, contemptuous
and neglectful disobedience of the de-
cree of the courts Of the land is not re-
pulsive. If the courts are to be de-
prived of power to enforce their just
DEGREES, better let the whole judicial
system be abandoned, for law without
executive force is a farce.
We fear the propositions of the bills
under discussion are not we'll cast; they
are certainly imperfect and In the as
sault upon the separate estate of the
wife. Under the Act she cannot safe
guard it against the neglect, chicane or
mean devices of the husband who has
enjoyed the youth of the mother of his
children, and leaves her in age in the
GOODNESS of dulled love, to sacrifice her
cherished personal estate to meet re-
sponsibilities it is his duty to face. The
new proposition in that is unchivalric,
wrong and should be defeated.
The better way for the creditor class
is to sell less and demand cash; or if
family must be carried" to carry it
for SO brief a time, that the loss will
at least be small. And even this loss,
we are assured. is. as a rule. met by
the extra charge made upon those who
pay. since most dealers add given per
cent to saaes to meet losses due to the
bad debt class.