The Providence news. (Providence [R.I.]) 1891-1906, 1900-04-14
CASE OF JUDGMENT DEBTORS.
Bill Which Passed House Proposes 10 Reach
Debtors Who Can but viii Not Pay.
REALLY POOR WILL NOT Be INJURED,
Such a Law Needed for Protection Of Merchants,
He Claimed Mr. Prescott Told OF The Work
Ing Of Similar Statute In Maine.

a special meeting OF the Rhode Island
Business Mems association was held
last evening in the rooms of the associ-
atfon in the Industrial Trust Company
building, for the purpose OF listening
TO an explanation by Irving Champlin,
Esq. OF an act now pending in the
General Assembly providing for pro-
ceedings supplementary To judgment in
the Supreme court and to compel delin-
quent Judgment debtors to disclose
their assets.
The meeting was called to order by
President Leander c. Belcher. and the
usual routine business was transacted.
Secretary Littlefield read a letter from
the Trades League OF Philadelphia, ad-
vocating the passage of an act prevent
ing the sending of books and pamphlets
through the mails atone cent a pound.
,rhe communication was referred to a
committee.
Letters from the Commercial club
and Chamber OF Commerce of st. Paul,
Mimi, asking for support in the at
tempt being made to reclaim arid lands
in Minnesota, were read. No acton
was taken.
Two applications for membership
were received and laid over under the
usual rule. "
Certain committees reported on the
interstate commerce law, and on the
matter OF pollution of navigable waters,
both measures now pending in congress.
and the reports were ordered received.
AT s:25 O'Clock President Belcher in
troduced the speaker OF the evening,
Mr.. Champlin. attorney OF the Butchers
and Marketmens assoc alton of Rhode
Island. Mr.. Champlin stated that the bill
that he had drawn providing for sup
Elementary proceedings had passed the
House but he understood that there
was liable to be objection to the pass
age OF the bill in the Senate. He then
read the act as passed by the House.
which was, be said, the third act that
he had drawn.
Mr.. Champln read an editorial from
the News in relation TO the bill now
pending. and then said that laws siml-
lar to the one under discussion were in
existence In several states OF the union.
IT rs the law of New York, OF Massa-
chusetts, of Maine, and other states,
IT is. perhaps, in some way substl-
tnte for Imprisonment for debt. and
Rhode Island was one of the last states
TO abolish Imprisonment. Rhode ISL
and. however. in abolishing imprson-
ment did not leave anything to take it's
place and the dishonest debtor has taxi
en- advantage OF this lack of a law
that could be enforced. This law does
not seem to cause any hardship in the
states where IL is in force. for il should
be remembered that in all cases IL is
to be enforced by the Judges.
Mr.. Champlin, continuing, said he had
never heard yet OF judge who has
sent a poor man to jail because he
could not pay debt and he did not
believe that any Judge I'm Rhode Island
would do so. The speaker then men,
toned the cases of persons in good cir
cumstances who deliberately took steps
TO avoid paying their just debts and in
most cases succeeded in dong so. The
creditor had no redress. for under the
Rhode Island laws IL is impossible to
collect from any person who has no
visible attachable property.
1t was this class of men, said Mr..
Champlfn. that through this law il is
proposed to reach, and not the poor
man in receipt of wages just enough
10 support himself and family. Unless
this law or one similar TO IL lis passed.
many merchants in this state will have
TO go TO the wall, for they have no
means of collecting what is due them.
After explaining how debtor shall
appear in court 70 declare his assets,
Mr.. Champlin said the court might,
upon the failure of the debtor to com
ply with orders of the court, hold the
debtor for contempt and punish him
by fine or imprisonment. or course. he
said. imprisonment for a long term was
out of the question. and no man who
has not the property or salary Will
be called upon to pay and therefore
the poor man will not be made to suf-
fer.
Mr.. Champlin said that the imme-
diate occasion for the petition for this
law has been the realization OF the
business community that some law was
necessary to enable merchants TO col
slect their just dues. Assfar as he knew.
the Rhode Island bar had nothing TO
do with &c.
Washington R. Prescott. Esq. form
erly of the state OF Maine explained
how the law operated i'm Maine. He said
that under the Maine law the governor
appointed a disclosure commissioner IN
each county arid the debtor was cited
to appear before this commissioner.
snd. ~ entitled to take the pocir debtors
oath. is allowed 10 60 free, and all ex-
penses are assessed upon the creditor.
Under the law now pending I'm Rhode
Island the honest debtor. II he has no
properly. can enjoy the same privi-
1eges
Under the Maine law. n the debtor
fails to appear when cited. he may be
brought in on capias. and under ex-
animation u Is ascertalred he has
money, bank bills or checks In his
pocket. he must produce them and they
can be employed toward the paymert
~ the debt This g one OF the mate
rial differences from the proposed
Rhode Island law. There are also Ger
tain other differences. which ore Of inn
portprice Mr. Prescott stated that the
editorial IN the News did not in his
ouinion. take a fair view of the matter
He believed that + the bill became \
a I,.. .l.f. 4,, q h..