The Birmingham age-herald., 1902-06-18
Minority Badly Defeated in
 Effort to Repeal Act
SOME OBJECTIONS REMOVED
Principal Amendment Was to Remedy Defect Ia the Law So as to Cover Decisions in the Pierce
 Case From Chicago.

"dSHlnBlO June It. llG IlOdSt Sp0ht the day considering bills reported from the judiciary committee, By far the most important measure was that to amend the existing bankruptcy law. The minority made a vigorous effort to repeal the pres ent law, but was overwhelmingly de- feated-65 to 137. The most important amendment is one to define preference to meet the Supreme Court decision In the case of Pierce vs. the Chicago Title and Trust Company. Four additional grounds for refusing a discharge In bankruptcy also are added.
 First, obtaining property on credit on materially false statements; second, mak- ing a fraudulent transfer of property; third, having been granted or denied a discharge in bankruptcy within six years. and fourth. having refused to obey the order of the court or refusal to answer material questions approved by the court. An evening session was held for the consideration of bills reported from the committee.
 90 Per Cent Favor the Law.
 MT. Ray said that 90 per cent of the replies to inquiries he had sent broadcast over the country favored the retention of the present law, seven per cent desire 1t repealed or amended in accordance with the provisions of the pending bill. and three per cent desire it amended. He ex- plained fifteen amendments proposed to the law, the most important of which, he said. remedied a defect in the law re- garding preference. Under the Supreme Courts decision in the case of Pierce vs. the Chicago Title and Trust Com pany the court held that payment made in good faith after actual insolvency, though in due course of trade, without intention of making preference, must be surrendered before the creditor who re- ceived such paymsnt could prove the bal ance of his debt This was never intended by the framers of the constitution.
 MT. Ray said 1t was the cause of 9e per cent ot the objections to the law.
 Clayton Approved Present Act. MT Clayton of Alabama declared that the present act was the most drastic and oppressive law ever enacted 70 far as the unfortunate debtor was concerned. He suggested that nearly all the circulars sent out by the chairman of the commit tee had gone to whole sale merchants and tobbers, referees in bankruptcy and other court officials interested In the cost fea- lures of the law. He believed the law should be repe aled instead of being amended, and gavs notice that at the proper time the minority would offer as q substitute Dill to repeal. the existing jaw ir toto.
 MT Clayton criticized the amendment. which proposed to give corporations tho right to go into voluntary bankruptcy.
 MT. DeArmond of Missouri favored the repeal of the pr escnt act.
 Mir DeArmond offered an amendment to strike out all after the enacting clause, and to substitute a provision for the re- peal of the existing bankruptcy law It was voted down.
 An additional section was added on mo- ton of MT. Ray which provided that when a debtor waived his exemptions he could not thereafter claim them under the law of the state in which he lived.
 The Bill then passed without division.
 Other Bills Passed.
 Bills were also passed providing for the punishment of United States prisoners while confined in State institutions to in- crease the fees of jurors in United States courts from $2 to 8 a day; to allow ap- peals from final rulings of the general land office to the supreme courts Of the District of Columbia; to incorporate the Society of the Army of Santiago de Cu- ba, for the appointment or llVe duullioiidi United States Commissioners and five additional constablcs in the Indian Ter ritory.
 Mir Ray called up the bill for the sup pression of train robberies.
 Mir Smith of Kentucky said the bill was too important to be passed hurriedly.
 Mir Ray replied hat the purpose of the measure was to secure the co-opera- ton of the United States in the prosecu- ton of persons accused of derallng or robbing trains.
 At 5 o'clock without action on the bill the house took recess ultlI ; o'clock.
 Night Session.
 The night session was devoted to the consideration of a bill reported from the committee on Indian affairs Pills to rat ify and confirm the agreements negotiat- ed by the Dawes commission with the Creek. Kansas and Raw Indians were passed and the bill to "atlfy the agree ment between the Choctaw and Chicka- saw Indians was under consideration when the house adjourned at l0.3O
 The senate bill to provide for the sale Of sites for manufacturing or industrial plants in the Indian Territory and a house bill for the relief oc Mary Clark and Fra7ces Jenny Cla,k, alse were parsed.
 A house bill providing for the opening t, settlement of 4S0,009 acres of land In the Kiwo Comanche and Apache Indian reperva tions in Oklahoma was d' fcaivd.
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