Omaha daily bee., 1902-12-06
PROPOSE A DEBTORS COURT
Retail Merchants Have New Scheme to COL
lect Delinquent Accounts
COURT TO CONTROL EMPLOYEES INCOME
Bill Provides That Delin-
quent shall only Enough
of His wages to Pay Neces-
snry Family Expenses.

AS the result OF the conference held
Thursday evening between the representa-
tives OF the Retail Grocers' association and
the labor organizations It lie probable that
a bill will be introduced in the legislature
at the next session providing for the crea-
tion Of a debtors court, which will have
jurisdiction in certain cases where persons
are indebted to others for the purchase of
necessities Of life, such as clothing. food,
fuel and house rent.
Briefly outlined. the proposed bill will
provide that the county Judge or some JUS
tice Of the peace will be the Judge of the
debtors court. When a creditor cannot
collect a bill for necessities OF life he will
file a complaint against the debtor, who
will be notified that the account has been
placed in the hands Of the court, and a day
will be set for hearing the cause. After
trial. judgment will be rendered in ordi-
nary form II the plaintiff establishes his
claim and the Judge will make inquiry into
the income Of the judgment debtor, the size
Of his family, the total amount OF his
monthly expenses, making allowances Tor
only those expenses which are absolutely
necessary. After these points have been
determined the court will decide upon how
much Of his total income shall be set aside
for the payment of the debt upon which
judgment has been entered. This amount
shall be paid weekly or monthly, as the
court may determine, and no other costs
shall attach to the collection Of the bill
other than that Of serving the first papers
in the case.
Court to Investigate.
Provision. will be made for the debtor TO
come before the court at any time and
show cause why the partial payment shall
not be made at any stated time. the recoE-
nized causes being ickness in the family,
loss of work or decrease in salary. In case
the defendant fails to make payment as or
dered or fails to make satisfactory showing
as to his inability to pay, the Judgment be-
comes a lien upon his wages and the wages
may be garnisheed in the hands Of any en-
ployer. In case suits are filed by a num-
Der OF persons against one defendant and all
are proven, the money in excess of the
amount required to maintain the debtors
family will be paid into the court and by
him apportioned among the judgment cred
itors according to the amounts Of their
claims.
Under the common law failure OF the
Judgment debtor to pay according to the
order Of court would subject him to pun
ishment for contempt of court, but a provi-
sion will be Incorporated in the bill abolish
ing his form Of contempt in these cases
and the only punishment to be inflicted will
be the garnishment Of the wages of the
debtor.
1t develops that opposition to increasing
the scope OF the garnishment laws comes
not only from representatives Of labor or
ganizations, but also from representatives
of corporations which employ large numbers
of workingmen. The representatives of
these corporations claim that with in
creased opportunities for punishment of
the wages Of their employees will come adj
ditional trouble to employers, calling them
into court from time to time in cases in
which they have no interest and desire
none.