New-York tribune., 1903-01-26
SHARKS TT 1T AGAIN..
INSTRUMENT Dealers Get Body Etre-
cufions for Uictims.
NEW DECISION SAID TO ALLOW 1T.


The fnstalment sharks, whose doings have
been exposed from time to time in The Tribune
are back at their old practices again OF routing
ont their debtors at midnight and inprsoaing
them. For the last four months the sharks
have been keeping decidedly quiet On Sep
tember Sections 139. 40 and 141 of the Mu-
nfcipal Court act went into effect, and the Mu-
nicipaI Court judges maintained that these sec
tions would not allow body execution.
This meant that where an ignorant Hebrew or
East Side foreigner OF any nationality had pur-
chased an article on the instalment plan, and,
having put it to use. had failed in one of his
payments he could no longer be thrown into
prison. Previous TO this the sharks were in the
habit Of dragging their terrified victim from his
family and throwing him into Jail The body
execution was practically a revival OF I'M
prisonment for debt which Dickens and COM
mon sense were supposed to have abolished
four decades ago.
The whole machinery Of the system has now
been put into operation again. In the decision
of Judge Greenbaunl in the January Appellate
Term. in the case of Elson against GodbergeT
the opinion was held that if the plaintiff al
1eges and proves wilful detention Of property.
and If the Judgment provides that on the return
of the marshal having the execution made. TO
the clerk of the court in which the Judgment Is
docketed. such properly is not available for
levy and execution, then body execution will
issue This decision made possible again the
Imprisonment of the instament victim, accord
ing TO Judge Benjamin Hoffman
This decision of Judge Greenbaum has only
Just been made but that tine instalment dealers
took immediate advantage of it is proved by
what Judge Hoffman. whose court is one OF the
three-namely the WITH With and IId-where
the instaIrnent business hourishes, said last
evening to a Tribune reporter at his home No
271 Seventh-st.
Under this decision he said TegretfuIly. Il
have been forced already 10 issue a body eXecu-
ton 1t was on Friday, and the name was L
think, Stromberg. From now on the instalment
dealers will be coming in thick for body execu-
tions. We have to grant them. There Is at
present no redress. What should be done is to
strike out that portion Of the law that permits
body execution
The Tribune is in position 10 announce that
legislation is being considered whose object is 10
put the instalment sharks permanently out of
business by abolishing much Of Section 40
as provides for the power of imprisonment
where wIful and malicious disposition or the
property is shown. Even before the decision OF
Judge Greenbaum, which let's down the bars TO
the old niQuties. Henry W. Taft, counsel OF
the University Settlement, had drawn up a ten
tative plan for legislative action TO do away
with the unsavory business.
The crusade. waged by The tribune last
year in conjunction with the Legal Aid So
cietv had for its purpose the showing up or
the existing conditions. second stage of the
crusade has now been reached, when the wrong
being admitted and exposed, legislation to abol-
ish il must be had. Already one such attempt
has been made.
On January 10 Mr.. Ulmann introduced an act
I'm the Assembly at Albany which provides that
the instalment dealer must obtain a license by
the payment of a license fee of 5000
Mr. Taft said OF this bill:
Il don't want to be quoted in criticism Of the
bill It Is step in the right direction. But. OF
course the point of trouble Is the body ex-
ecution. and the bill is silent on this. favor
making body execution impossible for small
sums say under $100. 1t is wrong that a man
| should be imprisoned for purchasing a trinket.
| The decision of Judge Greenbaums makes pos
sible a reversion TO all the old injustice. since
the opinion demands simply further allegations
than before. You may ask what redress the
| dealer has, If body execution Is taken away.
| The answer is that such act would add one
more risk to the instament business, and rightly
so. The dealers are men able to pay a license
fee. so that would not be deterrent.
Miss Rosalie Loew, counsel of the Legal Aid
Society. said
THE instament dealer and the marshals can
be expected to conform the necessary allegations
and proofs to the necessities OF the law. The
point is that this instament business is not Gre
ated out of the needs of the people. II is an
artificial and therefore unrighteOus business"