New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-26
OPEN SPITE HOUSE DOORS
FREE DEBT PRISONERS
La7cyers Commend the Crusade to
Repeal La1cs to Inn prison Debtors.

P'"' A~otuS 10 Impf1SOn OeOfOrS.
AS soon after the opening of the legislature rs
possible Sheriff Erlanger will have introduced
pid repeating existing laws which permit i'm
prlsohmeht In civil cases. except In contempt
ana Jourheyman cases. It is possible that the bill
VIII contain a clause modifying imprisonment
for contempt. The Sheriff is confident that the
bill will pass the legislature as he has assur-
ances that the Judges and rank and file of the
bar will favor It,
The Spite House is the name which Sheriff
Erlanger has given the old Ludlow-st jaiI
He will call IT that when he confers with the
committees OF the New-York and State Bar as
sociations. Ever since he came into office he
has been working to cut down the number of
prisoners committed to his care One of the
first steps which he took to refuse to re-
ceive any more federal prisoners. Many of these
desperate persons, and the Sheriff de-
clared that they should not be imprisoned with
who had done nothing but got into debt.
The Ludow-st. Jail has never since been as
crowded II when The Tribune made a
crusade against the instalment dealers OF the
East Side Most Of the instalment prisoners
were ignorant foreigners, which made It more
difficult for them to get anything like justice. \
number OF city marshals in league with
the instalment men, and they found the Sheriff-s
prison an effective whip. With the assistance Of
the Legal Aid Society, The Tribune brought this
outrageous state of affairs TO the attention of
the public. The marshals who had been using
their official positions to aid the instalment men
were forced TO desist. So effective was the cru
SADIE that only at rare intervals since then have
there been any instalment prisoners
Tribune reporter called on several attor-
neys of prominence yesterday afternoon and
asked for expressions for against the Sherifr's
DrOOOSe1 hill Eve on yrhO
approval of the measure. as he understood its
probable meaning.
William b. HornblOwer formerly president of
the State Bar Association, at his office No "a
Broad-st, discussed the subject follows:
imprisonment for debt IN general has long been
23olshed In this State "a relic OF barbarism.
There still remain however. few classes of cases
Of civil nature in which arrest is allowed the
beginning of the action or before judgment and also
upon SNecutton after judgment. which Is known as
execution against the person. These classes of
ulent representation by the defendant; second tort
cases. or cases involving elements Of a tortious
So far as fraud cases are concerned there is an
PENDANT This is true also OF a large number OF
tort cases where there Is voluntary wrOngdoing
on the part of the defendant. Experience shows,
amount of injustice and oppression. Orders OF az
rest are obtained on ex-Parte afdavits without Op
portunity for the cross examnat on of the persons
acted, which the defendant in many cases is
able to furnish. He Is thus obliged to go Jail
Then. again there are a large number of so-caled
tort cases where there is no intentional wrougdoing
as suits or conversion OF personal property where
there is a bona fde dispute as to title turning on
l do not think that the advantages TO the
injustice done defendants by arrest civil cases
The rights Of the community should be. and are.
fully projected by the criminal law in all cases
really affecting public interest.
Colonel Henry w SackAtt who has made a
special study Of instament and other civil ar
rests. said;
Whatever may be ones views with regard to
imprisonment at the instance of party suing in
ence of opinion upon the question of Imprisonment
6 mon o, tb aS tf Is and has
seldom II ever resulted in undeserved hardship
But with respect TO arrest and imprisonment in
civil actions sentiment is growing stronger and
careful c1nsideration in favor of the practical abo
If is a crime, il should be punished such.
If there is existing statute providing for the
punishment Of criminal offence such law should
ment The right 10 an order of arrest under the
present law arises from a great variety OF acts
many of which not ordinarily regarded as
criminal An illustration of these instances is AFFORD
ed from the cases frequently arising IN the munici
pal in this city from transactions in which
purchasing articles Frequently ieweiryl upon this
plan are often foreigners or ignorant persons who
which they are required to sign. II frequently hap
pens that instalment dealers especially unscrupu-
lous ones will claim that portion OF The purchase
price is unpaid where the purchaser has supposed
the entire amount to have been paid The install
ment dealer thereupOn prOcures order of arrest
the ground of conversion. and the person, who
NAV be IN default but few cents ana br
unable to restore the article purchased. Is thrown
into prison Many cases of abuses of this character
have arisen because of the eNtOrtlous and traudu-
lent acts of dishonest dealers in jcWelry who would
have been able to succeed in their eXtortonate
practices except for the existing law respecting
imprisonment in such cases. There are many other
instances that might h, given in which well
mteutOned person has been put in the position OF
4 wrorg dCer against whom order of arrest
could issue In u civil action whose only offence
has been ignorance of the nature of the contract
into which he has entered other mistake. and
who has had criminal intent.
1t * true that outside of the eases of the fraIdJ
lent inStalment dealers instances OF great hardship
are comparatively rare but the fact that they are
possible shows the IeceSStty TO change III the
la While the statutes row permitting arrest and
Imprisonment in civil actions have frequently Oper-
ated tC compel a rascal 10 meet obligation which
ne otherwise could have evaded. the best sentiment
the community is against the collection money
damages by that method the punishment of
any person by Imprisonment for any wrong
another except criminal act. If the act il Grim
inal. there is the machinery OF the criminal law
for its punishment: II the criminal law * impcr-
feet and in sufficient that be corrected by
legislation
APPEALS FOR AID FOR ARMENIANS