The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-09-29
IMPRIsONMEYT ron REnT.
An Ancient Abuse That sian Exists In the
state or Maine.

STATE OF NAlkhcs
To rHE Enron or THE SUN-Sir: lmpris-
Onment for debt Ia popularity supposed TO
have long aVo been swept away Wit trial
by combat and with slavery. In THE Sun
OF July ~ the Hon. John sharp williams.
upon his departure for London ~ . delegate
TO the Interparllamentary Union. " quoted
~ saying: Since all civilized nAtions nave
long ago abolished Imprisonment for debt IL
occurs 10 me that they should abolish bonn
bardment or the threat Of force a. . means
OF collecting pecuniary claims.
Unfortunately, Imprisonment for debt 10
not entirely abolished. Slavery. under the
name Of contract labor. 3 still exists tn Africa
and existed until recently In Australia, which
shows that peculiar Anglo-Saxon predflec-
ton 10 believe a thing no longer exists II called
by q different name. In the State OF Maine
the Skerifs' reports do not even resort TO
these niceties of Ian guage. for they show that
during the pAst ten years more than Loo
poor debtors" have languished In the Jafts
OF this State.
At the time OF its separation from Massa-
chusetts Maine retained many OF the old BAY
state statutes. now long since superseded IN
the mother State by q more humane and lees
rigorous code. Thus much Of the h~arshness
Of the common law not adaptable 20 the
United States still remains upon our statute
books in these opening years OF the twentieth
century. No constitutional convention has
convened in Maine since 1920. One reason
that the Constitution Is not reconsidered N
that its amendment prohibiting the sale OF
intoxicating liquors would thus be again
thrown open TO public agitation. The State.
then, ia compelled 10 endure out worn laws the
amendment OF which Is Of far more importance
than whether or not the prohibitory law shall
remain a part OF the Constitution.
Instead Of entirely blotting out the evil OF
imprisonment for debt ana shaping new laws.
well meaning Legislatures have enacted addi-
tional statutes for the relief OF poor debtors
until conditions in this respect are actually
worse than they were when Maine became q
State. At that time a poor debtor, after suit
and jud gment, might choose one OF the two
justices Of the peace before whom he was To
disclose on oath his financial condition. In
1873 this law was changed so that disclosure
commissioner could be appointed by Justices
Of the Supreme Judicial Court. This law was
an important step toward making II harder
for the poor debtor. He could no longer
choose one Of the justices. but was cited
before a commissioner chosen by his creditor.
This law was further changed in 1907. 80 that
the Governor. instead OF the justices OF the
Supreme Court, now chooses the disclosure
commissioners. While Maines Governors are
invariably men of probity and honor, 1t will
not he denied, I think. that they are not go
well qualified to appoint these commissioners
A. the Judges. who are acquainted with the
local bar and can thus better Judge the
qualifications Of applicants.
In the early years OF the history Of the State
the body Of the debtor. II he was entitled to
the poor debtors oath. became forever
ther " free from arrest on the
same: but under the present statute. en-
acted in 1893. he may again be cited TO dis
close at the end Of three years from the adj
ministration of the poor debtors oath; may
be again arr eSted II he fails 10 appear for
disclosure. ard he committed to Jail on the
old judgment. II is therefore plain that the
laws in relation to poor debtors are much more
rigorous to-day than they we're in 1920.
That the poor debtor is farinR badly in
Maine is shown by the folio wing table, taken
from the Sherins' reports OF Commitm ents of
poor debtors In the several counties for the
last ten years. 1896 1905, in inclusive. and in q
number Of these counties the retur ms are not
,op,nlofa