The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1907-01-02
The sac Of Goods in BuIk.

Among the measures advocated by
the State Board of Trade is the en-
actment of a statute by the State
legislature regulating the sale of
goods in bulk. At a recent conven-
ton of the board strong resolutions
were passed in favor of such a law
and the members of the local boards
of trade were urged to use all their
influence individually in favor of it.
AS matters stand at present. de-
plorable state of affairs exists,
against which there is no provision
on our statute books. The condi-
ton of things against which protest
is made may be summed up as fol-
lows:
A person desiring to realize for
his or her benefit on a stock Of
goods, but at the same time avoiding
the payment of debts due creditors,
disposes OF the stock in bulk. makes
no provision whatever for the llqui-
dation OF the liabilities of the bust
ness. and in nearly every instance
disappears. The creditors are left
absolutely without redress. as against
the stock so sold. although contained
in that stock there may be a large
percentage OF the merchandise, pay
ment for which is due them. The
purchaser, unless he can be proven
to have been guilty OF collision in
securing the goods "a practically i'm
possible undertaking.. is held to be
innocent, and innocent. goes re1oic-
ing on his way with the plumber he
obtained, in most cases at not more
than fifty, and in many as low as
thirty and twenty per cent OF the
actual value of the goods.
The statutes interpose no barriers
in the way Of such transactions in
this State, and the absence of prop
er law, in effect, leEallSes bare faced
fraud. Many business men in each
community can no doubt give specific
instances in which they have been
yictimized in this manner. because
there Is no law TO head on people
who wish to defeat their creditors in
this way. 1t is even said in some
parts of the State there are people
who have made 1t a business to sell
out In bulk, and thus evade their
gust debts and cheat the people who
have trusted them,
West Virginia is very much be-
hind other States In this matter, for
twenty-one States have taken action
preventing these frauds and in near
ly all the laws have been held to he
constitutional Our present laws
are inadequate TO deal with these
cases, and it is for this reason that
the State Board of Trade proposes a
new statute which will reach them
In the next legislature. bill will
be presented which will be In every
way constitutional and which will
provide in brief that a person in
tending to sell out in bulk. other
wise than in the ordinary course of
trade, must take an inventory of his
stock, make list OF the persons to
whom he is Indebted for such stock,
and the seller and purchaser must
combine to give such creditors due
notice of from FIVE to ten days before
the sale Is contaminated.
This is a square deal for all, be-
cause it is no more than right and
Just that the man who sold these
goods on credit should have notice
OF an exceptional transfer and is
morally and legally entitled to know
of II in time to protect his interestS
The law protects creditors when a
mortgage Is given first lien on real
estate and It also protests builders
when a mechanics lien is allowed
and why should not the law protect
merchants who furnish TO smaller
dealers the necessities and comforts
of life?
There is wide spread demand
among our business interests for this
legislation and al the last session OF
the legislature a bill was introdue-
ed which got TO third reading in the
House. and was then lost in the press
OF business in the closing days Of the
session. 1t is hoped to fare bet
ter this time and 10 get a statnte on