New-York tribune., 1909-05-23
PERJURY FINE UPHELD
BANKRUPT FACES JAIL.
r;,e Courts and II Judges Figure
N Attempted Debt Collection.


-.-,r,v. bankruptcy. i've courts. fourteen judges
.-ro legal precedents all figure in the suit
So by Albert H Dollard. a coal dealer. Of
P o. Montague street, Brooklyn, against Benja-
- ~ u-c1ously coal dealer. at Corlears street
e +Le East River. Manhattan. for a,l74 for coal
delivered -. ...
14,sl litigation. which began in the City Court,
- - the Appellate Term Of the Supreme Court
". +ben 70 the Appellate Division Of the Supreme
-o--+ where It is still pending The other phase
-, ,n the United States District Court and went
- trs United States Circuit Court of Appeals The
,.,+e- tribunal handed down unanimous decision
.a-sev that Koronsky was not exempt by rea-
~ ~ his petition in bankruptcy, fled IN the
-.-ss States District Court. from fine Of a75S 40
,-,,osA5 by Judge Green, of the City Court, Tor
-.[5n-v This decision, reversing that Of Judge
III in the United States District Court. Is one
<-ba r-eoedents esta blished in the case.
,--,1sIyy ro1g finds himself in the perplexing
t-,on of having within ten days the fine for
-sgiury or going 70 jail, whereas he has sworn IN
Sss petton bankruptcy that the best part OF ms
rss+s consists Of two suits OF clothes Judge
-, IN imposing the fine. was following out g
Iac-;cs Of his which. he thinks, has done more TO
p stop 10 the commission Of perjury in the
c,,, Court than criminal prosecution
r,oIIsrd began his suit against Koronsky in the
~T,,, Court in May. 1908. The summons and COM
.sS,+ n The case were served on the defendant on
Tgne 70 by Samuel Mermelstein at No. 62 East Sth
street Koronsky put in no answer TO the SUIT
- wren Chief Judge ODwyer called the case on
tune & Dollard took judgment by default 1oF
q 17ons which covered the claim and costs
n, -be following day Horace London, counsel Tor
.zo-onsly presented TO the Court an efhoaVlt oy
IS client that he had not been served in the case
ue svVore that the papers intended for MIN were
s-z,sd on Louis Eupfer, friend Chief Judge
a5r-p.- issued an order directing Dollsrd TO show
,euse why the Judgment against Koronsky shonlo
not be set aside Argument on this order was hearo
:, T11ne q and Charles W Rdgway was ap-
,oin1ed referee 10 take proof Of service Ihere
-. .,-.I,,A hearings before the referee, twenty
-. z5rnesses being examined The referee hled MS
rsnorr On October 26, finding that horonsky hao
been properly served -,
E-snron. on the application Of Yorke Allen
osTnsel for Dollard. Judge Green. before whom the
-. +han came. vacated the order 10 show cause
,,5 s5iudged Koronsky in contempt OF court iCi
4rronring the dignity Of the court by delloeraVeN
,x-5p-fng himself" He sentenced horonsky 10 pay
r75s IS 70 Dollard. Of which 500 was Lor ~
tees ssos for stenographers and 500 Tor the
n ir1nosinE this fine. which was apart from ohe
original Judgment. Judge Green saic'
The facts in this case present clearly ana % j
fully the damage and harm which may , ica w. GO oF
rom perjury committed in regard 10 the
process and which, unfortunately Is so ps5ica
N al 'nS S 80 Ell onf, drastic measures can obtain
the relief desired II IS nov hsl 81 5anoTnce con
6rc- such as that OF which the detendaht sIalluS
proved guilty. - 49,. oa ,,,,+x, may be
inshed BIZ prosecution at the hands Of the crlIll-
al authorities There are penaIJles more I @
ProsecaIiOI P; iiraTTy means nothing as compared
pElxatloh o+io OF iLoTo F TToerfy The former may
snnoy or disgrace but the latter affects him most.
IrSdavits of the character made by the defenaant
ease as the presentation Of visiting caIos, anu C
rendering all its aid in stamping out evil which
Is fast sitting justice in our courts
Judge Green gave Koronsky ten days TO pay the
oFp [
Lpnesl was taken 10 the Appellate term, which
unanimously affirmed the decision The defendant
then fled notice OF appeal to the Appellate 'lVl-
sion This however did not act as stay of ex-
ccution On the ninth day after he was nned no
ronslIy fled petition in bankruptcy ana Ai'housH
rsputsd rich he said that he had no assets
There is a clause in the bankruptcy laws that
protects a petitioner from arrest for contempt III
civil action Koronsky took refuge in this clause.
putting the fine in his schedule as a liability. This
move by the defendant acted as stay on the city
Court penalty.
Judge Holt in the United States District Court,
decided that as Koronsky's fine was TO be paid TO
Dollard and not 10 state he guilty Of civil
contempt and not criminal contempt That was
Koronsky's victory.
But he only sinking deeper IN the legal quick
sand Counsel for Dolard appealed TO the United
States Court OF appeals. The unanimous decision
of Judges Lacon1be, Coke and Ward yesterday re-
versed Judge Holt. They say that the fine does not
thorizes the court 10 over the amount OF the
dne when collected 10 some person pecuniarily ag-
Erieved by the offending conduct The decision
adds that the state court should be left free 10
enforce the penalty il has imposed"
n the brier before the Circuit Court of Appeals
counsel quoted sore ancient English debtors law,
y which this OF the passages
We have already adverted to the early attitude
a society toward the debtor We further recall
hat as late as z James I II was provided that
oeotors who could explain justly the causes OF
their insolvency should stand upon public pllIoTy
and have their nailed thereto and then cut on
And further that il their insolvency should appear
% be due 70 fraudulent practices they might be put
20 death.
Neither of these things Is 10 happen 70 Koronsky
but there is before him this puzzle Within ten days
he must pay TO the City Chamberlain the 81 75s
fine snd enough more TO cover the costs of future
litigation 60 jail In his petition be adJudged
bankrupt. he said that he willing 70 give VI
his TIVE suits OF clothes swearing that he had moth
ing more
The litigation thus far for the collection of the
original claim Of q IA has cost something like 500
MEXICO INHABITED IN STONE AGE.