The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1910-12-03
TRUSTEE PROCESS BILL
Senator Gordon Defends Measure to
Carry Out Party Promise

lowing for publication in relation TO
the trustee process legislation;
Senator Cushman has published the
defense OF Senate bill No. 20. known
as the trustee bill. He claims for il
some peculiar virtues. Among other
things he says II will secure credit
to the laborer, that it will not per
nit and almost induce a man TO be
dishonest" that ii will be mutually
beneficial to creditor and debtor, that
it will make conditions perfect and
complete harmony be maintained"
that ii will be best for the wage earn
er and best carry out the pledge of
the party. If the bill could fulfill all
these claims, it would certainly be
an ideal measure.
But we do not believe it would ac-
compish any of the objects claimed.
In considering this question. we must
view it from practical standpoint.
Under this bill, the employer is liza
BILE to pay 10 per cent Of the weekly
wage of an employe to judgment or
creditor on any sum, no matter how
small. Ii the judgment were for
debt of one dollar and costs the costs
would probably be five dollars and
the total judgment would therefore
be for six dollars; or five times the
debt or an increase of 500 per cent
This result alone is sufficiently aston
ishing to make the ordinary individ-
ual look at the Cushman bill second
time but it probably has no lettering
effect on its advocates. They do not
seem to realize what an opportunity
would be furnished for Shylock
creditor to Cypress the honest debtor.
They assume that all debtors are dis
honest, when in fact the great major
ity are honest or supposed to be so
by their creditors or else credit would
not be given The prudent merchant,
does not now trust a person known to
be dishonest If he does, ought we
to pass a law that would open a door
for the oppression of the honest? If
so, why not go back to the laws that
allowed Imprisonment for debt or
little farther back 10 the laws that
permitted the creditor to sell the
debtor into bondage?
There is another phase of the ques-
| ton that does not seem to be taken
into consideration by the advocates
of the Cushman bill. AS a rule the
lower the ability of the debtor to earn
wages, the lower is his ability to re-
sist the temptation to run In debt
Such wage earners are more inclined
than their stronger brothers TO incur
debts beyond their ability to paw.
The pushing vendor has them in a
large measure at his mercy. He
would be willing to push his bargains
with greater credit If he could rely
upon the oppression that would be
1 furnished him by the Cushman bill
for the collection OF his debt We
have passed many laws like our fraud
and temperance laws. TO protect men
against their own appetltes and
against frauds that they do not have
the ability to guard against Why,
then, should we not shape our laws
so as to give no further advantage as
the Cushman bill would do, TO the
grasping or inscriptions vendor?
The vendor. as a rule. is shrewd. The
purchaser too frequently is simple
and unwise- ANY person who has
had any considerable experience in
the collection business knows how
true this Is. Any law that guards the
! simple or unwlse against oppressive
remedies with penalties Of 100 TO son
per cent by way Of a bill Of costs is
as wise and humane as laws against
/ fraud. intemperance or cruelty To an.
lmals God makes many Of ms sim
I pie. We are not TO blame. The cred.
itor knows the fact Let him be.
ware
But Senator Cushman says his bill
has powers Of iransmutation: that II
VIII make the dishonest honest This
effect OF his bill must have been re-.
yealed IN a vision, for 70 Is not based
{ upon any actual or known experience.
The biz does not provide for a trus.
tee process at all 70 provides for
supplementary proceedings IN the
. nature OF an execution. No wages are
held for attachment as under our
present law. The filing Of a conv Of
the judgment with the employer on.
crates as levy upon 10 per cent Of
the present aud future wages until
the judgment is paid. Before a
Judgment can be obtained. at least
six DAYS notice by way Of summons
must be given to the dishonest cred.
itor He has six days notice 10 ali.
scond. DO YOU believe the dead
beat will wait for the filing OF the
judgment before decamping. because
as Senator Cushman says, OF the sat
isfaction that he is paying his debis?'
If the satisfaction" OF paying his
debts could have the effect on him
OF making him honest after large
bill Of costs had been added to the
debt why would not that "satlsfac
ton operate with the same efficacy
before the costs were added? Would
not the very fact Of greatly increas
ed debt stimulate him To evade pay
ment" One OF the great objects oil
Legislation should he. rs Gladston,
SAYS. "tc mako g. easier for men 4
do right" ~ vor make II easier fol
man TO pnr his debts by increasing
them manifold The claim that m,
bill would prove a moral touchston,
is absurd In the light Of experience.
But there is another party, the en-
ployer, that must be reckoned Will
in considering this bill. BY its pro
visions he is put under new and bur
densome obligations Under on