The Madisonian. (Richmond, Ky.) 1913-1914, 1914-02-17
TUESDAY, FEB. II, 1914.
COLD CHECKS

Last week we discussed in an
editorial the bill now pending in
the Legislature in reference to
cold checks" At that time we
did not have the bill before us,
and discussed it from newspaper
reports. Since then we have had
an opportunity to read the bill,
and we print it in full herein be-
low.
We adhere to our opinions. It.
is a drastic measure which makes
criminal of anyone at the option
of a bank clerk, if one should by
error draw a check which exceeds
his balance, provided said bank
clerk wants to turn it down. For
instance a farmer living in the
country, knowing that he has
money to his credit, which we
will say is between four and five
hundred dollars, wants to close
out a deal then and there. He
does not know his exact balance,
but he draws his check in good
faith and exceeds the amount he
has on deposit by a few dollars.
In this case it is left to the bank
to say whether or not he shall be
branded a criminal. If it pays
his check, he is not criminal. If
it turns it down, be is criminal,
unless he can make his check
good in twenty days. Misfortune
may oVertake him, and he may
not be able to make good; there
fore, under this drastic law, he
becomes a criminal, subject to
confinement in the penitentiary
from one to two years, because
the law provides that the drawing
of the check shall be prima facie
evidence of a wrongful intent.
This reverses the whole current
of criminal law, and places the
burden of proving his innocence
on the defendant. 1t is clearly
unconstitutional.
Such a law is shocking to the
moral senSibilities of the whole
country, imposes great burden
on the transaction of business
and benefits no one in a substan-
tial way. .----~------
AS before said, overdrawing is
merely borrowing money, and is
an honorable business method,
which has long been recognized
by the business community, by
all the banks, and upheld by the
courts.
This bill should be defeated
because itis an unreasonable in
reference with a well established
business custom of long standing
The bill is as follows:
"Be it enacted by the General Assembl,
of the Commonwealth of Kentucky:
THAT any person who with intent to de
fraud shall make or draw or utter or deliv
er any check, draft or order for the pay
ment of money upon any bank or othe
depository, knowing at the time of sucl
making, drawing. uttering or delivery tina
the maker or drawer has not Suficien
funds in such bank or other depository 70
the payment of such check, draft or orde
in full upon its presentation; or
who after having made, uttered or dc
livered any check, draft or other order 70
the payment of money upon any bank o
other depository, shall withdraw or caus
to be withdrawn, the money or any par
thereof to the credit of the maker of sue
draft, check or other order for the paymen
of money without leaving with such ban
or other depository sufficient sum to co,
er such check, draft or other order for tn
payment of money. shall be guilty of
misdemeanor, if the amount of such chez
or draft be under twenty dollars, and upo
conviction thereof be fined not exceedin
one hundred dollars, or confined in tn
county jail not less than one day or NOR
than thirty days, either so fined or in