The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-04-05
LAWYERS OPPOSE
PRISON DEBT LAW
Seek Repeal by Constitutional
COnventiOn-Tell Of
Abuses.
AGITATION GAINS FORCE

The agitation for the removal er,-r
tho statute books OF New yort s,s.
Of laws permitting Imprisonment, 70.
debt has aligned many justtces an,
leaders Of the bar Of the STATE aes,r.,
such snactments and win undoubtedly
lead to appropriate action a. the ON.
stitutional convention
Abraham g. Gilbert COUNSEL "a
Sheriff Grffenhagen. whose Office :,
obliged to enforce tho laws. II tak,nt .
leading part in tho campaign. and a,
result OF his intimate knowledge o. N.
workings Of such measures ne has found
several instances OF abuse, In nearly
every instance tho victim has been too
poor to give bail and arrest has mean,
a jail term.
Under the present law a person NAV
be arrested to recover a fns or pen.
atty. 70 recover damages for psr.
sonsl injury or injury TO property or
TO recover Jroney or property con.
verted or m1sapplied and In fraud 40.
tons where tho plaintiff cannot 70.
cover unless ne proves the alleged
fraud. In such cases the defendant
may b confined In Ludlow stres, TAI,
for six months for debts OF moro than
$500 and three months on judgments
less than that amount In soma cases
the defendant may give bail for 90.
called 'jail liberties" which requires
him to remain In the county where no
IL arrested until tho matter Is finally
disposed Of
Abuse I'm Islander Action.
Ono instance Of the abuse Of the
law cited by Mr.. Gilbert was IN Q
Islander action by a woman against .
man. Tho Defendants bail was axed
at 5000. but he couldn't give Il and
stayed IN Jail from December 10 March
being unable to hire a lawyer or De.
fend the suit The woman could have
had the case disposed of In January, bu,
the plaintiff made no move The de-
PENDANT got out eventually and whsn
Mr.. Gilbert investigated he found thai,
friends of the defendant had taken up
a collection OF s3450 and given II 70
the plaintiff. who then aided his release
on bail
In discussing Yesterday ne reasons
why New York state should follow the
lead of other States In removing I'm.
prlsonment for debt from the statute
books Mr.. Gilbert said
1T is unnecessary for me 20 draw any
differences from the facts as ! have given
them. They speak for themselves In
the great majority of cases OF arrests
pending the action and before 1udgnen.
bail is furnished with little delay, but
quite frequently we find poor defend
ant in Jail under circumstances similar
10 the case ! have just mentioned. the
fact s that the process OF arrest hears
heavily only upon the poor and friend.
less II never seriously concerns the
wealthy defendant or the defendant
who can call on friends to give me
necessary bail"
Between January and March 20 theS
were th!rty-four defendants arrested 10
New York county for failure to pay
money judgments. Several OF them are
stul IN tail. The amounts involved are
small. some of the defendants who gave
bail and VINO ore enjoying the liberties
OF the jar deserved TO be actually con-
fined in the county jail quite as much as
those defendants VINO are unable 20 CIV.
bail. II 4 be the policy OF the state %
,mpr!son for debt. why have tho faroNal
procedure OF bail for jail liberties? Those
able 70 give bail snap 'helr fingers az
the law. and those unable 20 give esN
have cause 20 wonder why there shou q
be one law for the friendless ami
another law for the influential