The Birmingham age-herald., 1915-08-03
YEARLY REPORT OF
 BANKRUPTCY COURT
 IS FILED BY ALLISON
Over Fourteen Hundred Cases Disposed Of, Great CT Part Being for
 Small Amounts

Report of the bankruptcy cases filed In the United States court of the Northern district of Alabama for the year ending June 30. 1915, has Just been completed by Maj. Charles J. All lison, clerk of the court, and forward ed to the department of justice at Washington. The report Is extensive and shows a vast volume of business transacted In the bankruptcy court. It is stated that Birmingham ranks third in the United States In the volume of business transacted when damage suits. criminal and equity eases are included. The other cities are New York and Chicago.
 The report shows that during the past year there were 1416 bankruptcy case filed as against 1041 for the year ending June 80. 1914 A large number of cases were for comparatively small amounts and were filed by wage earn CTS. While there is nothing In the re- port to indicate 1t 1t Is stated that the sarnishment laws are responsible for large majority of these cases
 Of the 14l6 petitions filed 1855 were voluntary and 61 involuntary 11S7 voluntary cases were disposed of and 31 involuntary. The other cases are still pending. Of the cases disposed of 61 l voluntary petitions were for amounts less than 5000, III voluntary and 10 1 involuntary cases were for amounts ranging from 5000 to s10.000, three voluntary and two involuntary cases tn l s20,O00 and eight voluntary and IS in- voluntary cases for amounts over $2o,- 600.
 The reports show that b39 persons who filed voluntary petitions were | olassed as wage earners 82 as farmers, l ST voluntary and 15 involuntary as merchants, four voluntary and six in voluntary as manufacturers, two vol | untary as professional and b9 volun- tary and four involuntary classed as miscellaneous. The voluntary liabilities of all cases total S1,600, ,669,55 and in- voluntary s1,O41,4S2.65. The assets vol
 untary, s20235S and involuntary, S486,979.3s. The report also shows the I distribution of the assets
 
 rently reported that the lessees are not making any money, and find 1t difficult l to pay rent out of the earnings from the operation of the hotel. Would 1t be falr
 for the law makers of Alabama to enact | a law which will in effect destroy the l security which the building company has | for the rent.
 Many Such Cases
 Another illustration The owners of a valuable piece of business property have | but recently made a lease contract for a 1 term of 10 years for building to bt | erected at very large expense, and the l only security given for this valuable property Ga building to be erected ex- pressly for the needs and purposes Of | the tenant Is the good name of the con
 cern and the landlords lien upon the fur nlture and effects that is to go Into the I building. Would it be fair and right foi l the Alabama legislature by one stroke 1 to destroy such security? We migh' enumerate and call your attention to many
 such leases, but the two cases referred ts
 are sufficient to illustrate the idea of the l injustice to the landlord in the enactment
 of such law.
 1 "As we view It. the interest to be | served by such law Is the unsecured l creditors the bulk of whom live In New York and other northern cities and whc | sell goods to our merchants. Under the law as it has stood for all these years
 they have not hesitated to sell goods tt
 worthy and reliable merchants
 "Viewing this subject from another
 standpoint we speak from experience thai the average landlord is disposed to grant | favors and extensions for payment or rem l to a tenant in times like these rather than force failure in hts building. we
 believe that the priority of the landlord :
 lien has served to save many merchants l hpnU forced into bankruptcy by unsecured creditors. We have among us what arc known as pro lfesslonal bankrupt lawyers who are read, to bounce upon unfortunate merchant
 and 1t Is often the case that realiza | ton of the superiority of the landlordi lien incurs other creditors to grant fur ther favors and extensions.
 "The introduction and passage of th bill by the house escaped the attention of those interested, 1t being simply al amendment to an old law and not full, set out so as to call the public's atten ton to 1t. We. therefore. are encourage' fin the belief that both the senate ant
 house will be inclined to give further con sideration to the bill before it's final pal
 gage.
 If such bill is favored by majority O the legislature, we would respectful.
 suggest an amendment which will make 1
 possible for the tenant to create th landlords lien by written contract, ant
 still another amendment providing tha
 this law shall not be operative as agains leases already in existence"
 Our attention has been called to let ter which has been written on this sub ject by E. J. Smyer, who is one or ou most conservative. thoughtful. faires ] and honorabl attorneys. as to the effec such law will have on the tenant. , We respectfully request your carefu } consideration of the objections hereil , pointed out to the pending bill and pra, l that the same shall not be enacted int law. Yours truly,
 : I.EGTsLATIvE COMMITTEE BIR Il MINGIIAM REAL ESTATE FIX