The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-09

from the dishonest. II must be made
more difffcult 70 obtain a discharge
by that ! mean the burden OF proc,
necessary to be brought forward on
the part 81 the objecting creditor
should be Of such a degree that when
u has been proved 10 the satisfaction
OF the Judge that prima face reason
exists for the refusal Of discharge
then the granting or tho refusal Of a
DISCHARGE shall be within his Honors
discretion under the particular cir
cumstances Of the case before the
court
AS the law stands to-tay the PROC.
must preponderate n favor o. the par
ucular misconduct charged, the bur
den OF the cost and expense II borne
ny the ceJecting creditor. and we are
race 10 race constantly with the spec-
'acie OF seeing the Judge time and
arsin forced by the mandate @. the
law. not by the dictates Of nj. own
conscience. 20 give back TO a oankrupt
MS name and ali that eoes with Il
iou and ] and the Judge know, IN.
man u crook and a menace 10 hon
EST commercial life: still! the law
throws him back 20 Try the came tricks
over again.
Now i come TO that colossal pur-
veyor OF iniqu!ty. that institution n,
fraud which has robbed ana 4, rohh,ne
the merchant OF his FOODS m. cr.a,,
man OF his business persp,cu,,y ara
sometimes OF his 1ob-the false anan.
c'ai statement. The remedy lie. IN s.-
curing ~ universal business ada n-e
'lon standard form 81 Anancia,
statement. requiring Il 20 be filed oil.
~ certain way and sent in A certain
way that IL through the United s.,,es
nails and providing by State law ths,
the swearing 70 a material -na,,s- a.
'nh' statement knowingly would ON.
su'u'e the crime Of perjury.
IL should be zealousiy adhered %
oF every credit organization through.
ou' the length and breadth Of the com
Try that no merchandise p. S-v.- ~
credit TO any merchant. no ms,.., 49,
small the amount. before ma, NO.
Ncular Statement, IA filed on, Z, ~.
particular manner. and sen. IN .hs.
particular way, so that either .he s,s,a
ovur. or The United States cour.
"hether BEFORE or after nank-ln,cv :,
couId be proved tina: the person ua.3
"!nui!y - secure credit rs,,,r
should decree thst that pe-,o, .hor,,
go 10 jail ''''u'o
me most on~rous task the United
District Attorneys office hs.
nao 10 contend with was no, IN. diS-
noui'y OF the particular case. which
nave come before II for action I'm,
the utter inadequacy OF the penal Mr..
VISIONS or the act and their ,n.h,l,,v
10 cover the manifold forms n, ,o,,,,
mercial dishonesty. Womb "a.
seVera! suggestions In IN, a-s- ,,,.oa
l would suggest that when A hsntr,,r,
Is fugitive from .us.,c. tire ,,,,s
during which he resides ou,sls. M
jurisdiction Is not 20 be considered :,
computing the time within which ~.
statute OF limitations shall h. . ho,
10 a prosecution.
inc bankruptcy cot INV orc,1a..
Tor one year limitation within wns,n
onences can be prosecuted An ac.uai
Illustration OF the repugnancy "a ,,,.-
tioe and reason which follow. ,-o-,
ruch a provision is the rs.ren, p.,o,o1
WIZ case. There the defendant etol.
Upward OF $4,000 from the estate IN
bankruptcy a week or two before the
petition was filed.
he ned the Jurisdiction some we.ls
before the petition wa. filed ana was
absent for about four years. Tho Gov
ernment@sone months AGO secured in
formation as 20 his whereahou,s
WITHIN the Jurisdiction and shortly
thereafter prosecution was commence.
charging the bankrupt with a con-
cealment OF assets from his trus,e.
IN hankruptcy.
me indictment, after an exami-
nation Of the authorities ana the law
Anvo'ved, was short time aro An.
nuI!ed because there was no proy,s,on
such as ! have outlined above IN ,he
bankruptcy act Here We have a spec.
facle OF a crook, so sticma,,zea a,so
ny one ~ his many counsel because
ne perpetra'ed his fraud n a par,,c-
uiariN shrewd way. who r. free TO
roam the streets and IL immune from
prosecution. BY the enactment Of the
above provision such a mockery OF
justice will cease.
In the second place I would ur-
gest that the Limitation within which
prosecution for Violations OF the pena,
provisions be commenced should h.
either three years from the date OF
the commission Of the offence r one
year after the discovery of the COM
mission Of the offence. Very often a
discharge II secured or a composition
Is put through before a concealment
IL discovered. could cite case after
case where under the most reprehen-
s Bile OF facts a bankrupt has ESCAPED
Just punishment on account OF mi.
provision OF law.
THE adoption Of tire. year lin
itation would he long step toward
bringing within the teeth ~ the law
most OF the fraudulent cases IN which
rarely, II ever. are the facts which
would warrant criminal proceeding
discovered more than two years after
the institution OF bankruptcy pro-
ceedings
81 suggest further that 1, NAV he
possible to use in criminal prosecution
the bsnkrupts testimony given dur
ing the examinations in hankruptcy.
The provision OF the act denying this
right has been held ny Judges 10 he
and pernlcious in It. an
plication. II tends to the commission
Of perjury on top q prior perjury and
oftentimes actually results in n mis-
carriage OF Justice.
AN Illuminating example may he
found in the Karp case, which was
tried about one and a half wears AGO