New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-09-27
4 Moratorium for Drafted Men
Suggestions for Bill 10 Relieve 4 hose IN inc eo"'"S
Bv Robert Neiier

rrosecution. seduction or fraud. IL ~ MOI "
be sunnosed that the law il to protect man
in anv Gaze where the obligation has peer
brought upon the obligor's head by reason VI
his deliberate wanton or wilful ACT.
The moratorium, to 90 further, should Ger
.ainlv not include claims upon which JUG
men,s had been rendered prior TO the oceu,
renee Of the draft, or claims upon "hioa
suits had been brought and when are ho'
yet reduced to judgment although unso"
tested. In these cases the drafted so'o,e''
having eyinced an intention not 70 pay NE
creditors irrespective and apart from 'n'
law. should not be sanctioned by tne IN" :"
his attitude. This, OF course, should nov III
clude contested suits, which should De sus
pended until the actual return OF the drai'e"
defendant.
Petition To Be Filed
An important condition which supm,H
should be imposed under the law, "hlc"
should cover all cases, should De tne o,o
that. in order for the drafted soidier W
take advantage Of the law, some dehh''e az
ton should be taken by him WITHIN spe.
fed time. This, | suggest, could De do"e W
compelling the drafted soldier, IN otder "
take advantage Of the law, to ME win Iie
United States District Court. IN tne u'stit.
wherein he resides petition, wnich 'n, *,
be termed a petition for suspension ine
debtor in this petition should specify 'ns
date upon which he was called Tor physea'
examination under the selectlve SERVES ~
the number of his local board, ms SerlA,
number and his order number in his local
d;,ision II should also contain his business
address and a full statement Of his assets
ryIth
statement taking in all the afair' ana CIR
cumstances Of his business. 1t should aiso
include as to each particular onnsa'io"
which he desires to have suspended unGer
the law a full and complete eXpiaha''o'
showing the necessity therefor.
immediately upon the fling OF this petit
.ion Tho court should order that all creditors
affected bv this petition should be given no
,ice of hearing. either personally or by regis-
tered mail and that all such creditors shouin
annear and be made parties to the proceed
ING. and should show cause to the court why
the nrayer of the petition should not DC
granted as to the claim of each respective
creditor
Court Should Supervise
On the date Of the hearing the judge, or
referee duly appointed by him for the pur-
nose. should examine the petitioners books
should take whatever testimony might be
necessary or advisable. and thereupon rem
der a determination, either denying the peti-
toners clam entirely or granting the same,
either conditionally or upon such terms ana
conditions as to the court might seem JUST
and proper in the premises. The court should
tben make an order covering the drafted
debtors entire situation, which order should
include a provision specifying which oolga-
tons were suspended and which continued
and specifying also any terms or conditions
upon which the suspended obligations were
70 be revived, IL any there should be. inns
order would then determine everything, ana
would prevent further questions from arising
in the future The great desrsbility OF nav.
ing all the debtors circumstances thrasheo
out in single proceeding Is too clear TO
need any argument. law providing that
court determine the various questions arls-
inc in each narticular case is clearly prefer
able to a law which by its terms attempts
TO decide the various questions without a
judicial proceeding, since | submit II would
be futile to take into consideration In the
law itself every possible situation which
might arise. Furthermore, a law, in order
to have definite and final effect, would have
70 be tested In the courts This would mean
that each particular claim might come up In
court separately, each creditor attempting to
assert some reason upon which he bases his
contention that the law does not cover his
case. 1t can readily be seen that this might
lead to a multiplicity Of suits and judicial
proceedings, which would be particularly I'M
desirable at this time. The judicial proceed
ing which have attempted 70 suggest above
would free the entire situation from these
Objectionable features.
1t has not been my purpose, In attempting
to convey the above ideas, to force my opin-
ions upon legislators, with whose work
have never been we'll acquainted. II il sim
ply my intention to express various ideas
which have occurred to me and which feel
might readily be brought to the attention OF
those who feel themselves interested.