New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-09-27

On Aueust 81 1917, there appeared III 'no
columns Of this paper an article by myseii
on the above subject. Since this time IL mas mas
been reported in the newspapers that vi.
covering a virtual moratorium IN FAVOR VI
| soldiers and sailors in service has been IN
troduced in both houses Of Congress ana
| is at present receiving attention. ms pro.
| posed bill seems TO take up suspension OF
the obligations Of all men in the service
and includes among other things the suspeh-
sion Of suits pending against them, the sus'
pension Of n landlords right to eVic' 'h'
family OF the soldier or sailor from prem
ises formerly occupied by said soldier OF
sailor, and generally the suspension OF all
civil obligations resting upon those VINO are
| in the service Of the army or navy.
Il was my purpose in my former article
| merely to outline a situation which In my
estimation demanded immediate attention
/ did not in express terms advocate mora
torum, but rather suggested that 1T was one
form Of remedy, although possibly not the
only one. did not 60 into the question
as to what considered to be an appropriate
law, nor into the practical effects or results
Of legislation along those lines. 1t is my
present purpose to outline the various
phases Of such law, the various conditions
or limitations which appear to me 70 Dc
essential, and the method or framework OF
procedure Hereunder.
Must Be Conditions
OF course. a broad, general moratorium In
| favor Of all drafted men and covering all
| liabilities, Of whatsoever kind or nature
| would be. in effect, as illogical and unjust as
! no legislation at all. In order 70 work out
justice certain conditions should be imposed
upon every drafted man. Furthermore, GER
tain kinds Of obligations should be excluded
! For instance, under the question Of leases
a drafted lessee should not be entitled to
! cancel his lease unless he takes this action
within q specified time after the drafting
! has taken place, or at least within speci-
fed time after he has received the summons
/ to appear for physical examination. Other
wise his landlord would be kept in needless
suspense as to the disposition Of the leased
premises which would be a decidedly unjust
situation and absolutely unnecessary.
I Again, the moratorium should cover only
/ such obligations of the drafted soldier as
/ had accrued prior to the occurrence Of the
! drafting 1t would be decidedly illogical and
unfair to expect the law to protect man in
mourning obligations with full knowledge OF
, the situation In which he has been placed.
= Furthermore, drafted mortgageor, foi
example, should not be sbsolved from pay
ing the interest and other running charges
accruing under his mortgage, if the property
is 80 situated that it would readily carry the
mortgage without the actual presence Of the
! GRATED property owner. This, of course
: would not necessarily imply that it would not
| be Just to suspend the payment Of the prin-
| cpal sum of the mortgage on the date due
, In some cases the suspension Of this princi-
pal sum would be a necessary and advisable
/ protection, while in others it would not.
/ Each Case on Its Merits
! Also, taking up the question of drafted
business man owing large sums of money to
creditors, who would be found perfectly
solvent IL given sufficient time to carry ou'
contracts which he has on hand, which con-
tracts he is unable to carry out by reason OF
! his having been drafted into the army il
would be unnecessary, and consequently un-
wise and unjust, TO suspend his obligations
I to creditors il he has a partner who is not
: drafted and the continuance of whose active
participation in the business of the firm
would sufficiently protect its assets. Other
situations might be disclosed in businesses
which would render IL as unnecessary to sus
pend their obligations, as in the case Of the
existence of partner. Each case should
be determined according to its special cir
cumstances.
/ In addition TO the foregoing, submit that
it would not be wise or logical to suspend
the payment of obligations accruing upon
claims for damages caused by wilful wrongs
of the drafted soldier. This, for example
would include all tort liabilities. such as as
sault and battery Islander, libel, malicious