A Review of the Present Position of Bankruptcy Legislation in England And the Un

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Then it is that prefer- ences are created, goods secreted, and relations and friends favored. Then it is that debtors try to put some- thing away, instead of giving it up bravely and honestly. This should be prevented, and u receivership is the only means. As to the question of judges, I sincerely hope the proposal of the Senate bill, relegating the jurisdiction to the Federal Courts, will be maintained. The appoint- ment of cheap judges, of Commissioners in Bankruptcy, a sort of hybrid between... a judge and a registrar, is sure to bring in all the abuses which made the last Act so obnox- ious. But on the main point, as between the Senate and LOWELL bills, I would suggest the following compromise: Let the creditors take the estate, and let the Court deal Avith the debtor. If creditors mismanage the liquidation they will suffer, not society at large ; but if creditors make a bargain with a dishonest debtor, and his friends, in consideration of a few cents in the dollar, are allowed to compromise mercantile fraud, then society is injured, fraudulent debtors go unpunished, and the tone of com- mercial morality is lowered.

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