Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-07-19
MECHANICS, LIEN.
Objections Urged Against the New
Law-lt Is Said to Benefit the Law.
yers More Than the Clients.

To the Editor of THE EVENING STAR:
Relative to the Lien Law" recently enacted
and published in your paper on the 14th inst,
it is certainly the desire Of every upright man
that the labOrer, mechanic. and all others.
who work upon, or supply materials to build
ings should receive their honest dues, and a
law carefully framed to reach that end is COM
mendable, and beneficial alike to the honest
builder and owner, but am afraid the recent
law, like most Of the enactments for this Dis
trict by Congress is faulty, unsatisfactory and
annoying.
In the first place what is the meaning of the
proviso in the first section, THAT said lien shall
not exceed or be enforced for greater sum
than the amount of the original contract, &c. ="
trust that some one Learned in the law" will
explain this proposition Suppose the original
contract to build is $1,000. and the owner pays
the brick mason through the contractor $500,
and when the building Is completed, and before
other payments are made, the carpenter,
plumber, and painter each file for $500 for work
actually done. How much does the owner then
have to pay to discharge the liens?
Section provides that liens may be filed dur
ing the construction, or within three months
after the completion of building or repairs
When, how and by whom, is the date OF the
completion to be decided. Suppose building
is practically finished in April. but latrobe
mentioned in the original contract is not put in
until it should be needed, say November follow
ing, will it not furnish fees for lawyers to
settle the date Of completion?
Section provides that any person entitled to
lien may commence his suit to enforce the
same at any time within one year from and after
filing the notice but no final adudi-
cation shall be had until all persons who shall
become interested in the building subject to
such lien shall have an opportunity to be heard
in said suit.
Now, will not the effect of the law be that
after the date of the completion of the building
shall have been fixed that the estate will be
practically bound up, encountered or its title
clouded If q lien is filed (nO matter how illegal
or fraudulent it may De) for period Of at least
fifteen months and perhaps much longer by legal
contests, appeals, delays, &c3
While 1t may be said that there Is provision
in the law permitting the owner of the building
to file written undertaking" with two or more
sureties who shall be worth double the amount
Of the demand, DC, such proceedings do not
fully 'unclOud" the property with the most SOL
vent Of owners and Sureties, while If the owner
happens to have all he is worth in the building
In litigation will 1t not oftentmes be impossible
for him to secure sureties and protect and use
his property by written undertaking?
There are many other objections to the law
bill seems to have been drawn by or enacted for
lawyers without clients with the desire of in
creased litigation, that tees might come to them.
Ii the law provided that liens should be filed
within thirty days after the material was fur
nished or the work performed. and then that
suit must be commenced within thirty DAYS
after for the enforcement Of the lien, some of
the prominent Objectionable features Of the bill
would nave oeen removed. A. p. +.