Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-02-14

Tar
VIII nave one or more liens TO paw or which
ADDS 10 the cost OF his house. Under mi. law
ne cannot DO better he does not know how:
none but experts can, and they cannot tell N
every claim is paid. The old law worked hard
sllps ana wrongs; The new Law. ior the same
reason. II innnitelS more objectionable. Under
me new law II makes building operations nm
sale and hazardous. IL makes in unsafe 10 a.
vince money Tor building and repairing pur-
poses. or 10 make contracts to have builaings
erected, and thereby directly dimtnishes huiI1-
ing operations ana the demand Tor labor and
nialeflal. III can safely be estimated that -, or
go per cent OF the building done In WASHINGTON
S = win borrowed money; The present bin was
@ maeIa Hp aaa ~ some lumber and
III WAS not lntendeN for the benefit OF iourueymen
MECHANICS and laborers, and they took no part
upon them cannot be otherwise than iniurious
The amendments some time ago intnoducpd
INTO the Senate and House, and referred TO the
law. N oAN
WHAT Il NEEnED.
The amendment have drawn up which Ia
now before Your committee, believe is a great
improvement upon the old, and takes away the
oiJectonal features OF the new law The
amendment provides that any contractors sub
contractors, material men, labor or mechanics
or other persons furnishing material or labor ON
"a mouse or improvement shall file notice 81
llei AT the time or after entering into "A con-
'riitl or AN agreement 10 build or furnish labor
or material. said notice can be filed hetnre a
iick y struck or dollars worth Of material IL
iurnlsileu ms lien, or notice TO the world in
that the property will be held for All amounts
dne or 10 6eoOsne due under the agreement or
contract after filing the notice and AN other in
shall be subject thereto.
1t becomes the duty of person upon entering
I'M" an agreement or contract for any amount
OF Labor or material. to notify the world of fhe
TACT that he and the public both may properly
DE protected. Nothing should affect The iii az
real estate unless IL is a matter of record where
the public can find ii, and have some notice or
warning.
lien LAWS ELSEWHERE
have taken the trouble 10 visit the Sunren,a
Court law library and examined all the ma
chanics lien laws Of every state and fr,m tba
Information thus gained, and FROM NV expert-
ence and observation in such matters and con-
sdering the just and equitable rights and pro-
lection entitled 10 by all, am OF the opinion
that the amendment now proposed, il adopted
would secure To the peonle Of this District tbe
best PRACTICAL and just lien law in force in the
United States.
No propo. ition can I've more certain ana plsin
than that any measure or law adopted that
faakes building operations, large and small un-
ducly and Inn.,N tsarily difficult and hazard
Gus, VIII surely and correspondingly lessen the
amount invested in building. Now as building
ttsnsaclloiis nave become, we may say, one ~
Feeding S3.sO0.ooo in the District and increas-
ing assessments over $4,000. 900. any measures
that lessons The amount OF building one-fourth
or onc-haif more or less of course greatly affects
every branch of usiness !n the city as there il
Just that amount less money expended here f,r
labor, material, etc, that would again be paid
out in every direction for the comforts ard
recessaries for living.
The lumber and material men, who caused
the psesent |: W To be introduced and passed
sought uni, lei iionally, believe I'm a very nm.
just ana nfortunate measure. TO secure profec-
ton in Their own particular trade, and ia their
effort have unquestionably secured To fhe,a-
setces eacfas.1e and absolute protection without
que regard Tor she Just and equitable rights and
protection all business interests are proferIy en-.
titled TO. They .an sell lumber and material
now 10 everybody without caution or care i'm.
a. moi lad
tunate persons, knowing, and perhaps not car.
ing whether they pay or not or who are Injured,
their bills from the property OF innocent peopla
L have been :oid 10y several lawyers OF nstionsJ
reputation for learning and ability. that this
law is purely class legislation and unconstit,I-
tional; that in providing for filing a lien three
months after the performance or completion Of
contract the law is retroactive and annuls pr1-
vate contracts.
VIEWS OF GOV. CLEVELAND
A similar law was passed by the New York
Legislature last year. 1t fixed four months after
completion of contract to file lien. The bin
failed TO become a law as the governor now
President-elect Cleveland, refused his signature.
L quote the governors reason for his action
viz: Il notice two features In this bill which I
Ihlnk oelectlonahle CROUCH TO warrant me ia
declining to sign ii. LIST. IL gives TO all par
ties having claims four months after perform.
ance OF work or furnishing OF material to file a
lien. I'd. III allows on proceedings to enforce
the lien the same costs as In foreclosure cases
not be allowed
Several who were interested in the massage of
the law here say that the same Jaw exists in
other states. This statement, however, is no
argument in its favor. There are many un,
desirable and unwise laws in ether states that
we would be sorry TO have enacted and in force
here. For instance, theaters circuses etc are
licensed 10 perform on Sunday In some Of our
western cities. Gambling is lie: nsed In one of
the large southern cities. Divorce laws it is
well known, exists in one or two states under
which a man from another state can secure a
divorce from his wife without her having any
there 9r a or hns and
eral states.
Occasionally we hear of laws being erawn by
men 10 protect or promote some particular bus
mess interest in which they are engaged It
introduced and passed in the state legislature,
and publicity, and without attracting partio-
ular attention. They, like the few supporter0
of the July lien law, arrived at a. solute protecl
ton and advantage -thout proper regard for
the due rights and protection, as i have said,
that other citizens are entitled TO.
BOOMERANG LEGISLATION.
A year or two passes, after the enactment OF
ouch a law;they find their business is materially
falling off, trade is dull and the last cause that
enters their minds TO ascribe IT to, is the very
bill that they, themselves, engineered through
their legislature which has so unfavorably
reacted upon them. This is exactly the charac.
ter in my opinion, of the lien law passed last
July and now in force in this District. The
present law in fact, will benefit but one class OF
number, viz wealthy builders who are able to
build houses and wait until after their compile
ton, before asking or receiving any payment
They are benefited by shutting of and nos com,
peting with The many worthy, honest buildere
who are not able to take contracts without re-
ceiving pay as the work progresses, and there
fore they and those they employ are injured. a
number of those who favored the passage Of the
present law, that i have lalked witt now see
the mistake that has been committed, and are
ready and heartily willing to favor The passage
OF the proposed amendment
The interest / take In this measure IL that of
citizen of Washington, where his Interests arr
located, and as an officer of association COM
posed of several thousand share holders, con-
stituted OF persons OF limited means and In
come in every trade and profession, who arb
striving to better their condition In the world
by small savings and securing homes. While
the transactions of the association, at large, are
undisturbed by the Jaw in force, Il affects the
individual member identically as II AFFECTS peo-
pie generally, embarrassing and preventing
them, In a large degree, Gom building and sscur
ing houses. Large building operations viii be- in
my Judgment affected less than small buildings
But projection and encouragement IL more iu3p
portant to those who need and are only able %
build and procure small houses than to those
who erect on q grander scale.
The Charges Against DE-. Newton.
From the New York World.
Assistant Bishop Potter II said. on reliable
authority to have disposed Of the charges of