The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1885-09-23

tinual strain he has been compelled to
undergo, that he is ready to Law down and
die. What benefit, then, is the homestead
! exemption to him? True, there are some
belonging to this class, who, by the exercise
OF the most rigid economy, depriving them
selves and families OF the actual necessaries
of life, to say nothing of the comforts and
pleasures sacrificed, who nave in q shorter
/ space of time succeeded in buying lots on
the outskirts of the city and building
thereon small, inconvenient houses, barely
sufficient to shelter themselves, their wives
and little ones from the rigors Of the ele-
ments. Such properties seem very little,
ii any, credit to the owners. II they desired
credit Tor any amount prOportionate to the
value OF their properties they could not OBJ
tain it without first mortgaging their little
homesteads to their creditors, and this is
very often insisted upon by storekeepers and
Others to secure the payment of their claims.
The latter know full well that mortgages are
excepted from the exemption law and that
in a few months time they can. if the prin-
cipal M interest is not paid. proceed by
foreclosure INT sell at sheriff's sale the
| homesteads of their unfortunate debtors.
The tenth clause in section 80 provides
as follows: 1.-THE earnings of the judgment
debtor for his personal services rendered at
any time within thirty days next proceed
ing the levy of the execution Tor levy of at
tachment) when it shall be made to appear
by the debtors affidavit, or otherwise,
h a such earnings are necessary for the
use of his family residing in his Territory,
supported wholly or in part by his labor
shall be exempt, etc. This is the only pro-
vision made in his behalf unless he be a prop
erty owner. The poor mechanic is COM
PEELED, under this act, to swear, in order to
have his wages exempt from levy, that they
are necessary for the use of his family.
This entails expense, because the officer
who makes the levy always sends him to a
lawyer to have his affidavit prepared. All
Others entitled to the benefits of the act are
exempt from such an imposition, for a sim
pie notice by word OF mouth or in writing
is sufficient to remind the officer executing
the writ OF the rights ofthe judgment debtor.
There can be no reason for imposing hard
ships and expense upon the poor laboring
man or mechanic when those in better cir
cumstances are relieved from them.
As the exemption of wages is only ac-
corded to married men under the act, sim
gle mechanics ana laborers are not only liza
ole, but frequently have their pay attached |
when there is sufficient due them to pay |
the cost OF the suit. The little |
which they a depended upon to pay their
weeks board is swept away from them and
the judgment creditor derives no other ben
eft from his conduct than that of giving |
vent to his spite. The married man is very |
little better favored, for his wages are liable |
be attached at any time, notwithstand- |
ing the Jaw allows him the meagre sum of
one months pay for the support OF his
family. Ii he was paid promptly at the
end OF every month when his wages are due
would be comparatively free from the
distress OF attachment. But a custom ex-
Lsts IN this camp among many mining cor
porations OF retaining the wages of their
until the middle of the succeeding
month. This opens the door for the judg-
nent or attaching creditor to pounce on
The one-half months wages earned prior to
The thirty days exempt by the statute, and
his in many instances is followed up from
month to month by the creditor in issuing
writs until his claim is fully paid; but
n that time the costs in many cases double
md sometimes treble the original debt; but
never mind, it is only the DOR w~orkingman
Who suffers! The attachment process may
lave been intended for a good purpose,
IND in some extreme cases may be the only
to secure the payment of debts,
ret in nine cases out of ten it's execution
'auses untold sufferings and bardships.
\ young actress, a short time ago, con-
'ulted a dentist in regard to her teeth. He
advised her to submit to a treatment more
than her purse would Justify.
She yielded. however, to the ~persuasions OF
he dentist. The day arrived for her de-
.,arture to fill an engagement at another
,laee, when, without warning, an office
eized her baggage and she was compelled
@ lay over another day to free herself from
he red tape forms OF the law. If the
reditor, instead of imposing upon her the
costs OF an attachment, had
allied upon her for his money, it would
ave been paid.
The exemption law, so far as the
mechanic, laboring man. and others who
york for days wages, are concerned, ought,
n common justice, be amended so as to
i've those worthy and industrious classes
It least some protection when they UNI
become indebted. II the liza
OF their wages to attachment is the
My thing which entities them to credit,
hen it would be more honorable to Withhold
rust from them altogether. Their honor,
nd not their day wages, should be the basis
+ their credit. Theydeserve, and ought to
.eceive. not only as much, but more, pro-
ection from creditors than those better !
BILE to pay. Secure them at least from the !
urden Of paying the unnecessary costs OF !
ttachment proceedings by amending the
aw so as to exempt wages to ain amount
OF less than two hundred dollars from
Wy under IN execution or attachment.