St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-11-24
THE LUCAS LIEN LAW.
It's Death Blow Hailed With General
Satisfaction.
LUCAS ALONE EXCEPTED.
He Holds It a Blow at Labor Others
Regard 1t a Special Prov
idence.

dSs uucOnSultutlOnai, the ceieDIhtcu
Lucas lien law created genuine sensa-
ton in Minneapolis yesterday morning,
and the election and Its results were
buried beneath matter OF mightier
Importance. The GLOBE contained the
fullest and most complete report of the
decision, and was in demand by attor-
neys and real estate men, especially.
The Lucas lien law was adopted to
fill long-felt want. There was not,
and there never has been. lien law
that met the demand. AS prominent
attorney put it: Take two of your
best lawyers and let them work month
on mechanics lien law, and / Will UNI
dertake to break it in a week" Lucas
made his campaign for a seat in
the legislature as the friend and
champion of labor, and pledged
himself to introduce bill that would
meet every requirement. Chapter ITO
of the Acts of 1887, better known as the
Lucas lien law, was the result. 1t has,
ever since its passage. provoked great
discussion, but the prepOnderance OF
opinion took two leads: First, the law
will never stand; second, if it does it
will work great injury to the real estate
section which gave mechanics or
material lien precedence over a first
| mortgage of carrier date caused great
ructiOn among real estate men. VINO de-
clared capital could never be secured
for building enterprises, as the invest
ment would be considered unsafe with
this law on the statute books. Attor-
neyS were divided, the majority holding
the law ineQuitable on its face, and
therefore unconstitutional; but de-
cision of Judge Lochren, partially sus-
tanning the law taS far as it entered into
the case at issue). caused a change OF
sentiment in several quarters.
THE FATHER OF THE LAW.
The news yesterday Of the supreme
court decision was received with IN
qualified satisfaction. except in labor
circles. A GLOBE reporter found Hon.
T. II. Lucas, the father Of the bill. He
had just colupicteu d careful study OF
the GLOBE, and said:
II must take little time before / can
give any views in full, or answer the
objections of the court seratim. Well. l
might have known it. 1t is the old
story of the enthralment Of labor. The
rich will get away with the poor every
time"
"Who drew that law. Mr.. Lucas?'
IL drew 1t myself, Dut consulted at
least fifteen of the best lawyers of the
state before | submitted 1t. Only three
weeks ago, Hon. E. NJ. Wilson told J.
p. McGaughty the law would hold.
Now there is the section that caused the
NEST objection, section 2, which gives
these liens priority, copied exact from
amact of congress in relation to the
District of Columbia. 1t is not only
good law, but it is pure justice. 1t does
not affect the holder OF land mort
gage, but simply gives man the right
te7protect himself by taking away what
he had put up. Isn't that right?
Doesn't his work enhance the value of
that mortgage? Why should mort
gage on $4,000 piece Of land cover a
million-doliar building on that land? AS
| to the homestead feature. of course that
was unconstitutional then, but the
people have just ratified All amendment
making it constitutional. On that
technicality the court has thrown out
the law. Same old story of wealth hold
ing the power and using it,
: SOME INTERESTING OPINIONS.
E. S. Corspr-The law was simply in
famous, and If its nature and effect had
become generally known in the East
there would have been shortage of
money here that would have simply
paraIyZed our building industries and
deprived thousands of workingmen. in
| whose interest it was supposed to have
been passed, of employment. To give
all illustration. it would have had an
effect similar to that on a man ii his
legs were cut off and the arteries were
not tied up. The fact that such law
was passed was kept as quiet as posi-
al Law I,,rCI nE in
nesOta, and as result, comparatively
little injury has been done. Some of
the more cautious capitalists of the East
however, had begun to refuse us money.
Those who furnish money readily are
the Shylocks who charge usurious in
terest, and the law would have been
to their liking. Money is like air.
When a man needs it he will give any
thing for it, and the rates of interest
would have mounted skyward. Those
who loan us money at low rates are the
careful and conservative, who cannot
afford great risks and are therefore very
atimid, and this is the class we should
have soon been unable to reach.
N. F. Hawley-Why were the law
yers SO unanimously opposed to the
law? Because the lawyers are in reality
better than they get credit for being,
and hate bad laws. Still, the law was
calculated to give them lots of litigation,
and from that standpoint they should
have upheld it. There are some argu-
ments in favor of its provision for the
filing of lien on homestead. but it is
plainly unconstitutional. Several sec
tons contradict each other, and the law
was Wretchedly framed. l cannot see
how it could have benefited the me-
chanic. as it puts the material man.
ahead of him. You could not file lien
against the land for labor, but you could
for material.
Byron Sutherland-Th law was I'M
constitutional on many points, and of
course could not stand, 1t was so
drawn that its effect in favor of the
Workingman was simply nil. The value
of property. here is in measure de-
terinined by the amount of the loan that
can be obtained upon it, and the law
would have ultimately prevented much
of the building that is required by, our
rapid growth. A man would be obliged
to have his building up and paid for be-
fore he could obtain loan. The deciS-
ion of the court is a good thing, and
should have come before this.
A. r. Ankeny-The decision of the
supreme court is what expected. The
law was not only unconstitutional, but
so loosely drawn that had it been con-
sCitutional it would have been practi-
caliy imperative. l believe Lucas as
serted at the time of the passage of the
law that it had been passed upon by
three of the best lawyers in Minneapo-
lis. I should like to know who they
were. The law was supposed TO protect
the mechanics, and was passed upon
that score, but it clearly failed to do
that. l think most of the liens filed
under the law, however, conform to the
oldllaw, so the majority of them will
stand.
A. j. Shores-Any lawyer will agree
with the decision. The law has not
wo kea much injury, because nearly
every attorney has expected to see it