Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-05-12
That Swindiing Buiiding-Lien.Law
Again.

To the Editor II The EVENING STAR:
VIII you allow me space 10 cOrroborate the words
Of the plueky public-spirited woman who wrote
the ''Open Leuer TO the District Commissioners
published ia Tag EVENING STAR OF Aprfl 81? Like
her, and many )thers. have been forced TO pay
twice Tor the sssne building materials The con
tractors for building my dwelling bargained with
acertaln X 10 " specified part OF the work
When the hOusewas offerei as completed accord
Ing 70 contract, a'release OF Hens" was delivered
10 me, signed b the several subeOntractOrs
Among the signatures Is that OF Mr.. X This re-
lease icing Satisfactory evidence that the rur-
nishers OF materia. and LABOR had received their
due-, mai pay mentor the Mouse was made 10 the
contractors, WHO promptly thereafter went into
otnkruptcy- ThereUDn came a notice from one
b Swnose Interest thes had been no possibility OF
my Knowing, that IA. claimed a lien upon nv
house tOtae amount OF 14O for material furnlshed
not 10 me nor 10 the ontractOrs, but TO K on
taking legal advice VS. informed that the writ
against BIS claim, and TIT had better pay again
- L., which did The eminent coun-
leady though as 'i the w told had me that that al,
existence less than thru years several in
stances Of fraud under itSproysions had been
exposed one OF the releasessas signed by a rrIn
who had furnished hartware-prelumabl Div ali mar
used for the building. sut, IIter The mai
payment, another hardware dealer claimed a lien
Tor so. His bill was reasonable anC tust mi Wa
paid without question, althoueh Ina1 ALREADY
paid the contractors Tor the sane Gods nm
simple notice when the material VS. furntsneI
would have saved me both OF theseiouble nav
mentS. The law as IL stands hot onl ss-cur,rS 70
the abOrer his hire, as II would do WI the pro
posed amendment, but steps IN 10 shlel a Certain
class Of dealers in merchandise from ptsihIa evil
results Of their own acts A suD-cOntlefOr for
instance, agrees 10 furnish Tor a given an The
brick work or wood work OF a building. Sring 70
an unexpected rise in the price OF maIerianr s,er
haps owing 10 his own miScalculaIOn, his Lr0atn
instead OF yielding legitimate pro1t, rests In
loss. A dry-goOds dealer In such predicsnent
must abide by the result Not 80 our contr.toT,
Having taken his pay iOr the job and signe the
receipl, he can simply hold back the pay osha
lF,f.S
Ing, because the law forces the owner OF the bJ.i
lug 10 pay again for the materials. The pres,l
law might well De entitled IAN Act TO Encouras
Swfndling OF House owners" Take case as beIoI
The sub-contractor, or being presented with bl
for material may say TO his creditor, 81 have CON
pleted my JOB and received my pay, but the proft
not enough lhaVe signed release OF my lien, bu
yours Is good Now, II you Will let me on an
claim your lien upon the house, the owner wi
have 70 pay you for the goods bought, and wi
give you enough IN addition 10 make the operatio
worm your while" The law Ia Its present stat
Is an anomaly In legislation, inasmuch as II en-
powers and b, by legitimate bargain betwee
themselves alone, 70 fasten debt upon e, wlIhOI
Is consent or knowledge. Now, what Is the pr
posed amendment, 10 which the Commissioner
are SAID 10 object because Of .benents 10 q
Iaoorng e.asSss' resulting from the present Law
Inc oil "a X $50 now before me inserts the
words-and these only: "Ir0rided further, Ta,
no lien shall attach Tor materials contracted for
furnished unless the person contracting for
furnishing the same, before furnishing tine sam
gives notice In writing 10 the owner OF the pro
erty 70 be Affected by the lien, II such owner Is n
the purchaser OF such materials, that he intenI
10 Claim such len Here IS not one word wnit
can Affect 1.-The laborfng classes The amendmel
teaNes the wOrklngman the same protection whll
ne now has The rights OF the dealer In materia
ar az also guarded The effect is simply TO EMIT
the owner 20 "a kn0srtedge Of his liu6iixt-whie
hhoWItoge IN many cases he cannot now obtain
any REASONABLE diligence. Is this TOO much 70 as
WI any honest dealer object TO Inls oare act
lustlce! The bill Is now In the hands OF the Hon
committee on the judiciary. II desired am reaf
70 produce before that committee 10th oral AZ
documentary evidence OF the facts herein fstsd n
J. v. HEAD, 20i5 X ST. D. W.