Omaha daily bee., 1889-01-01
VICTIMS OF CARNISHMENT.
How the Law Allows Them to be
Mercilessly Prosecuted.
GRIP OF THE MONEY SHARK.
A Bill Proposed for the Destruction of
the Obnoxious system to be
Introduced Into tho
Legislature.
Suffering Gnrnishcrs.

TuG BEG a few days ago pubisnoi a bill,
which IS To be introduced into the legislature
for the purpose Of correcting tn, abuse to
which ueOter employees of inter state corpor-
atons are subjected by mcrccuary money
sharks The system has been described
many times, but will bear repetition;
Under the laws Of Nebraska, ana 4 major
ity of the other states, the head of a family
is permitted to hold exempt from seizure,
under execution, certain of his property,
which, in this state, in the case of n wage.
worker includes his earnings within sixty
days last past. The farmer Is allowed Ger
tain of his stock, the mechanic and profess
siOnal man his tools, instruments, or books,
etc. The intent of this exemption is the hu-
name doctrine of preventing the greedy
creditor from utterly dcspOilng and rcduc-
ing TO bcggary the helpless dependents Of his
debtor.
This wise provision of our law is, however,
openly violated by greedy men of Nebraska,
aided by tribe of nonresident money
sharks who follow this system of black
mail for a living. For example, suppose the
case Of a, an cmployc of the Union Pacific
railroad. A owes lS Il bill which he is will
ing to pay If granted time, but which Il is
not willing to allow. Il knows that if he
sues A in Nebraska, while he can
get a Judgment he will not be
allowed to utterly beggar him.
"A
as head of Il family, being entitled under the
law to his exemption. therefore sells or
assigns AS debt to G, a money shark from
Council Bluffs, who Immediately commences
suit against before justice of the peace
at Council Bluffs, service to be obtained on
A by publication, which, of course, he rarely,
if ever, sees. For fear that A might see IL,
however, and be enabled to draw the little
wages coming to him, G has a garnishmcnt
served on the agent or representative of AS
NFnp la, ., ~ ttlt
garnishment Is an order on the employer to
answer to the court how much money be
longing to A is in his hands. This order is
mandatory. The employer has no recourse
but to answer or be levied upon.
AS the justice is entirely dependant upon
his costs for living it is matter of small
consequence to him what the merits of the
case may be. He renders Judgment against
a as a matter of course, orders AS en-.
ploycr to pay the garnishcced money into
court, and adds on perhaps, thrice the
amount of the required claim by way OF costs
to be divided between himself ana his good
customer, Shylock. If the amount gar
nishced will not pay the claim and costs they
repeat the operation indefinitely 1t is a
matter of record that the justice courts are
the worst kind of cost mills, run entirely in
the interest of the justice and the garnishee
shark, to whom the shopmen at Omaha and
Plattsmouth, the headquarters men and the
train hands have proved a very golden har
vest.
Further, it can be proved that, as a COM
mission on the business, the garnlshec shark
is not called on to pay his costs in such cases
as he is unable to make stick. A similar
state of affairs exists at many other places
in Iowa and also in Kansas.
Up to date this year 45S of this class of
suits have been prosecuted at Council Bluffs
against Union Pacific employees IN Nebraska,
and Il prOpOrtiOnate number against B. IL M.
and other railroad men. The employees in
the smelling works also suffer in this way as
well as those of other institutions having Of
fees in both states.
Instances of the grossest cruelty have oc-
Cured. This evil has been litigated to the
court of last resort, the Iowa supreme court,
but without success. 1t upheld its lower
court, holding in the case of Mooney VS.. u.
p. Railway company that a non n-resident of
Iowa is not entltled to any exemptions, or,
more literally construed, that a citizen of
Nebraska has no rights which an Iowa court
is bound to respect.
After that decision an effort was made to
secure legislation to remedy the evil but
without success. Nothing now remains but
to meet this evil by home legislation.
The passage of the bill-teXt of which has
already been published in these columns
will drive, it is claimed, the Council Bluffs
Shylocks out of an occupation, close the door
of the cost mill, and secure to the Nebraska
laborer the wages he has earned.
BY this BILL it is held that the laws of Ne
brasl1a will not be changed in any respect
The right and power of a creditor to recover
his just claim will remain unimpaired The
only change proposed in existing circum-
stances is that the law of the land now exist
ing will be enforced.
A memorial to the legislature has been
prepared and circulated for signature along
the various railroads in this state. 1t will be
published tomorrow.