The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1890-08-26
MECHAN ICS' LIENS.
The New Law Will Take
Effect September /.
CHORUS OF PRAISE.
1t Is Good Law for Workingmen
and Honest EN- mployers, but
Very Bad for Skin Con-
tractors.


Mechanics Lien law will go into effect.
The law was passed by the legislature
last spring, after being before that body
nearly all the session. Then there were
many in favor Of it and some opposed to
it, but 1T was noticeable that among tho
men who endeavored to kill it were but
very few first-class contractors, the class
of men it was claimed that would be m
iured by it.
judge Winfield S. Weed has for long
time been prominently identified with
Building and Loan Associations, and is
thoroughly conyersant with their institu-
tions He has also had wide experience
with mechanics and contractors, both
during the time he was in the Board of
Works employ and as magistrate. In
reference to the Lien Law, he said last
night that he liked it.
BAD FOR SKIN CONTRACTORS
sit is the best law that was ever passed
to protect the working class of men,
said he. 'sfor it stops the nefarious work
of skin contractors. Do you know
what skin contractor is? He is one of
those fellows who underbids the honest
contractor-bidding at prices below the
actual costs. The unthinKing owner
awards him the contract and he buys ma
terial on credit on the strength
of the contract, hires me-
chanics and laborers to erect the
building and when he receives his first
payment from the owner promptly pays
the dealer in materials and his workmen.
This is but to pave the way for his skin"
game. When he receives the second pay
ment he has succeeded in getting deeply
in the debt of the dealer and he owes the
workmen. He puts off both with the
nioa that If will ha al right som and
that virtually ends his work, and the
dealer. mechanic and laborer are swindied.
You would be surprised if you only knew
how many just such cases come to me as
a magistrate"
81 recall recent case" continued the
Judge. "You know Mr.. Of
Newark avenue Well he obtained
money from building and loan associa-
tion to erect two houses. He fell in the
hands of one Of these skin contractors
and was nearly ruined. II friends had
not come co his assistance financially he
would have been ruined. As it was he lost
much money by the swindler."
NO TROUBLE TO CERTIFY.
''It is claimed, Judge, that 1t would be
much trouble for large contractor to OBJ
and the workmen that they had been paid
to enable him to obtain his payments
from the owner in the manner provided
by the new law"
THAT is not true. ANY contractor can
do what most concerns do where many
men are employed The only certificate
wanted from the workman is a receipt
showing that they have received tn Dir
money. The contractor can make out is
payroll ON book kept for that purpose,
and when he pays the men they eau sign
their name in the book or make their
mark. This would be all the evidence
of payment any owner would require,
and as for the dealer, his receipt, which
he always gives, is his release from any
claim. and all that is required by the
owner to show that he will not have to
paw twice."
''But does not this prevent small con-
tractors from building, because it would
require ready capital?"
II think it would only effect that class
of men call skin" contractors, for an
honest man can always get money in bust
ness. No, the law will not drive the
small honest contractor out OF business,
but will prove benefit to him, allowing
him to bid at fair prices, and will protect
all others who have an interest in his
work"
A DEALERS VIEWS.
In regard to the new Lien law E. S.
Davis, prominent dealer IN Du1ldlng
materials, says
For years there has been practically
no lien law in New jersey. All that was
good-all that protected labor and material
in the erection of buildings, was long ago
swept away by the section which enabled
the owner, by fling his contract in the
Office of the County Clerk, to relieve HIM
self of all liability in regard to payment
for labor and material. The law became
simply protection and a shield to dis
honest contractors and interruptions
moDey-1enders. The dishonest contrac
tor could receive his money, put it in his
pocket and inform his mechanics, his la-
borers and the material men that he did
not intend to pay one cent or his Dills.
This has, in more than one instance, been
done in this city, and the creditors were
HELPLESS. The unscrupulous money
lender, looking only for his commission,
would pay money on mrotgage on build
ingS in process OF erection. with the full
knowledge that the money so paid was to
be devoted to other purposes than the
payment of labor and material on the
building mortgaged. .
THE records of the County Clerks Office
instead of being protection to the ms
chanic and merchant. were transformed
into means of deception and an aid to
conspiracy. contracts being filed for a
larger amount than was actually paid the
contractor after the fling of the contract,
giving the owner receipt for money he
never received The material men we're
thereby deceived as to the price paid the
contractor and would give credit, when,
had the real price obtained been known,
lusion with dishonest contractor the
owner could build 5000 house for $4 900
or less at the expense of the man who
carried the hod, the mechanics VINO nailed
the boards and laid the bricks, and mer-
chant who supplied the material, and this
was frequently done. The question may
be asked why, in cases OF doubt, could
not retainers be served, as is apparently
provided by the laws Experience has
shown that in such cases not one retainer
in ten is worth the paper it is written on
A statement by the owner, whether true
or false, that the contractor has already
been paid all that is due him renders the
retainer worthless
s'The old law also worked great harm to
the honest contractor who desired to pay
his bills and gain an honest living. He
could not compete with contractors VINO
were Indifferent as to whether they paid
their bills or not, and he had to face the
alternative of being idle or working at
loss.
"The present law, which goes into eifect
September 1sr, is a just law and imposes
no unnecessary burden upon owners OF
property or legitimate lenders OF money
The statement that the law Was gotten
up by hardware and material men lor
Selfish purposes is utterly false.
"The bill was introduced by Assembly
man Howell 9. Stuil. with the support
of the labor organizations and the MA
terial men of the State. The simple