Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-11-07
ONLY FOR THE BOSSES.
The Supreme Court Judges Lay Cold
the Mechanics Lien Law.
DOES NOT PROTECT THE WORKMEN.
A Difference Between the Upper Court
and the Legislature.
OVERLOOKED THE ACT OF LAST JUNE

There is no such thing a mechanics
lien law, much as il has been legislated,
written and talked about, though most peo-
pie believe there is and lawyers sometimes
talk as though there was such a statute.
But Just now there is considerable discus
sion among lawyers as to the, status of what
is called the mechanics lien, and the dis
cussion comes about in this way, as ex-
plained by ]. D. Watson:
Some time ago the Supreme Court decided
THAI where a contractor agrees with the
cwner of a building that there shall be no
liens fled that obligation binds all
suh-eontractors and they cannot file
liens" In another case the same
authority decided that where the con-
tractor agrees with the owner that
he, the contractor. will deliver the building
10 the owner free of all liens, that makes
distinction without apparent difference, for
in that case the sub-contractor can file a
lien. Ii he does, the contractor is bound TO
have il paid of, for his contract is that he
will deliver the building free of liens"
These decisions led to some confusion,
and to cure it the act of June s, 1891, was
passed. 1t provides tha5 no contract made
b. the owner of building with the con-
tractor shall prevent a sub-confractor from
fling a lien. unless the sub-contractor
agrees in writing with the contractor. not to
do so and the contractor becomes the agent
Of the owner.
Sub-Contractors Held Liable.
Now here some questions have arisen in
legal minds. In the first place the law
making the contractor the agent of the
owner. it is suggested that the owner NAV
possibly be some time or other unpleas-
ertly bound by his agent. In the second
place ii is asked whether the act cures the
ruling Of the Supreme Court, or is there a
conflict between the Supreme Court and the
Legislators?
As before stated. the act was passed SUBJ
seguent 10 the ruling of the Court but on |
October (laSt month";, in a case taken up
from the Common Pleas of Westmoreland, |
the Supreme Court again ruled in the line |
oi its first utterance or thereabout. In this |
case there was an agreement between con-
tractor and owner that no liens should be |
filed. The upper Court ruled that the sub |
contractor was bound by the agreement |
made between the owner and the contractor.
But while the Supreme Court thus rules,
the strange part of the matter is that no
mention IS made either by the court below,
by the lawyers in the case. nor bv the Su-
preme Court. of the act of June s, 1891.
rs the act only applied to eases arising
hereafter" that Is, after the the time of
approval, 1t NAV not have affected the
sIaruS Of the Westmoreland county case,
and this suit was bEought before the pass
are Of the act, but it would be supposed
that some reference TO the act would have
been made.
Only of Use TO The Contractors.
But, as a lawyer remarks, the term ''rne-
ciaHlcs lien" Is not only misnomer, but a
Elisleader, that Is of more advantage TO law
yers than TO mechanics. The iournevman
mechanic cannot file q lien to secure his
wages. aud if the money is not forthcoming
from the owner and the contractor or SUBJ
contractor puts his men off by telling them
he viii file lien and thus secure them they
have only his word for ii, and if he be not
responsible they must, in order to secure
Themselves, garniShee the money in the
owners hands, and this is costly. 1t is
good thing for LAWYERS, but GER
tainiv the mechanics lien law
j of no use to anyone except a
contractor and should be called a ''con-
tractors lien" The contractor need not be
a mechanic. He may not even know how
10 drive a nail or even have sufficient skill
TO load q cart, but the law regards him as a
mechanic. The proper appelaticn should
be builders lien" but thousands of in
teliigent mechanics suppose it is devised for
their benefit and never know anv better
until they have feed lawyer to tell them