St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-01-26

ness, ana on the 1dlln InereOT De pro-
tected in paying the same in full to pro-
tect his property. Experience in our
city has demonstrated that man is
financial idiot who relies on lien
statement as being either true or cor
rect. No man who is not himself the
principal debtor dares pay lien with
out first making most thorough and
searching investigation. If the forfeit
ure OF the lien privilege. the expenses
OF the litigation and prosecution for
perjury were to follow as a penalty for
making and filing false statement,
much less fraud would De perpetrated.
Fifth-On it's face the law gives
lien for material, ETC.. furnished for
not used ina building. etc. In prob
ably four-ffths of the cases that find
their way into court the burden Of the
lien falls not Oh the principal debtor,
but upon the owner or some third party.
The cases of diversion of material by
worthless contractors and subcon-
tractors are of almost daily occurrence.
1t then becomes important to owners to
know whether they can be made to pay
for material that never entered into
their improvements. The present law
is defective in this particular, and the
point is undecided by our supreme
court. For the mutual protection of
material men, owners and all persons
interested in the property. stringent
provisions ought to be made to prevent
and punish this species of larceny.
SlXth-The present law allows lien
statement to be verified by an agent
without regard to his knowledge of the
facts. and. as before stated, imposes no
penalty for verifying false statement.
This is simply another means of de-
frauding with entire impunlty. The
foregoing objections relate to the extent
of the lien privilege, the form OF the
statement. The verification, filing, etc.
These objections are of minor lmpor-
lance when compared with the difficult
ties experienced in the foreclosure and
sale of the property.
Seventh The plaintiff in forecl0S-
ure action is compelled to make all lien
claimants and subsequent incum-
brancerS parties. This neceSSitateS
much expense and long delays. If he
commences his action rightly he must
procure an abstract Of title in order to
ascertain who are necessary parties. He
must pay for filing the necessary pa
perS, the Sheritf's fees for serving the
summons on all the defendants, who
number from five to fifty; and, If there
be nonresident MORTGAGE, as there
generally is, the fees for publication OF
summons; and, besides all these mat
tiers of disbursements, which must be
advanced in cash, he must employ an
attorney to do vast amount of work oil
no benefit to him in preparing the nee
esSary papers and attending to bring
ing in SO many defendants. This is not
ALL 'Che delays occaSOned by so many
parties and attorneys are not only vex-
atiOuS, but almost unbearable. The eX-
nd that
mechanic with the average SIZE claim
might much better abandon it than en-
ploy an attorney and advance the nee
essary expenses. The law gives him
lien, but at the same time makes it
practically worthless by the means OF
foreclosure provided. 1t ought to be
called a material mans lien instead OF
mechanics lien.
Eighth-You have pointed out some
of the difficulties in the sale. This is
the worst feature of the whole law. Inc
sale, which must be for cash. extln-
cuisines all the liens, and the proceeds,
whatever they may be, are divided with
out preference among the lien claim
ants. No one can bid the amount of his
claim, AS in case of sale OIL execution or
foreclosure If mortgage. No poor claim
ant can ba at such sale, and very few
material men can afford to spare the
money necessary to purchase the prop
erty from their business whole year
at only Z per cent interest. In times OF
a close money market they might better
take so cents on the dollar for their
claims before foreclosure. If the prop
erty sells for much less than it's value.
as it always does, ten to one the fee
owner redeems during the year of re-
demption by paying the amount
of the sale and legal interest. The leg
isiature has thus provided convenient
means of settling lien debts at much less
than their face. In other words, it has
enacted an excellent side show to the
general insolvency law of the state. Or
what benefit to laboring man is it to
give him lien that Will cost him nearly
its face to forclose it. and at the end OF
eight months or year allow him the
privilege of bidding at sale from ten
to fifty times the amount OF his claim
to protect it? The remedy is SO tardy,
cumbersome and hampered as to make
the whole law almost a farce.
Ninth-In all cases of the sale OF the
fee the law allows redemption within
one year. Owing to the apparently
hostile provision concerning sales on eX-
ecutory contract many conveyances
have been made and mortgage taken
back at once for whole purchase price.
Buildings have been partly erected on
such lots and then abandoned by the
purchasers. Such purchasers have no
Substantial interest in the land or build
ing, and yet they have the same liens of
redemption as if they owned the land
free of all membranes. During
the time of foreclosure and
redemption the building must
stand IN it's unfinished condition and
without insurance. If by chance it be
destroyed by fire, the lienors lose their
entire security. In such cases no sound
principle of justice demands any equity
of redemption whatever. Besides the
lienors ought to be allowed in all cases,
under the order of the court. to procure
insurance, if possible, and to complete
the building, or at least to proceed with
the work sufficient to protect the secur-
ity, all at the expense of the owner or
property. 1t IS further suggested that
all equity of redemption ought to be
abolished, and stay of proceedings be
entered after entry of judgment, for
such time as may be deemed proper In
each case. JAS. SUBCOMMITTEE.
JAM, 1891.
]. L. Stack & Co., the well known
newspaper advertising agents of st.
Paul, finding their quarters in the Ma
tional German-American Bank building
toossmall for their rapidly growing busi-
ness, have moved into the new Pioneer
Press building, where they now occupy
large rooms, conveniently fitted up for
their business. Several very large con-
tracts were secured by this firm during
the past month.