The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1893-02-09
THE COST QUESTION.


Representative Mauldln in a long winded
article in last weeks Journal takes us to
task and tries to point out the s'bcnefits" TO
the people by the repeal of the law allow
Ing attorneys cost. With all due rcspect
we think he has made signal failure.
He acknowledges that tie was mistaken in
saying the law disallowed fees, then quotes
the following from the SENTINEL: cit is
true, that it will not hurt the attorneys be-
cause they will make their fees siflcient to
cover the cost" Hc:adds: Now, Chart
lie, If you agree with me, that it will not
hurt the attorneys, why oil this ado abou-
it, To which we answer because the peo-
pie have right to know the general Dur
ports of new laws and because we think
this one an injury rather than benefit to
them, or many of them at least. We stat
ed and claimed that the farmers, bankers,
ard others who had money to loan since
the passage of this bill, will add in the note
or mortgage ten, fifteen or twenty per
cent Tor fees if the collection of them be
through the courts to which Dir. Mauldin
says:
Exactly SO, and it is right that it should
be added in the note. Then the party max
ing the note will know what they viii have
10 40 II they fail to pay Of the note, and it
goes into tho Courts for collection. As it
mas occn, large majority of them did not
Know there wonld any attorneys cost be
added if it went to the Courts.
If tits right that it should be added in the
note, as MIR. Mauldin says, let us see how
much benefit the people will derive fromit.
There arc few people in this country who
do not borrow money. The majority of
those who do borrow arc laboring people
and should be permitted to borrow with as
little cost rs possible, especially if they
should fail to pay and the collection Of the
debt be through the Courts. To say that
this Jill will help this class of persons we
deny.
Suppose man borrows $500. and mort .
cages his farm, (and there arc many in that
condition today and will be morc) the ten
per cent attorneys fees for collecting is nd -.
ded in the note. The man fails to make
payment and the mortgage is forecloscd
lhclawycr III addition to the $500. collects
S5o' tho ten per cent fec. Under tho last
act regulating cost, the act of 1891. the
cost in proceeding like this would be Sis.
Here Is Il loss of $:;2 to the man in tbc
case we have supposed. Mr.. Mauldin is
mistaken again when he says large major.
ly ''dld not know there would any attor-
ncys cost 'm added if went to the Courts. ~
The cost law has been on tho Statutes for
many years and We venture the assertion
that there is not one man in fifty that had
any business about him at all who did mo-,
Know attorneys got cost.
IL IL true that ;hc bills Of cost used to be
larger than they were for the last few
ycars, in fact We believe that il was too
much IN some cases but the legislature has
been cutting and hammering mt it until they
got it down by the act Of 1891 to what we
believed to be just and right between all
parties.
Again Mr. Ma"l.Gln is wrong when he
SspIrboscs that there arc ''ubout on. case il
one hundrcd' like we pointed out in refer
ence TO the partition of estates. Such cases
are very common. The writer has been en- .
gagged III several just such cases, and they
were not all gobbcd up 10y the attorneys
either:
ASalr There are many notes and mort
cages which were executed before this new
law was passed disallowing attorneys cost,
winch does not contain provision orarrce.
mcnt to pay attorneys ten per cent for col
Icctlng. Many Of these notes will have to
be collected through the Courts which
VIII result III great loss to the person who
hold them, from the fact that the holders
Will have to pay their attorneys about TWEEN
ty per cent for collecting them.
Really Mr. Maul,lin, we think YOU are
badly mistaken about this law. The for
mers may think that they have got their
eyes open but there are many things which
they will learn by experience.
The only possible benefit we can sec tho
people Will derive grom this law is the saw
ing 20 inc State OF the bill of cost which
Will accrue to the railroads and banks if
thcy are forced into the courts to protect
their property against unjust taxation and
10 the liquor men if they fight the disrcn-
sary law.