The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1893-08-25
is ANSWERED
Fords Views on the Extra
Session.
THINKS A CALAMITY PROBABLE.
Fatal ACcident---A French Opinion
The Faxon Explosion.

The following is Mr.. Ford's let.
ter in response to Governor Pen.
noyer's request for his opinion on
the advisability of calling an extra
session, and also for citation bear.
ing on the present laws for protec-
ton of debtors:
'sYour favor of the 18th instant
duly received and contents carefully
noted. In answering I have to say
that the principles of the proposed
stay law are correct, but you will
find on examination of our statutes
that we already have laws which
serve very we'll for the protection
of debtors, and to attempt to call
an extra session of the legislature
at the present time might be pro.
ductive of more harm than good,
by creating an alarm among some
of the people now holding judg-
ments, DEGREES and overdue claims,
which might cause them to COM
mence immediate proceedings toen-
force collections; whereas, if things
are allowed to remain as they are
no attempt will be made to enforce
collections, but on the contrary the
holders will allow these judments,
DEGREES and overdue claims to drift
along until times are better and
money easier to obtain. Besides,
congress may do something to re-
lieve the present financial string
ency.
1T is certain that debtors can
not now obtain money to pay off
large demands, a fact we'll known
to creditors, and for this reason but
very few suits or actions have been
brought during the past three
months. Since the June term of
the circuit court it is a very notice.
able fact that not a single mort
gage foreclosure suit has been COM
menced in this (Marion) county.
The business men of all classes
seem to realize that this is no time
for the accumulation of extra
costs on present Indebtedness, but
that every one should make an
honest effort to help along in every
possible way until the present fin
ancial stringency is past, which can
only be brought aboutthrough wise
legislation on the part of congress.
"We already have a homestead
law which gives every farmer a
home of the value of $1,000, and
not exceeding 1850 acres in extent,
as exempt from attachment and
execution, See 1893 session laws,
page SO.
"Every householder can also
own personal property of the ag-
gregate value of from $1,000 to
81, 500, which is exempt from at
tachment and execution. See code,
page 353.
''If any creditor should be mean
enough to attempt to either attach
or levy upon this exempt property
to enforce the payment of his claim
the owner has it in his power to
easily defeat the proceedings with
out losing either the possession or
use of his property; unless the
sheriff should be a mean fellow, in
which case he might be deprived of
his possession for a short time, but
the sheriff would be compelled to
answer in damages for such wrong
full conduct, and courts and juries
can always be depended upon to
do justice and award ample dam
ages against the officer, and in
favor of the injured householder,
in every such case. See laws COM
mencing on page 258 of code.
"Again, if a debtor own property
which is not exempt from attach
ment and attempt is made to cause
it to be sold at sacrifice in conse-
quence of the stringency of the pre-
sent money market, or for any
other cause, he can easily and
cheaply make a general assignment
which will dissolve the attachment
and prevent a sacrifice of the pro-
perty. See laws commencing page
1408 of code.
In view of the present laws
which we have upon the subject l
certainly think it would be unwise
to attempt to call an extra session
of the legislature for the purpose of
enacting only the one year stay law,
and especially when we consider
the fact that it would cost about
$25, 900 to hold the extra session.
But, while extra sessions are not
to be generally favored, yet if you
could prevail upon the members to
agree to meet in extra session and
re-enact the mortgage tax law, and
repeal the jute mill law, and o few
other expensive laws passed by the
last Legislature, and then go home
without any other legislation, /
think the people might in this way
be greatly benefited by being re-
lieved Of unnecessary taxation