St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-02-03
FOR A BETTER LAW.
Judge Canty Makes an Argument
for q New Lien Law.

Judge CAVITY Makes an Argument
for a New Lien Law.
Immediately after the adjournment Of
the senate yesterday afternoon the judi
ciary committee held meeting at which
Judge Thomas CAVITY, Of Minneapolis,
explained the provisions OF the.propoSed
lien law, S. F. No.14. The bill is, in the
main, the same as the measure vetoed
by Gov. Merriam two years ago. and II
passed will make it possible for both
labOrerS and material men to get some
thing out of the liens they may have
filed. The bill was drawn by Judge
Canty. who has made study
of the subject and from his
experience with the present
lien law upon the bench was able to lay
the situation before the committee III
clear and convincing manner. In addl-
ton to the members OF the committee
there were many members OF the mouse
on hand to listen to his remarks.
The bill have drawn, primarily Tor
the benefit of the lab0rlng men, but L
maintain that if passed it will prove a
better law for both laboring men and
material men than the present law"
The cumbersome and dilatory nature
of the law now on the statute books was
explained and the statement made that
the claims of the small material
men and laborers are practically
worthless under it, owing to
the fact that all must join in suit. The
liens must be filed within three months
from the time the work is done, land suit
commenced within year. All parties
in any way interested must be brought
in and In the judgment all nave their
amounts fixed. At the sale the poor
men are unable to bid, and in the end
they are glad to settle for few cents
on the dollar"
Under the law as it is now," said the
Judge, at is no trouble to keep this
thing going on large building for three
or four years"
The abuses allowed and perpetrated
in the Twin Cities under the present
law were illustrated and then the pro-
hibiton following was laid down:
mo lien law will ever be any benefit
to the laboring man that does not pro-
vide for the costs Of foreclosure"
The cost of foreclosing a lien Judge
Canty estimated at $50 1t the claim
only foots UP $40 it will he seen that If
paid in full the builder will come out
behind. On account OF the liberal eX-
emption laws no state in the Union,
Judge Canty said, needed good lien
law more than Minnesota.
Are you opposed to exemption LAVISH
asked Senator Dean.
THAT is another matter" replied the
Judge; ''but will say that l think there
ought to be some limit to the value of a
homestead. AS it is at present, man
can hold property worth $4,000, or even
$50, 900 in his own name as homestead,
put away as much more as he pleaSes
in the name of his wife and refuse to
pay the laborer who is in his employ"
The provisions of the bill making two
classes of liens were explained and the
various provisions made for the security
of all parties. Senator Stevens, who is
probably the greatest title lawyer in the
senate, if not in st. Paul, or even the
state, wanted to know whether there
was anything in the bill that would
prevent a man loaning money on lot
with no material upon it and force him
to take the risk of his mortgage coming
in after liens.
mo, sir" replied the judge. "All
liens date only from the commencement
of erection"
In the course of his remarks Judge
| Canty explained that the same bill had
| passed the senate without opposition
| two years ago and went through the
| house with but one dissenting voice
1t was vetoed by Gov. Merriam through
Misrepresentation made to him by law
ers in the interests of certain loan com
| panes and class of contractors thai
operate together in the two cities.