The Washington times., 1894-03-20
Senate has n Legal Scrimmasc in Dccid.
ing for the District.

Senate has n Legal Scrimmasc in Dccid-
ing for the District.
The Senate INDUCED in general legal
wrangle yesterday in the consideration of
Mr. Harris bill to simplify the form of deeds
and trust conveyances in the District. Sec
tion four of the bill was reported by Senator
Faulkner with some amendments. providing
that where not otherwise stated any property
covered by deed OF trust mortgage should,
in case OF default in payment of the princi-
pal. be advertised for sale in the daily papers
published in the District ten days before sale
by the trustee.
To this proposition Senator Allen. of Ne
braska. objected. and asked Senator Faulkner
10 substitute sixty DAYS notice, but finally
offered an amendment requiring publication
once a week for eight weeks before sale, with
the additional proviso that certified copy
of foreclosure notice be served in person on
occupant and grantee of The deed OF convey
ance.
Thereupon Senator George urged that sale
should not be allowed by the trustee without
decree of a court of justice. and Senator
Hunton that notice should be given also TO
the owner OF the property IL he lives in the
District.
After some debate. Senator Allen finally
withdrew his motion and moved TO recommit
the bill to the committee. with instructions TO
report bill requiring the citation in a court
OF equity of the parties interested before the
property could be sold and the right OF the
owner extinguished
In urging his motion the Nebraska Senator
soon raised his voice from the usual monoto-
nous drawl of debate to ringing speech. in
which he set forth what seemed to him the
great injustice of the revenue suggested. He
:. ,boft Ia N, t,ti
OF class of purchasers unable to meet their
obligations. and that hundreds of thousands
of dollars were thus gotten from the people.
He urged that now was proper time TO
remedy the present state of affairs and put
an end TO trust deeds, foreclosure under
which was always regarded with great sus-
picion by the courts. Senator Faulkner
spoke against the motion. as changing the en-
tire practice and proceedings in the District.
The expense of carrying the proceedings
through the courts. auditors. commissioners,
and clerks ate up all the property in question.
Senator Hoar. of Massachusetts. said that
if sale was determined in the manner sug-
gested by Senator George man could never
borrow on his property. because it made it
impossible to secure to creditor payment
OF money loaned on the day stipulated. Insuch
a case experience always proved tia the
farmer had to pay extortionate rates Of in
terest man will naturally hesitate to loan
where it may mean a lawsuit. followed in
three or four courts.
Senator Georges answer was that punctu-
ality was usually secured by the character of
the debtor not by the security for the loan.
In ninety nine cases out of hundred it was
secured that way.
1t was then suggested by Senator Hunton
that the present law allowed debtor and cred
itor to choose between the deed of trust
method or a mortgage. What the present
bill was for was only to regulate the method
of procedure where default was made in case
of deed of trust. Choice was left to both
parties to select whichever they saw fit.
Senator Faulkner urged that it was not fair
TO bring up this question when that issue was
not raised but Senator Allen. and. later, Sem
ator Cullom insisted that it was. Senator
Faulkner said the District had been built up
as it had because of the present system, and
the many building associations here were a
proof of its excellence.
Senator Aliens motion to recommit was
then put and lost-Ayes, 16; nays. 80.
Senator Allen then brought up his first
amendment, and another. which gave
debtor one year after foreclosure and sale to
redeem his property by payment of principal
and full interest. In order to allow the Sem
ate to go into executive session. discussion
was postponed, and the bill went over as
unfinished business.