Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-01-22
MECHANICS, LIENS.

MECHANICS LIENS.
There Il one fact which cannot b
too strongly impressed upon tho mint
ofeyefy member Of tho Legislature
Its this; The present Is an exceed
ingly bad time to alarm tho crediloI
class, or the capitalist, by means o
legislation which they may regard Al
adverse to their Interests. On the CON
tmry, the law.maklng power should,
n It must touch tho subject at alli
pursue policy TINT will iuc,uasl
harmony anu ioTboaruuce between
dtbiors and creditors, ami confidence
among mon who command money.
The subject Of mechanics lion law
was talked VI moro or lee, prior 10 tho
last election, and to some extent was
made, or sought to be- made, an Issue
Of the campaign. while It may not
DO denied that the present statute re-
lating TO mcchanica' liens Is impof.
feet IN some Particular, Ne impericc'
lions were exaggerated by stump
speakers who wero reaching after The
labor vote. AZ matter Of fact,
the lnLOrlng mau has excellent
protection undor ~ II no will
but take advantage Of it, pro
visions. IL Is tho lumber merchant
and material man, II any one, rather
than the mechanic or labortr, who has
Insufficient protection.
Three or more BILLS have been intro
dueed since the present session Of tho
Legislature opeutd so secure liens 10
mechanics and Others" and 10 repeal
all existing laws upon the subject. In
other words, several members Of the
Assembly arc committed 10 radical
and sweeping legislation regarding It.
one proposition IL TO give a me.
chnnic'a lien precedence over n mort
gage having priority Of date, undor
certain circumstances. Waving die.
custom Of the consututionAllty OF such
measure, II should be refused any
consideration at all, on grounds Of
sound policy. Such law would
vastly increase the difficulty Of aecur.
Ing loans, and In many cases would
render II impossible 10 got them. 70
illustrate; IL Is proposed to construct
building, factory, canal, electric
railroad, or other improvement,
anu 10 borrow money for tho purpose,
giving ~ security n mortgage on the
property, franchises, otc., 10 be- created
or improved; who would lend the
money under law giving n mtchan.
les lien priority over the mortgage?
Again; Many pieces Of realty now
under mortgage have greatly dopro.
ciated In vaiue-that IL, their value In
tho market has decreased, since the
mortgage was given. For tho purpose
Of procuring an extension Of payment,
aud At the same tune make the prop
eriy more productive, tue owner IL
willing to improve II; ifa mechanics
lien on the improvement Is going TO
take precedence Of the existing mort
gage, will that improvement be nader
Certainly not; aud II the extension OF
the mortgage shall be dependent upon
II, there viii be- Rn immediate foro.
closure. In such case the mortgage
Ia safer without the improvement than
with II, for " II were to be made, his
lien would become second one In.
stead Of a first.
Ifany member OF the Assembly rs.
plres to distinguish himself by drawing
and securing the passage OF a
bin that will radically change
relations between capital ana labor, or
debtor and creditor at tho present
time, he should suppress such an am
billion or be himself suppressed. One
Of tho CREATES. Presidents Is credited
with tho mottoi "Neyor swap horses
while you are iordinga stream" This
applies 10 laws In this Territory nj the
present time. We know how the ones
We have Are working, and that under
them Utah Ia today feeling the nnau.
cial pressure less than most other por.
lions Of the Union, whilo her CONNER
oIal credit ranks with tho beet. But
II some OF tho wUuld-bo roiormuis iu
the Legislature shall DO given their
way, there Is every reason to fear for
the result. These remarks viii not bo
construed, We hope, as donoting an
opposition to the working GLASSES AMI
their rights, aud an undue friendship
for the capitalist class. II the NEWS
leaue at all in this matter, It 10 toward
the opposite OF this, But We are
thoroughly honest in tue belief tina.
such radical legislation as has been
mentioned eau only result iulurIou5ly.
==s
THE POLAR TRIP,