The Indianapolis journal., 1897-01-18
Speaks from Experience.

To the Editor of the Indianapolis Journal:
The article i'm Fridays issue in regard to
the unjustness of the mechanics lien law
is to the point, and ! earnestly hope that
the present Legislature. which has num-
ber of trust bills before ii for considera-
ton. will look into the law referred to. AS
now upon the statutes of the State it gives
class of citizens advantage over another
without recourse. The innocent builder
having accumulated a certain amount of
money. concludes TO build a home for his
family. He calls in a number of what he
considers good. reliable and responsible
carpenters and asks for bids upon the plans
and specifications he has had made in ac-
cordance to the amount of money he
wishes TO invest. The bids are compared
and he asks for references. These are Civ
en-. and from these the contractor is Sc
lected: papers are signed and the work goes
on. The contractor has had good send
off by his friends: great confidence has
been placed in the references. and they are
supposed to be reliable citizens. The man
m9y' be closely confined To his employment
proba bly, he requests his wife to go over
and see how things are getting on. She
reports that work Is progressing nicely. On
Sunday the husband and wife take a walk
over to the new home. They discuss how
they they viii will ,SI eXpend the =, 500 they
price never dreaming that they
are in the tolls of one of the most con-
temptiblc, overredching trusts that has an
existence in the State. and the courts are
compelled TO recognize them as such. as
there is no alternative. When the house is
completed he pays the contractor the
amount of his bid and any extras that
might have been agreed upon. The supply
men come along, and bills probably
amounting TO 5000. and with astonishment
the builder replies. Il paid the contractor
all the money | agreed 10 pay him. and /
wont pay any more Well lien is filed,
ney. The court says: Enter judgment
against the defendant. with costs. interest
and attorneys fees" The husband re-
turns to his wife. regretting that he
ever attempted 20 build house. The judg-
ment rendered will take the money he had
intended to pay for few comforts in
household affairs and besides. he must put
q real mortgage on his home to pay the
balance of the Judgment The builder has
no voice or knowledge of the bills made
and cannot see how he can be forced TO pay
a debt contracted by another. even without
a personal or written order 1t is supposed
that all laws are created for the benefit OF
the people. not especially for one
class over another. 1t Is pre-
sumed that the supply man as wei
as the mechanic knows more about the
affairs of the contractor than a man who
is not familiar with this class of business
and consequently they should not seek ref
uge behind what might be presumed tc
be just law. IL the truth was Known
nearly every home that has been built dur
ing the existence Of this unjust law is plas-
tered with these liens. They cause a cloud
to exist on the title and reflect on the inno-
cent builder a shadow of dishonesty.
The Legislature should take up this mat
ter and weed out all defects contained in
this mechanics lien law. Protect the inno-
cent home-builder againAr rais gigantic
supply trust. Let every litigant pay his
own attorney. and when mortgage is filed
let the party filing pay his own expenses
thereto attached. IL a bondsman Is asked
for. they invariably wiggle out OF payine
the differences and the bondsman should
be given by the contractor TO the supply
men: this would be more JUST. The writer
of this article has just gone through such
siege. and ne knows wnat he is talking
about. he having had TO pay about $50
more than the contract price. The writer
was "A stranger TO the building operators
and depended upon the advice of personal
friends. but he was caught and had 10 pay
/ earnestly hope that some ur our earnest
antitrust representatives VIII bring this
question before the Legislature and tight
IL 10 a finish Nj. y. l..
Brazil Ind, Jan. 16