The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1899-03-01

BUT II may be claimed by the friends
OF this bill that a purchaser OF personal
property should ascertain whether
there is mechanics lien" upon the
same before they pay for 1t. This Is
reasonable upon Its face. and yet, 1t is
difficult matter to determine. Take
this Illustration: Scores OF men deal In
lumber. They employ labor. and they
are benefited by the products Of such la
hor. They. however. fail or refuse to
pay their laborers. They ship lumber
or some other article. which is the pro-
duct OF the toll Of the men they en-
ploy. They sell 1t and pocket the money,
and refuse to pay the men who pro-
ducedit. What Is the result? The
men who did the work. cut the tim
ber etc. find that their employer Is
attempting to defraud them: they enter
their mechanics. liens and follow the
property, and necessarily require the
innocent purchaser OF the lumber or
other articles, to pay their bills. not
withstanding the fact that said innocent
purchaser of the lumber or other arti-
Gle, has paid full value for the same.
An Unlimited Law.
1t seems to me that every honest cIti-
zen will agree that a law 80 unlimited
In Its character Is manifestly wrong
and unjust. twill not only. in many
instances. require an upright business
man, entirely without any intent to de-
fraud any one. to pay twice for what
he has honestly purchased in the con-
duct OF his legitimate business; and 1t
VIII necessarily hamper trade and dis
rupt business generally.
Il am lumber dealer, we will say
John Smith comes TO me with a raft of
1,00O thousand saw logs. The lumber
is exactly such as need pay Mr..
Smith his full price for the logs. He
receives his money; and returns to his
home. He. has been fully paid, and Is
satisfied. A week or a month later, the
men who cut these saw logs come to
me and inform me that they have an
unpaid claim against this raft OF logs.
They have filed their mechanics lien"
for r5cutting them. in accord with the
requirements of this bill. They have
not been paid for their honest work
Under this law. they can take posses
sion OF this raft of saw logs, notwitfl-
standing the fact that have fully paid
MIR. Smith for them. This isinot right,
and no one will say that 1t Will not In
terfere seriously with the lumber busi-
ness OF the state. No honest man will,
or can say that this will not prove Il
serious menace to business in general.
But the friends OF the bill may claim:
First. that labor is worthy OF It's hire
which is unquestionably right, and sec
oRd, that every one engaged In pur-
chasing any commodity should first find
out, before he makes n purchase,
whether the article he buys is free OF
the incumbrance fixed by this bill. Can
this. in all cases. or In a majority OF
IaI Il T., ) l. a. -
Under our general statute, relating to
mechanics liens. one has sixty days to
file his lien, from the time he completes
his labor on the property upon which he
may file 4 lien. A purchaser-entirely
innocent of anyintentional wrong doing
may Inspect the record in the county
in which the work was done. with u
view Of ascertalning whether mechan-
chanics' lien has been filed against the
property. which he desires to purchase.
None appears. The sixty days. however
in which lien may be filed have not
vet fully expired. He makes the pur-
chase. a few days later lien Is en-
tered on record. He knows nothing
about II. He believes the property is
clear OF all incumbrances. He pur-
chases it and pays full value for the
same; and yet. under this bill. me-
chanies lien may be subsequently fled
and the innocent purchaser can be held
liable for the amount that has not been
paid to the man or men who has or have
not been paid for the labor upon the
property involved In the transaction
y Settled Policy.
1t is the settled policy OF the CONNER
cia! world that personal property shall
pass. In the business transactions of
mankind. unhampered by concealed
liens; and this is and has been the de-
ciared policy OF our state, as shown BY
our Legislation In its requirements as
TO recordation OF liens and stipulatlons
relative 10 the passing OF the titles OF
personal property. Had this bill pro-
vided that the article or articles pro-
duced by labor, been subject only to the
liens OF mechanics, so long as 1t or
they remain in the possession of the
party or parties who employed the la
Dor, 1t would, In my judgment, have
been q proper law. and therefore could
not seriously restrict trade among bus
iness people.
IN view OF all the facts. notwithstand-
Ing my belief that the intention of the
author OF the bill Is a just and proper
one. yet cannot consent TO It's becom-
ing law, because Ii will necessarily
involve innocent, well-meaning business
people. and will. as n result. necessarily
hamper legitimate business in the state,
and / accordingly veto it. because 1t
contains no provision for the protection
OF innocent purchasers.
G. w. ATKINSON,
Governor.
Charleston. W. Va. February 25. 1899