Omaha daily bee., 1903-01-19
PROTECTION FOR cONTRAcToRs
object of the Substitute Lien Law that
Has Been Presented TO the
Legislature.

LINCOLN, Jan. Ito the Editor OF The
Bee: There was introduced last Friday
by Senator O'Neill Of Lancaster county a
bill known as senate file No. 50. which Is
IAN act to provide a lien for labor per-
formed In building, repairing or removing
any house, mill, factory, building or APP
purtenance thereto, by virtue OF a contract
or agreement express or implied, and to
provide for the payment of labor
This bill originated with the contractors
OF Omaha and Lincoln and proposes the
repeal Of the present lien law and the
substition Of a lien for labor only.
The lien law had its origin in the general
desire to protect labor in the right to its
lawful earnings and to provide a means of
securing payment for labor in case Of fail
ure or dishonesty on the part Of the en-
ployer. This law became general through
out the country, being known as "the me
chanics' lien law" In recent years it has
been amended and enlarged until it's author
would scarcely recognize the original en-
actment.
The Nebraska statute provides that the
owner of a building shall be holden for any
materials furnished for his building, In any
amount, regardless of any contract between
him and the contractor for the building,
and regardless of any prior payment to the
contractor, provided the lien be filed within
the requirements of the statute. The
natural result is that no conditions of re-
sponsibility are required of tie contractor
on ordinary jobs, the dealer in building
materials invariably looking to the owner
of the property for the payment Of his
bills, always being careful to secure a cor
rect description by lot and block number
of the property to which the materials are
| daIiuarod tbia haipU pOngidarnd of mira
importance than the business standing Of
the contractor.
Doubtless this is an excellent law for
dealers in building materials, yet who would
advocate that a general statute should be
adopted which would extend the measure of
special protection to all other lines Of busi-
ness? In practical operation this law has
resulted in bringing into competition with
old established and reliable contractors a
class of incompetent and irresponsible men
who have nothing to lose and who therefore
often figure building far below it's actual
cost. leaving the owner loaded up with liens
after he has supposed his bills all paid.
The abuses and unfair competition which
have grown out OF the operation OF this
law have brought the contracting business
to that condition where it is no longer pos
sible to secure reasonable profits or pay
Inc NdBeb WHiCh ldDui a buA .
to expect. The introduction OF this bill at
the initiation Of the organized contractors
Of Omaha and Lincoln is the result Of
months Of careful investigation and is but
the expression of the unanimous protest of
contractors all over the state against the
present condition. We believe that ability
and experience, coupled with business in
tegrity, are entitled to a fair share Of pub
lie confidence and patronage in this busi-
ness as well as other lines Of business, and
that II the building interests are left to
their natural development that ability and
experience will meet with their reward.
the present lien law is a piece OF class
legislation OF the grossest type, contrary to
public policy and should be repealed. 1t
will require a peculiar stretch Of logic to
show that the lumber or hardware dealer
is more entitled to the fostering care of
the law than the coal dealer, the grocer or
the purveyor of any other commodity.
Most dealers in lumber sell coal also.
Should you buy of one of those gentlemen
a ton of coal on credit and fail to pay for
1t he would have all the remedies at law
of the ordinary creditor and no more, and
they would be found sufficient. On the con-
trary, should you buy Of this same dealer q
bunch of shingles to patch your roof and
likewise fail to pay for them, 1t would be
quite a simple matter for him to secure a
virtual mortgage on your home by filing a
lien within the statutory time. This dis
tinction may be entirely proper, but II so.
let it be at once extended. to the man who
sells shoes, clothing, groceries or any other
necessary article Of consumption.
This, in brief, is the case of the con-
tractors, and they are ready to defend II
against all corners, feeling that the public
sense Of justice and fair play will justify
their contention. They have no paid lobby
or campaign fund. but they are willing to
take the public into their confidence and
ask that fair and impartial consideration
be given to this proposed measure.
FRANK G. ODELL,
Secretary Lincoln Contracting Exchange.