The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-01-19
GARNlSHMENT BILL.
Text of the Measure That Gov
ernOr Bailey Vetoed.

The anti-BaiIey statesmen are begin
ming to be worried about the trouble
they have started over Governor
Baileys veto of the DOlley garnishment
bill. They are wishing they hadn't.
The trouble now threatens to react
against them.
Those who are now making the f=ht
are Tnisrepresenting the provisions of
the bill. They are saying that under
its provisions only 10 per cent. of a
labOring mans wages could be taken
for debt each mO2th. Instead of that
1t allowed 25 per cent. Of mans wages
TO be taken
Debts contracted for ''necessaries of
life" are those which are exempted
from the exemption Debts contracted
for anything else do not come under
the provisions of the bill II a labOring
man went into debt for groceries and
then sickness came into his family, the
grocer could step in and take a fourth
OF his wages every MONTH no matter
how much his family might be suffer
ing. On the other hand, if he had Dor
rowed the money with which to bug his
groceries. the man from whom he Dor
roWed could not collect from him. Only
the grocer could do that. This same
grocer IN the meantime. might have a
i've thousand dollar house but if he
called 1t his homestead his debtors
could not touch it. no matter how much
he might defraud them. The bill was
50 manifestly unfair that the legisla-
ture or 1901 refused to pass a similar
one, introduced by another auti-PaiIev
man, Representative Sarbach of Jack
son county. and the Dolley bill would
never nave passed the last house had
us provisions been fully understood
me Dill, house bill No. 6S1, just as it
was introduced by Mr.. Dolley, who is
now trying to work up the merchants
OF the state against Governor Bailey
lor Vetoing it, is as follows:
BE 1t Enacted by the Legislature of
the State of Kansas:
Section l. Section 1867 of the GEN
eral statutes of 1901 be and the same is
hereby amended so as to read as fol-
lows; Sec 1867. That the earnings of
q debtor who is a resident of this state.
Tor ms personal services at any time
WITHIN three months next preceding the
issuance OF an execution, attachment,
or garnlshment process. cannot be an
plled 10 the payment of his debts. when
xt is made to appear by the debtors
afhdaVlt or otherwise that such earn
1ngS are necessary for the maintenance
OF a family supported wholly or in part
by ms labor; provided, that at the time
OF filing such affidavit the debtor shall
notify the plaintiff or his agent or at
toFneyS thereof in writing: and prOvid-
ed' that nothing herein contained shall
prevent the adverse party from con-
troVerting the matter sought to he
proven by such affidavit by counter
athdavit. or if sought to be proven in
any other manner the same may be
controVerted by any competent evil
denee; and provided further. that such
counter-affidavit shall be fled within
twenty-four hours after the notice of
ming Of said debtors affidavit and final
hearing shall be had thereon at 2 time
IlNed by the court, within ten DAYS
from the notice of the fling Of such
debtors affidavit, if pending in jus
tees court, and if pending in the dis
tflct court 1t shall be tried at the first
term held after the fling of such am
davit; and provided further, that the
provisions Of this act shall not apply
to any claim or debt contracted for the
necessaries of life by such debtor for
himself or family; and in any action or
proceeding by garnishment or other
wise brought to subject the earnings
OF a debtor to the payment of any
cialn or debt contracted for the pur-
chase of the necessaries of life for The
debtor or his family, 10 per centum
only of the debtors earnings shall he