Omaha daily bee., 1905-01-22
Lawyers Insist the Bill Would Be Knocked
Out by Courts,
STRINGENT GARNlSHEE BILL APPEARS
All But Nine Dollars Per Week Of Wages
Subject to Execution,
NO CLASS or EMPLOYEES EXEMPT
Another BiII which Comes from
Same Source t. Intended 10
Knock out Trading
stamps.
CFrom a STAFF correspondent

LINCOLN, Jan. A.-(Special Telegram.)-
Divesting the legislature of its consutu-
ency rights of electing United States
senators and limiting the power of the
lawmaking body to the mere act of declar-
ing elected the senatorial candidate chosen
by popular vote at the general election
Immediately preceding the session of the
legislature at which senator is to be
elected a bill was introduced in the house
today by Anderson Of Hamilton.
The bill provides that each political party,
beginning with the fall election of 1906,
shall place on the official ballot at the
general election the name of a candidate
for United States senator and that the
man receiving the highest number of votes
at that election shall be considered the
choice and preference Of the people of the
state for senator. or course, all that Is
left for the legislature to do is merely TO
complete by formal routine what the people
have done. The BILL, of course, provides
that this procedure shall take place at the
election Immediately preceding the time
set by law for the regular election by the
legislature of a senator.
Under this measure the candidates for
senator must be chosen by their respective
parties through a primary election, or, at
the option of the party. at the state con-
Yention which nominates the state officers.
Such formalities as filing the names of the
candidates with the secretary of state and
canvassing of the vote the same as is now
done with all state officers are enumerated
in the bill
While admitting that, in a measure, this
bill leans toward the popular election OF
senator's, men who favor that mode of
election, but who are not in favor of this
bill, take the position that 1t would be folly
ha apri ell t1nTa fn nFga IN nf
such a law so long as the constitution of
the United States vests the election of
senators in the legislature. that such law
would at once be declared unconstitutional.
In the light of this view these critics con-
tend that the authors of this measure are
not friends of the popular election theory.
Trading Stamps and Exemptions.
Backed by. .idebticaa .intsrests.s an- .exemprt
ton bill and a bill to abolish the trading
stamp business were introduced in the
house this morning. The latter measure.
though submitted by Hogrefe of Richard
son, was drawn in Omaha, and the former,
If not drawn by Omaha men, has the en-
dorsement OF powerful influences there-the
same influences, in fact, which supported
a similar measure two years ago.
The fight to secure the passage of an ex-
emption law two years ago is Still fresh
III lHt puDllC IulIu, Since IL WAS 6Alenueu
into the recent state campaign and made
an issue in the gubernatorial contest. Gov
ernor Mickey who vetoed the exemption
bill of 1903 after it had passed both houses.
was made the special target of certain OF
the creditor class. while drawing strength
from the laboring element because of his
action on this matter.
The bill of two years ago exempted $35
of a debtors wages in the hands of an
employer at any one time and allowed
garnishee of all wages in excess of 20 per
cent of the $50. The present bill exempts
50 e week and the present law exempts
the wages of sixty days. The new bill s
considered the most drastic of the three
for the reason, among others,
that it permits a creditor to take all but
50 a week of the debtors wages as fast as
they fall due him.
Text of Exemption Bill.
The bill introduced today is II. H. 124, and
was submitted by GLEN of Red WLloW. u
reads as follows
Sec. 521. All persons Who are heads of
families and who have neither lands, town
loLs or houses subject to exemption as q
Sd1 HOMESTEAD hes under the the laws & Of this state.
ecution personal property of the value OF
Sec. $50. No property hereinafter mentioned
shall be liable tor attachment, execution or
sale on any final process issued from any
court IN TINS state against any, person be-
family First. the family Bible; second,
fanny pictures, school books and library
for the use of the family; third, seat or
pew In any house or place of public wor-
ship; fourth. lot in any burial ground:
hfth all necessary wearing apparel of the
debtor and his family, all beds, bedsteads
and bedding necessary for the use OF the
debtor and his family not 70 exceed four
furniture not herein enumerated, to be Sc
lected by the debtor not exceeding in value
500; sixth, one cow, one hog, and If the
debtor be at the time actually engaged In
the business of agriculture, In addition to
the above one yoke Of oxen, or pair OF
horses in lieu thereof not exceeding In value
the sum of $500; one wagon, cart or dray,
two plows, one drag and all necessary gear
the necessary food for the stock mentioned
In this section for the period of three
of any mechanic, miner or other person
used and kept for the purpose of carrying
on his trade or business; the library and
implements or any professional man. All OF
which articles hereinbefore intended to be
exempt shall be chosen by the debtor, his
agent. clerk or legal representative, as the
Sec. sci. Nothing In this chapter shall be
so construed as to except any property In
this state from execution or attachment for
clerks, laborers or mechanics wages for
money due and owing by any attorney-at-
Grafton received by said attorney for
any person or persons; nor shall any
tmnR IN lnlS cnapter De construed to
empt from execution or attachment prop
erty of the value OF more than $500 for any
deb, contracted by any person In the pur-
chase of the actual necessaries OF life for
himself or family or for any person or per-
sons who were at the time Of Contracting
such debt dependent upon such person pur-
chasing the same for support; provided,
that where the debt contracted therefor
shall be deemed the debt Of both husband
ing herein contained shall be construed 10
exempt in the aggregate more than $500
worth Of personal property 10 both husband
and wife.
Sec 5sla. The wages OF all persons who
are the heads Of families I'm the hands OF
those by whom SUCH persons are employed
shall be exempt from the operation OF at
tachment execution and garnishe process
10 the extent OF 50 per week Of said wages;
provided, that nothing In this act shall be
so construed as 10 protect the wages OF
persons who have or are about 10 abscond
or leave the state from the provisions of
the law now in force upon that subject
Al present certain classes Of employees ara
exempt from the operations of q gar
nishee law. but this bill proposes to wipe