The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-02-15
HOUSE PASSES
CARNISHEE BILL
Provides Costs Must Be Advanced tc
Employers.
THE DEBATE is PROLONGED
NEW MEASURE AS TO DISMISS
AL OF ACTIONS.

Al Or AZ lions.
After threatening for a time so to
stretch the provisions of house bill No.
%, by McCrea, that relief would not
be afforded where it is wanted and
needed. the house yesterday afternoon
passed the measure. with an amend
ment. by vote of IS to Z The BILL as
amended and passed, provides that be-
fore answer can be required in gar
nishment proceedings the garnishee
must be paid a fee of s1-50. The bill
originally provided a fee Of So 1t fur
ther provides that in no case, except
ing where the garnishee is found to
have credit due the defendant, shall
the costs be taken against the gar
nishee.
Long Debate Over Measure.
The debate preliminary to the bills
passage consumed much of the session
McCrea explained the merit of his
measure, citing instances where gar
nishment proceedings had been brought
and the garnishee put to expense to
deny that he was in any way indebted
to the defendants. He believed the eff
feet of law such as his bill proposed
would be TO eliminate many garnish-
ment proceedings having little or no le-
gal basis.
Amendments Are Offered.
Marks proposed an amendment al
lowing a fee of but 80 cents. asserting
that cases where gsTnishees were put
TO expense or any great degree of trou-
bic were small. He proposed also to
have this fee cover a period of six
months. during which no other fee
might be paid the garnishee for SINH
lar proceedings.
Joseph spoke against the amendment
and for the original bill Joseph drew
d picture of the garnishee in his office
being forced to telephone an under-of-
fetal at Marysvale, who in turn had 10
inquire of the alleged Indebtedness of
the mine foreman, who then had to see
the store keeper, who saw the boarding
house proprietor, etc, etc.
BY this process, Joseph soon had the
garnlShee under enormous expense and
loss of time He was asked by Marks
and Tolton if the garnishee might not
inquire by letter of the facts he desired
10 embOdy in an answer to garnishmen1
, proceedings Joseph believed that il
many Instances the time allowed within
which TO answer (ten days. would not
/ suffice. He cited examples to prove his
| assertion. Joseph stated that he wanted
l to see a bill protecting garniSheeS from
I unjust proceedings passed, and thai
! Marks amendment as to fee and time
| practically made the bill worthless.
HaggIe Over Fee.
At this point Marks agreed to a fec
OF 81 and a time period of three months
/ within which no other fees need b,
I paid. Joseph amended by making th'
Zee SI-50, and striking out all reference
| to time. This amendment carried anC
/ the bill was placed on its final passage
! The vote was as follows:
Ayes-AIIen. Anderson. J. A, Austin
/ Carroll Christensen, Gotham. Cromar
Z q - i
! dry, HaWley, Hone. Hopes, Johnson
Jones, Joseph, Kinney, Kuchler, Ly
/ man. McCrea, Miller. Pace. Pancake
| Painter. Peterson, Richards, Roberts
! Spencer. Stewart. Stringham. Wilson
/ WOOttOn and Speaker Hull-35.
Nays-Anderson, a. V, Luther
/ Marks, Merrill, Simons, Stookey anc
Tolton-7.
Corrected Reports Adopted.
House committee reports were adopt
/ ed as follows:
Public Health-HOuse bill No. 12S. b.
I Dean, amending statute relating to be
! fOuling waters. Recommended for pass
/ age.
/ Public Health-House bill No. 1l2. by
/ Dean, providing that the labels on pro
prietary medicines shall state the per
! centage of alcohol contained and relat
| ing to the licensing of the sale of pat
ent medicines. Unfavorably reported.
/ + tlllelllldIGtS ana IIlSOllS-f1OuSC Oil
| No. 80. by Edward. amending the stat
ute and session laws relating to tn,
/ state board of correction. Recommend
J ed for passage.
judiciary House bill No. IS. by Kin
| ney.
| Judiciary-House bill No. 50, by Kin
4 ney, providing for the enforcement o
/ judgments in counties other than tn,
/ one in which it was issued Recon-
/ mended for passage
! COuntieS-HOuse bin No. 81, by Kin
! ney, providing for the transfer of liquo
licenses as to person and place Tn
! favorably reported.
! Counties-House bill No. 96, by Pan
/ ter. requiring county commissioners e
! furnish justices of the peace witt
! copies of legislative session laws. Tn
| faVOrably reported.
( Ways and Means-House cOncurren
| resolution No. 3, by Joseph. providing
/ for the turning over TO the state of tn
! balance of 81, 13L12, held by the LOuisi
/ ana Purchase exposition
ST. Louis Fair Bill Received.
J The house received senate bill Nc. Z
| by Johnson. yesterday, appropTiatins
/ s. 800 TO cover the outstanding debts O
/ the Louisiana Purchase exposition. Tn
! bill was referred 10 the committee Of
| ways and means. but not before JOSEPH
| had called for its reading and inquired
| regarding the change of the appTopria
] tiot, from G10 n 1Q0 ca q1eIIPl