Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-03-20
AS TO EXEMPTION LAWS.
rsioux city Journal. ]

Tbere was considerable surprise
when the lower house of the Iowa leg
;slature nv a vote of 81 to 81, passed
the Greene bill restricting homestead
rights and wage exemptions. 1t was
sunposed at the time that the bill was
reasonably sure to be killed In the SEN
ate IT is more surprising to hear at
this time that there is believed to be
more than a chance that the senate
will mass the bill. In the cloud of poll
tics which has enveloped the proceed
ings Of the legislature, not enough at
tentian has been paid to 'nom1c
questions like the ore involved IN this
bill. 1t is safe to say that II Pubic
sentiment should be given free express
sion on the merits of the Greene Dill
it would stand no chance whatever OF
enactment.
Under the presen. law the home
stead of any family whether held In
the. name of husband or wife, is eX-
empt from judicial sale, regardless OF
value. The Greene bill provides that
the homestead shall be- exempt from
judicial sale only in case it's value shall
be less than $4,000 Homesteads of
greater value may be sold for debt,
the debtor being allowed to retain So
600 with which to purchase another
homestead.
Under the present law the wages of
any debtor who is the head of fam
ily are exempt from legal liability for
a period of three months prior to the
time of levy. There is no restriction
as to the amount of the wages. Under
the Greene bill the exemption applies
only to wages under $40 month. Any
ceived either by al head of a family
or by members Of the family to whose
services he is entitled is subject to
garnishment for debt.
Effort has often been made in the
past to modify the existing exemption
laws in favor of the creditor and
against the debtor. The attempt has
always failed for good reasons. The
exemption laws We're not placed on
our statute books to enable debt dodg-
ers to beat their creditors. The laws
were passed for the protection of So
ciety at large, In confidence that the
welfare of the community as a whole
would be promoted by them. Nothing
has occurred of late to diminish this
confidence or to warrant change of
policy. It is true that occasionally
dishonest person will dodge behind the
exemption laws to avoid the payment
of an honest debt which he could and
should pay. This is equally true of
the bankruptcy laws, but in both cases
the general result Is wholesome, and it
is the general result which lawmakers
should take into account.
1t is not we'll that whole families
should be deprived of their homes or
of the means of subsistence in order
that creditors, who should have taken
the financial responsibility of the debt
ors into account in the first place, shall
be able to enforce the letter of their
bond. AS "a rule the community thinks
it good policy that the less well-to-do
shall be assured of place to live and
the right to use the personal services
of the bread winners in behalf OF their
families, regardless of unfortunate in
vestments or unwise applications for
credit. If such families cannot support
themselves it devolves on the commun-
ity to support them. The community
considers it better economy to pass
laws providing that such families shall
be left able to care for themselves. The