Omaha daily bee., 1909-05-17
Exemption Of wages.

OMAHA. May i5.-TO the Editor OF The
Bee: II may be interesting TO your read
ers. and the public in general. 10 call at
tenion to a case involving ga~rnishments
and exemptions recently decided by the
supreme court OF the state of Nebraska.
The case is one which was brought by
me in this county and was decided by
Judge Howard Kennedy. and Is entitled,
Jones against Union Pacific Railroad Co.
et al.
The question involved, was exemption OF
wages. A party in Columbus, Neb., OBJ
tanned a judgment against a Union Pacific
engineer by default. In course Of time, the
Union Pacific Railroad company was garn-
ished, and wer in a justice court In
Platte county that II owed the engineer
about a months wages. The justice court
directed the railroad company to pay into
court a sum sufficient to satisfy the judg-
ment. The engineer employed me to protect
his wages. and ] brought suit in equity al
leging among other things that the ehgi-
neer was the head of a family; hat he had
no houses. lots or lands subject to ex-
emption under the laws of the state Of
Nebraska: that the money held up by the
/ Union Pacific Railroad company was for
wages earned: that 20 per cent was
especially exempt under the law as 1t ex-
isted: that he was entitled to claim all the
wages due him as a part of the $500 In
personal property exempt to heads of fam
lilies under section 81 OF our civil code. In
other words, I commended that wage earners
heads Of families, having no homestead
exemption. may claim as exempt, all the
wages due them as a part of the $500 in
personal property exempt under said sec
ton. The opinion of the court written by
Judge Duffie, affirmed Judge Kennedy
upon this branch OF the case and perman-
emily enjoined the railroad company from
paying the justice of the peace the amount
of wages due the engineer.
The opinion which has not been published,
is very brief, and reads as follows;
The head OF a family having neither
lands, town lots or houses, which are
e..cnpt under the laws of the state, may
CHIN all OF tine wages due him as a part
OF the f5eO In personal property exempt Ia
him under secuon III OF our civil code,
Is a party, VINO Is the head of a family
having neiJns- lands, town lots or houses
which are exempt under the laws of this
state, entitled to claim all the wages due
him as a part OF the $500 In personal prop
erty exempted to him under section 521 OF
our civil code: in other words, Is money
due for wages earned. personal property
within the meaning of the statute?
In Lappin against Mumford, Il Kan. 9, II
is said: "A claim existing in favor of al
estate for services rendered by tdc dc, IN
in mis- life time is peIsonu pIupe.y ~--
may be sold by the admintstrItO..' /.
Ritch against Talbot. a. Conn. Ii, . -.
q. the court held that the term Pc. sd
property used in a Will included deDts gu.
the t~estator, sucn deJts being all tue ret
soaal property he hGu exCeps his hoIsehJl,
furniture ana certain money in the DSna
IN Lining against lily Council o; Cdarles
ton. 1 MuCcrd. 81, IL WAS sna: "IlCp-ne'
and profits. .aS9I. Wases or hire ale IN
cludCd under tie aJ.i.s.i se-e.a.4 s.tlum q
personal pIcIcity ior tie .Isht. 5,lng at
tlched to a man. and Tor Unicn. IL wit .
held from him, he cas no other remedy
but by 4 personal aCtiuH, may very p opetl,
and empnatioaiiy DE ueno.ninIteu persona
property The sa.ary % an officer OF
bank was personal property. Under a cit!
ordnance laying a tax on ali profit .
income arising from the pursuit Of an.
faculty. profession. OF Occu JaJJn, trade O
employment" The words Iefsoaal prop
erty' embrace not only goods, chattels
coin, bills and evidences NJ debt, but i
= their strict and more a appropriate lega
definition signify the right and Interest o
the owner or owners In these articles
i,Stief against Hart, q ". " 60
There can be little doubt mat wages du
is embraced in and covered b. tie Voc
personal property found In section 81 o
our civil code, and that money dle cithe
for wages or tor any other account ma
be claimed as exempt under the provision
of that statute which Is to oe LIBERAL
} construed. I. W.