Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1910-05-27
Troublesome Lien Law.

the cor s,itutiona.ity OF the material
men lien law. passed in March,
1899. which the Legislature, in spec
ial session. in August following, at
tempted 10 repeal. and which Cover
nor Hay, IN turn vetoed, except the
repeating clause Therefore the last
August enactment became meaning
lrSS. TWO corporations. in the Su-
rcr.0r Court Of King county, insti-
Tilted al action 10 torec.ose two sep
arate material-men liens, against
the owners OF the real estate in
VOWED.
The complaint did not allege that
the licnors before fling their respect
i've liens or at any time furnished the
owners with duplicate statements OF
The material delivered. as provided
in the act OF March, 1893. The de-
PENDANTS demurred to the complaint
which was sustained by the lower
court The action was dismissed
and the plaintiffs appealed. 1t de-
yeloped in the argument that many
thousands of dollars, representing
claims for materials furnished build
ing-contractors, are dependent upon
the outcome of this controversy.
Material-men in Seattle, Tacoma and
Spokane had in many instances been
advised that the law Of March, 1909,
was no longer in force. In the Su-
preme Court. this law was attacked
because its title was defective, and
did not comply with our State con-
stitution in that regard; that the act
should have referred in the title to
the former laws of 1893 and 1905,
which were affected by the 1909 law.
The attorney for the appellants
claimed it was a great hardship to
require material-men, every time ar
ticles like barrel of cement, q door
or window, were furnished the con-
tractor, the owner of the premises
must be notified, otherwise no lien
therefor can be enforced. The coun-
sci on the other side, said the law
was a just one and calculated to pro-
tect owners of property. who in
many instances had been subjected
to the very worst kind of treatment
by settling with their contractors
and finding thereafter claims coming
in for material furnished of which
they were entirely ignorant at the
!. time of adjustment; that Gov. Hay
tried to revive the old law and failed,
/ he having attempted to do that
. which he and the Legislature could
, not have done by concerted action.
The fault was with our Legislature.
That body were not sufficiently care
full to protect the material-men from
: assuming unnecessary responsibility.
) The law-making body had the power
to frame the law providing for the
, enforcement of liens of material-men,
: and how can it be expected in reason
. that the Supreme Court will assume
t legislative functions and repeal the
obnoxious law? This function ought
to be left to the Legislature, and a
few such lessons of hardship might
t tend to make their body more careful
in the future regarding hasty legisla.
? ton.
D Did not Gen. Grant when Presi-
: dent observe. the best way to get rid
of an obnoxious law is to enforce it
' Courts ought not to be too ready te
e declare legislation unconstitutional
b on the grounds of expediency and
t hardships. Otherwise members o.
e the law-making body are apt to be
t come careless, thinking if the Law
e does not work satisfactorily thu
t Courts can take care of that feature
= -o>
THE new declaration of faith of thu
= Center Church Congregational o
New Haven, Conn substituted fol
q the Apostles creed referred to in {
= previous number, is in full as follows
+ "In the presence of God and man:
heartily confess Jesus Christ as Master
and Lord and solemnly consecrate my
Il self. as his disciple to the service Of thu
: Father Almighty, whom he has revealed
= And, trusting in Gods spirit to confirm
d and strengthen me in all goodness.
8 will serve to do his holy will and d
walk with my fellow-men, everywhere
+ in love and peace Of our Lord Jesu'
Christ"
1, The pastor then adds:
land you do now, cordially Join your
: self to the church of Christ, and 70,
a promise, with Gods help, to walk will
it in ordnance of the gospel and 10 pral
and labor for its increase, purity ant
: peace"
i IT is officially announced by tn
:. Navy Department that the Atlantic
y feet, consisting of 16 warships, will