The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1915-08-08
Back From Montgomery
Where He Headed Delega-
ton Before Legislature
SOLONS REALIZING
WHAT IT WOULD MEAN
Thinks Senators Will Kill Measure.
Number of Prominent Attorneys Go
on Record Against the Measure.
Make Written Statements

II. Motion returned yesterday from
Montgomery, where he appeared as
chairman of a delegation of real es-
tate men in opposition to the proposed
change in the Alabama landlords lien
law
Il feel confident the bill will never
become law" said Mr.. Motion "be-
cause the legislators with whom l
talked now realize its injustice and are
convinced that 1t was proposed purely
In the interest of certain bankruptcy
lawyers.
THE bill had passed the house be-
fore anyone knew what It really meant
The senate committee has already
amended 1t but the spirit of the SEN
ators with whom I talked seems to be
| against it Prominent men from Bir-
mingham, Montgomery and Admission
spoke before the committee in oppo-
sition to the measure and 1 feel sure
| made a strong impression -
A number of prominent attorneys
have gone on record against the bill
| and have written statements on the
| subject. Among them are the follow
| ing:
| Smyer Against Measure
81 understand that there Is bill pend
| ing to amend section 4747 of the code In
regard to the lien of landlords of store
| houses, etc
| Il understand that this amendment linn.
| Its the lien to the extent that in this
| event of insolvency or bankruptcy of tn,
tenant the landlord has lien only fol
| four months rent next succeeding tn,
| ha nl{runfCV Insolvency
months next preceding the bankruptcy
| or insolvency.
THE thing to consider is who will thii
benefit and who will it injure?
| THE only person that 1t will benefi
| will be the common creditors of the bank
rupt or insolvent. These creditors hav,
| ample opportunity to protect themselve
before debt is contracted to them b,
ascertaining from the tenant the term
of his lease, and passing their own judg
ment as to whether or not they are will
ling to risk a credit to him. You cal
analyze 1t and the common creditor Il
the only person who can be benefited
"On the other hand, who will it injure
| If you sell a piece of land, you wan
| some cash payment or some security TO
the purchase money or you will no
sell
"A lease Is in legal effect a sale of tn
land under the terms of the lease, an
unless the landlord gets some cash O
some security he will not lease
Under the law as 1t now exists, tn
landlord has the lien for rent as HI
security If you take that away as tn
proposed law will do. the landlord
going to protect himself and is eithe
going to require the tenant to pay 1
cash, or give other security, and man
tenants are not able TO give other sc
curity.
another hardship that will be worke
on the tenant is there are many land
lords carrying tenants past due rem
some as much as year behind in the
payments, whereas under the propose
law, no landlord will allow his tenant
run on and get more than four month
behind.
, 1T seems to me that the effect of thi
law. II so amended, would be to place tn
entire burden of the law of the tenan
and work hardship on him, and IL !,
, cannot give outside security, he cannc
, get house, for he cannot lease a hous
on long term, and, In fact, il he cannc
give security for a years rent, he cannc
rent house for years term.
You know that as to a business hous
you have the rental year, and no landlor
Is going to be willing to rent his hous
for year with the probability of its be
Ing thrown back on his hands at the en-
of four or six months, where he has n
lien on the property in the house. conse
ouently he will require the tenant to civ
outside security, for his protection, fc
the term of the lease.
AS / see it, the landlord is In positio
to protect himself and the whole burde
of the law will be placed on the tenan
and IT will be placed there for the benef
of common creditors who could IL the
would, protect themselves before the
grant the credit.
Personally, I am not Interested as
landlord. but l write a great many Ion
term leases.
II assure you. from my experience, tn
landlord will protect himself by requil
ing outside security, but this law wi
place the burden in many instances wher
1t cannot be borne, and will deprive man
parties from making advantageous lease
"E. J. SMYER. ESQ"
Injurious to Everybody
ing that 1t would be "a great mistake.
} my opinion. for the legislature to enat
, house bill 118, which has for its purpos
, the amendment of section 4747 of tn
iccde.
THE proposed law cannot be in the II
terest of tenants, and 1t would certainl
be injurious to landlords. So far as m
} observation has been, extending over
! period of many years, the lien given
landlords Of storehouses and dWellin
houses has not operated harshly upo
anybody. The law gives the tenant-holt
ing class a basis of credit in the rentin
) of storehouses and dwelling houses whic