The Fargo forum and daily republican., 1918-01-25
.DIVET OF FARGO.
DRAWS new PLAN
Continued from page 1.)

case of man dying, and whose soE
may not have been heard from fol
four or five years. He may be in the
military service, and yet he may not
be, but as there is no way Of know
ing for sure that he isn't in the serv-
ice, all proceedings in the probating
of the estate would be tied up.
There is, too, the case Of the
| purchaser of a threshing machine,
The purchaser may go into the mill
tary service, and. the threshing ma
I chine would be gradually depreciat-
| ing, till 1t is of no value. Yet the
| holder of the mortgage would be
| powerless to act, and when the man
comes back from war, he not only
finds his threshing machine destroy
| ed, but he still owes the debt. The
effect is an injury to all parties con-
ceTned.
Instances could be multiplied
without number in which wrong
would be or could be done to parties
either in the service, or outside Of it,
because there is absolutely no way
provided for safeguarding their inter-
| ests.
The Eviction Clause.
Take the third section, for
instance, wherein no eviction for
failure to pay rent would be permit
ted. OF course, that clause has been
eliminated as in violation Of the
constitutional guarantee covering
contracts, but such a provision would
virtually absolutely bar a man Of
the draft age from obtaining house
in which to live, because no owner of
property would be willing to rent to
him with the prospect of seeing the
rentee leave to join the army.
The same holds true with respect
to all kinds and manners Of trans
actions. A man Of draft age would
find himself absolutely unable to en-
ter into a contract Of any kind, be-
cause there is nobody who would be
foolish enough to lay himself
open to any such proposition as
provided in this proposed act.
"In preparing a substitute measure,
provision has been made whereby
the results that we seek to attain
are accomplished, and at the same
time we have safeguarded the inter
ests both of the soldier and the other
parties interested.
1--WE have definitely declared a
moratorium as affecting rights of
soldiers, and have defined what is
meant by person engaged in mill
tary service.
Substitute Provision.
THE third section of the proposed
substitute bill carries full protection
to the soldiers, in the following man
ner:
ANY proceeding taken against any
person engaged in the active military
service of the United States, shall
be treated as absolutely void, at the
election of such person, and upon
proper application to vac6te the same
within the period mentioned in sec
ton Zone year after the war ends)
IL shall be vacated and declared void
as a. matter of course; provided,
however, if such proceedings were
taken in good faith without knoWl-
edge of the fact that the person pro-
ceeded against was so in the serv-
ice OF the United States, then the
person so proceeding shall not be
liable to any damages on account or
taking such proceedings ana snail pe
subject to no penalties on account
thereof, except that he shall be llaple
to account to the person SO proceed
ed against in such way as to equit-
ably restore such person to the posi-
ton he would be in If such proceed
ings had not been taken.
"Tha substitute also spectncally
proceeds that no action for divorce
shall be maintained against any per-
son in the service, without his or her
appearance and consent to It's
maintenance.
power With District Court.
"The district court is also given
discretionary powers in the matter
OF permitting certain actions against
persons in the service. III the court
is satisfied that property involved in
a. mortgage foreclosure or other pro-
ceedings will depreciate in value, or
that the interests of the parties re-
uuire that it should be disposed OF,
the court is empowered to make an
order that upon giving a bond with
sufficient surety, to be approved by
the clerk of court, to indemnify the
owner for the value Of property In
case it shall ever be adJudged that
such foreclosure or seizure was not
for a valid existing debt then such
mortgage or other lien foreclosed or
such property may be taken on execu-
tion as the case may be, but the
iudp-ment in any such foreclosure
proceedings shall not be taken to
have established the validity or
amount of the debt for foreclosure
of which such action was had, but
such question shall be open TO
determination in any action on such
bond. such proceedings to be begun
within a year after the war.
STAY of Proceedings.
"In any character of proceedings
that NAV come before the county
court or any other court of the state
for the administration Of estates or
for any other purpose in which there
are parties who do not make APP
pearance, It shall be the duty of such
court of its own motion to diligently
inauire and ascertain whether any
such parties are in the active mill
tary service of the United States, and
If IT appears that they are or prob
ably are in such service and that
they have any probable substantial
right involved in such proceedings,
il is then provided in the proposed
substitute sbill that the court shall
stay the proceedings or shall segre-
gate the right OF such party leaving
such right undetermined, or make
such other appropriate disposition of
the proceedings as will, under the
circumstances thereof, serve to pro-
tect the rights OF such parties and
the court may in any appropriate
case require or permit any other
party to such proceedings to give
bond with sufficient surety for the
protection Of the rights Of such per-
SON.
gTaxes are also held in allegiance
under the proposed substitute bill,
the same as in the original"