The Bismarck tribune., 1933-03-23
GOVERNOR M0DIFIES
MORATORIUM ORDER
IN new STATEMENT
Proclamation Apparently Tight
ems Restrictions, Actual.
ly loosens Them
GR0NNA CLARIFIES MATTER
Advises Cass Sheriff That Fore.
closure ls OK Unless Own.
Or Lives on Property

Or Lives on Property
Modification Of his moratorium or
der, Issued March 1 In connection With
the bank holiday, was made Thursday
by Governor william LANCER In
supplementary proclamation
Although couched In language
which indicates that It Is intended to
strengthen the terms Of his initial
proclamation, examination Of the
text and comparison with the original
| proclamation shows clearly that 1t
grants exceptions not contained in the
first document.
Attorney General A. J. 0ronna has
advised the Cass county sheriff the
new proclamation permits foreclosure
Of property where the owner does not
occupy 1t.
Under the latest act by the COVER
nor, foreclosures may proceed against
farms not occupied by the owner as =
residence or operated by him as q
farm.
Although foreclosures on personal
property used and needed for farming
is specifically prohibited, an exception
to this ruling apparently Is contained
in q Saving clause" which specifies
that such foreclosures shall be agreed
to in writing by the mortgagor or un-
less the officer In charge Of the sale
knows or ascertains that the debtor
Is not entitled to the benefits Of
this nrorla ynatios,"
The governors proclamation said the
general purpose Is to preserve the
homes Of citizens in this state and re-
tain them In position Of status quo
until q change in the financial condi-
tons shall release our people from q
helpless situation"
Text Of Proclamation
The proclamation follows:
whereas, the prevailing financial
conditions In this state are such that
many Of our citizens are threatened
through real and personal property
mortgage foreclosure and execution
sales with the loss Of their homes and
Of their livestock and farm machinery
necessary for the pursuit Of their US
ual occupation; and
whereas, adequate protection
against the sacrifice by our citizens OF
their homes and personal property
necessary for the farming Of their
land cannot be secured under those
conditions except through the tenn
porary suspension under reasonable
conditions and In certain cases Of
forced sales Of such homes and prop
erty until such time as the prevailing
crisis has subsidized: and
whereas, the emergency Is such
that the public health, welfare and
morals Of the citizens Of this state
are greatly endangered by those con-
ditions, and forced sales Of homes and
OF personal property needed for farm
ing purposes can only lead to disorder
and disrespect for laws affording no
adequate protection to debtors In such
an emergency.
Effective Until Revoked
"Now, Therefore, I, william LANCER.
as governor Of the state of North Da-
kota, under authority In me vested BY
law, do hereby proclaim and declare
that hereafter, and until this procla-
nation Is by me revoked. no mort
gage foreclosure or execution sale Of
livestock and other personal property
used BY an actual farmer Of this state
In the operation Of his farm, and Of
real property occupied by the owner
thereof as = home. and in cases Of
farm lands, Of real property which Is
q part Of the farm occupied and titled
by the owner thereof, shall be held
unless the owner Of said property con.
sents In writing thereto. or unless the
officer or person designated to hold
said sale knows or ascertains that the
debtor Is not, Is to al or part Of said
property, entitled to the benefits Of
this proclamation. Subject to the
foregoing provisions all state. county
and township officers are hereby COM
manded to perform no official oct
which will! In any degree, accomplish.
aid or assist In the foreclosure Q.
forced sale Of any home, Or In the
forced sale Of property necessary and
indispensable to the livelihood Of such
occupant. or In the dispossesston OF
home owners who may have lost their
homes by foreclosure since 1881. or u
the obtaining Of tax titles to homes
where the same may b now subject
to tax deed. Il
"Tlae general purpose and object Of
this proclamation Is TO preserve the
homes Of citizens In this state and re-
tain them IN . position Of status quo
until . change in the financial condi-
tions shall release our people from
1.nls>lnes ~ats,a tloss ~