The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-01-16
SENATE CONSIDERS
STATE MORATORIUM
like M||NNESOTA'S
Would Become Law Expiring
April 1, 1897, Supplanting
Noodle Executive Order
INV The Associafed Pressl

North DakotaS executive unorator-
ium would become q state law under
q proposal presented in the North
Dakota senate Tuesday, one Of 26
measures formally introduced in the
upper house after adoption Of senate
rules.
Patterned after the Minnesota
moratorium which has been upheld
by the United States supreme court,
the Cain Young moratorium proposal
Is broadened to apply to contracts
on sale Of land and also to tenants
on land, according to Senator J. p.
Cain Of Stark county, who Is co-au-
thor with M. r. Young Of LaMoure
county.
Carrying an emergency clause
which would put the proposal into
effect Immediately. the moratorium
law would expire April /, 1887, which,
Cain said, would enable the next
legislature to re.enact 1t, should the
need continue.
Advocated BY Noodle
Proposed to supplant the morator-
ium ordered by Governor Thomas H.
Noodle, who reproclaimed one issued
by his predecessor, Ole H. Olson, the
Cain-Young measure Is In line with
suggestions made In the inaugural
address Of Governor Noodle.
Provision Is made for relief from:
Foreclosure Of mortgages or
other liens on real estate.
Execution sales Of real estate.
Cancellation Of contracts for
the sale Of real property.
Eviction Of tenants from real
estate.
Instruments held by agencies Of
the federal government are exempted
from provisions Of the act while the
state government Is not exempt.
District courts would have juriS.
diction to grant relief by postponing
sales and extending the period Of re-
demption.
Cain said the law would return
from the executive to the judicial
departments Of government the power
Of determining property rights Of
the people.
Under the system Of moratorium
by proclamation, especially under the
LANCER administration, Cain said, .
person might or might not receive
protection. He added that the execu-
tive moratorium Is q "one-man prop.
osition" with the executive depart.
ment Of government assuming to act
for the judicial branch.
Like Minnesota Measure
Ma ASsvN1o {saAA ttA0t tina Aeaasa$i01 SSp-
ference between the proposed mora
forum law and one passed two years
ago In part Is that the new proposal,
like the moratorium law in Mime
sofa. provides the debtor must do
what he can to pay on the basis Of
what the court determines Is just and
fair. whereas under the former "ln-
constitutional" enactment the debtor
did not have to pay.
The Minnesota moratorium. he
said, applies mostly to mortgages
while the proposed North Dakota law
includes judgments and executions
on judgments. protecting the tenant
II he Is entitled to projection and
protecting . contract purchaser Of
land II he Is unable to meet the obli-
cations.
A land purchaser In default Of pay
ments has the right to have the court
show how much he should pay II
economic conditions or crop condi-
lions have made 1t impossible to meet
payments for which contracted. Cain
said. He added this also applied to
renters.
Court Sets Hearing
When any mortgage or other lien
has been foreclosed by action, the
court would, after receiving report Of
sale, set q hearing. Before granting
an order confirming the sale. 1t would
Continued ca Page Two)