MECHANICS' LIENS.
Also the bill [H. R. 69] in relation to liens of laboring men, recommending its passage with the following amendment to Section 3: "Provided that the lien shall not have preference over any previous recorded lien, judgment or mortgage; provided such lien, judgment or mortgage is for value received; also provided that proper notice shall be given to protect innocent persons in the purchase of property subject to the lien.
The report was concurred in.
Mr. GIBSON moved to recommit the bill to the Judiciary Committee with instructions to amend so as to define what shall be a proper notice.
Mr. MITCHELL--If I understand the purport of the law as to a proper notice, it is that there shall be a record. If that be true, I am opposed to referring this bill any more. It has been referred a time or two, therefore I move to lay the motion on the table.
This motion was agreed to.
Mr. EDWINS moved to refer the bill to a Special Committee of Three with instructions to insert a section to define what constitutes a proper notice.
Mr. MOODY--I am opposed to this bill passing in its present condition. I think the bill a good one when it is amended so that all persons will be equally protected. This bill provides--in Section 1--that hereafter all property of any Company, corporation, firm or person engaged in any manufacturing, mechanical, mercantile or commercial business is liable for all debts contracted on account of work done, or services rendered by laborers, mechanics or employes which have accrued by reason of their labor or employment in and about the business of such Company, corporation, firm or person.
Section 2 provides that all claims growing out of the above causes are liens upon all stock on hand and all property which is employed by any such Company, corporation, etc.
Section 3 provides that such liens shall take preference of any claims of other creditors growing out of any other causes than those above enumerated, and of any claim because of the relation of wife or married women, and shall be enforced and collected as other liens are enforced and collected. Section 3 has been amended, by concurrence in the report of the Committee, so that it provides that proper notice shall be given to protect innocent purchasers of any property subject to any liens provided for in this bill.
Now, Mr. Speaker, I think this bill should be referred to a Special Committee with instructions to define what shall be a proper notice. If the act itself does not define and prescribe what shall be a proper notice, then the bill can have no effect at all and will only open a door for litigation in every case. The gentleman from Owen [Mr. Schweitzer] says that the statutes provide what shall be a proper notice. I think the gentleman on examination will find that it does not, and if he insists on a vote on this bill as it is, I am satisfied it will be defeated. I-am a friend to the bill and desire to see it passed when properly amended so that any man may know where to look for the evidence of liens and thereby enable him to protect himself if he be vigilant, and will not be left for some Court or Jury to say that his case is an exception and he has had no proper notice and he must lose his investment.
A motion to lay on the table the motion to recommit to a Special Committee was rejected by yeas, 28; nays, 47.
Mr. SCHWEITZER said the statute defines fully what constitutes a proper notice, and that it is unnecessary to refer this bill again.
Mr. FRAZER said every statute prescribes the time in which notice must be given. He thought this measure would be inoperative and amount to nothing if it passed.
The motion to refer to a Special Committee was agreed to, and the SPEAKER appointed Messrs. Edwins, Wilson of Morgan, and Roelker as said Committee.
