The Nonpartisan Leader Newspaper, January 18, 1917, Page 9

C. F. Dupuis F. A. Hoare Roy B. Weld F. G. Prater W. J. Church P J. J. Schrag eague Members Present Bills Progressive I.egislation Called For by Measures Introduced in Both Houses by Farmers’ Representatives 4 (By Staff Correspondent) ISMARCK, Jan. 13.—The bills in- B troduced during the first two weeks of the legislature showed strongly a current of legislation in the interests of the common people. Bills to make loans of funds derived from school and university lands available for longer terms on farm mortgages to reduce court TCosts in » foreclosures to reduce the rate of interest, to reduce attor- neys' and sheriffs’ fees in foreclosures and redemp- tions, and to give longer no- tice in such cases, are among them Most of these were =introduc- ed by League members, - but 3 some good measures look- FRASER ing towards the betterment of the common welfare were introduced by members who were not formally indorsed by the League. Most of the bills are discussed in the nightly League caucuses in the North- west hotel, where members go over their provisions freely, and decide upon who would be the best member to introduce the measures. A legal committee composed of -—attorneys in . entire accord with the League program gives assistance in framing the pro- posed measures, but one farmer re- marked that the caucuses have shown that the farmers themselves are able to add to or take from some of the bills points that the lawyers overlooked. A Dbill, House Bill No. 10, introduced by O. K. Lageson, a League member, is typical of the kind of legislation that is coming forward. This provides that in cases of special assessment, as for drainage ditches, paving in towns, and the like, where the assessment is gross- ly in excess of the benefits, which everyone knows happens very often, courts shall lower the assessment to the proper value of the benefits. Un- der the present construction put upon the law by the courts, no reduction of such special assessments will be per- mitted unless the complaining party can prove that the board or officials who made the levy were guilty of wil- ful fraud. As it is impossible to make this proof, the property owners are stung. The bill would compel courts to construe the law without “wilful fraud.” - WOULD REGULATE ATTORNEYS' FEES F. A. Hoare, also a League member, introduced House Bill No. 9, to limit attorneys fees to 10 per cent of the value /'of the property in any foreclo- sure of real estate, and never to ex- ceed $25, and to limit the fees that a sheriff could levy in this connection to $3. il R. L. Fraser, also a League member, introduced House Bill No. 6, providing a way to escape the power of a pre- judiced judge. If the judge is believed to be prejudiced the party agrieved can make an affidavit setting forth this belief, and file it with the court, which has the effect of stopping the trial of the case by that judge. A copy of the affidivit must also be sent to the su- preme court, which body is directed by the proposed law to call in another judge. But in order to save time and’ expense, and avoid a lot of technicality, the bill provides that the prejudiced judge shall not @ischarge the jurors al- ready drawn. Expense of bringing in the outside judge is borne by the state, payable upon presentation of a voucher by the judge to the state auditor. Another bill relating to court pro- cedure, House Bill No. 11, also by Fraser, provides that a stay of pro- ceedings can be had by filing a bond of $2000 instead of $5000 as now required, pending disposition of court orders while the case is on appeal. All of these but the latter carry the emergency clause, making the law effective imme- diately on passage. BILL TO ABOLISH THE COUNTY AGENTS Long brewing discontent. with ‘the - workings of the so-called “better farm- ing law” came to a head in the senate Monday, January 8, when Senator Mo- stad of Ward County, a League mem- ber, introduced a bill to repeal the law and distribute the funds that have ac- cumulated. Senator Mostad said that he has had many requests to bring in such a bill, and other senators have re- ported similar requests by their con- stituents. He anticipates no material opposition to the measure. The bill provides that “any funds raised under the provisions of section 2263 of the compiled laws of North Da- kota for 1913 remaining unexpended in the treasury of any county in this state at the time of the taking effect of this act, may be by the board of county commissioners of such county added to whatever fund the board may deem most expedient.” ¥ Commenting on the need for repeal, Senator Mostad said: “The supreme court has held that if 25 per cent of the people of any county petition for the application of this law and the hiring of socalled “experts” to advise the farmers, the county com- missioners must comply. Then they can’t get rid of it atterward. In Ward county, after it was tried out and fail- ed, nearly everyone was for doing away with the ‘county agent’, but a suit was brought and the commissioners. were compelled to continue the work. My information is that the measure is dis- liked nearly everywhere, and that the farmers are generally for freeing thom- selves from it.” George N. Varnum ‘NINE LEGAL RED TAPE HIT BY BILLS 1Tow anxious are the people’s repre- sentatives to get away from what they believe is useless red tape and expense in legal procedure, is illustrated by House Billl No. 21, introduced by E. E. Kurtz and A. M. Hagan, both League members. This bill provides that notice be given the mortgagor before the mort- gage can foreclose, and that this no- tice can be served by special delivery or registered mhil addressed to the mortgagor or his proper representa- tives, at their address, which is'to be obtained by reasonably ‘dilligent in- quiry. This is," like numerous other League measures, concluded with the emergency clause which would make it effective upon its passage and approv- al by the governor. Another measure further emphasiz- ing the di§positlon of the farmers not to trifle over technicalities, is House Bill No. 14, introduced by Mees, also a League member, providing that wit- nesses may be subpoenaed by telephone telegraph or mail, and this method be “fully as binding as personal service by the sheriff or constable. B Other measures showing a like impa- tience with the slow and costly meth- ods of legal procedure have been in- troduced. : HOLD-OVER HAS BILL TO HELP CORPORATIONS Senator Englund, hold-over, who in- troduced into the senate Senate 3ill No. 3, to impose . increased financial burdens upon new banks that might be organized to compete with banks already organized, has also introduced Senate Bill No. 14, to relievé corpora- tions of a large part of their examina- tion fees now paid the state examiner. Under the present law a corporation of not more than $20,000 capital must pay a flat fee of $15 for examination. One of not over $30,000 must pay a flat fee of $20. One of not more than $40,- 000 capital pays $25 as a fee. Senator Englund’s ingenious new provision is that the fee shall consist of the first flat $15, plus one-hundredth of one per cent of the gross assets of the corpora- tion upon date of examination. 5 For practically all corporations ex- cept the lowest classification, this would reduce by an enormous percent- age the examination fee. The corpora- tion of lowest capitalization listed would/ pay a little more. At present corporations of not over $200,000 have to pay $100 as examina- tion fee. Under Senator Englund’s arrangement, they would pay $15, plus the small percentage, which would be $20 on the capital stock, or $35 in all, against $100 now required to be paid. SYNOPSIS OF BILLS IN BOTH HOUSES House Bill No. 3, by Smith of Kid- der, to repeal sections 917, 918, 919 E. E. Kurtz E. E. Bryans compiled laws of 1913, compelling reg- istration by political parties. IEffect of the passage would be to abolish-the present mode of registration by poli- tical parties. To judiciary committee. House Bill No. 2, by Smith of Kidder, to amend section 2185 of the compiled laws of 1913 re- lating to real es- tate taxes, so that in case of taxes exceeding’ $1, one- half may be paid March 1 and the remainder Decem-~ ber 1 of the year following the levy without entailing the present penal- ties of 5 per cent after March, 2 per cent June 1, and 3 per cent November 1. Tax- es of $1 or less not to enjoy this . : immunity. To EVERSON taxes and tax laws committee. House Bill No. 4, by W. J. Church (League), providing that within 40 days after any trial in court, the court stenographer must make and deliver to the attorney demanding it one ori- ginal transcript of evidence and 4 copies, at 10 cents per 100 words, and repealing . all conflicts. Emergency clause. To judiciary committee. MAKES INTEREST RATE SAME AT ALL TIMES House Bill No. 5§ by James McManus (League), making the rate of interest on all indebtedness the same after ma- turity as before, and making void any contract to the contrary. Repeals all conflicts. Emergency clause. Banks and banking. House Bill No. 7, by Lathrop, amend- ing the present law relating to sales of real estate under mortgage forclosure, and cutting the rate of interest charg- ed to the redemptioner from 12 per cent to 7 per cent. Judiciary. House Bill No. 8, by Lathrop, relat- ing to loaning funds from wuniversity and school lands,” and increasing the amount of such funds that may be loaned on bonds of various states, school corporations, counties, town- ships or first mortgages in North Da- kota farms from one-third the actual value of the land upon which it is loaned, to one-half the value; and pro- viding that at least two-thirds of the whole amount thus available be loaned in this state, instead of the one-third, now called for in the statute. Effect of the law would be to keep twice as much of this money in North Dakota as now, and to make loans more liberal. Committee on schools and public lands. House Bill No. 11, by R. L. Fraser (League), reducing the amount of cost bond on appeals to the district or coun- try courts or supreme court to $100, Robert Wadeson