Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1869-04-03

old constitution did. on the home.
stead question. ] lao decisions OF
iii, Court were well known 10 most
0f the members of the Convention
Mat framed the constitution, and
were aiiirned, ...r 81.
When a question has been sub,
jeet 10 Mt much argument, aud l9 So
, many uniform decisions MS the one
now before the Court, IL Is entitleil
TO bo considered MS ndjudiealed anu
no longer an open question, ...
IL is presumed that tho District
Judge conceived that the ficslsla-
turs had power to alter tho constl
tution, or which Is the same thing,
t6 conslrue its provisions into an
alteration by eSempung from forced
sale the improvements upon a lot or
lots q ah unlimited amount Art.
3o2s.
When tho constitution broSlcs
that the homestead, consisting OF
land and inrrrchments thereon, ex-
empt from forced sale. shall not &c.
ceed trO thousand dollars in value,
any law or statute that directly or
indirectly contrayoncs this provi-
sion il Iro fdRto nugatory.
II is perfectly obvious that there
taa be n great difference in value
between the rural and urban home
stead. The rural homestead call
have no limit in dollars, Lpt ohly
in The numbcr of acrss. IL is not
improbable that the intention was
to favor the iamer and planter in
every practical manner. BY hold
ing out inducements TO tho cultiva.
tors of the soil, that are denied to
the mechanic, the merchant and tho
manufacturer, by saying y the,rir,
mcr that hc can select two hundred
acres Of land, which he may put in
the Ii CHEST state of cultivation, and
upon which hc may j lac what
ever may contribute to either his
real or imaginary wants, or nsse-;
sites, or fancy, and that this hoiHS
shall never be invaded by creditor
or his agent, but shall always be
sacred MS n homo, is not small or
slight jnducement to ii, ,G,ati to ell
Gage III agriculture. BY assuring
the wife and mother that she cal.
rotiro into n rural district and Sc oct
from the vast regions of Texas u
place free from the scenes and al;
luremcnts of city, and there bring
up and educate her family, and t.
know that while she i, identifying
her home and adding comforts t.
convenienccs, and faEcies to com
forts, that this home is her home;
that whatever misfortune may BE-
fi.l her husband, either in business
pr habits, this h, me is secure and
no; one can t;iEe il from her ind her
children, is II persuasive argument
t, n country life, The settlement
of the lands bringing them into
cultivation, has always been f,.
vorito policy of the public authori-
tics of this State,
On the other hand, both honesty
and trugality of the inhabitants of
d eity can be subserved and pro,
noted by Withholding all induce
mcnts to erect costly palaces with
funds justly belongihgt to their cred
itors; If it is known that the sum
of two thousand dollars is the limit
to city homestead, the .nuin ber Of
rich bankrupts would be greatl*
diminished, and Of solvent traders
proportiopallE INCREASED. ,'..'
1t is not our proyihte, TO know,
either judicially or otherwise, what
were the motives of those who mado
the constitution that caused them to
make this marked difference in the
two classes of bomcstcads. IT., is
enough for us to know that. thi3
difference exists, and that it i9 bHr
duty to do mailing in violation of
this instrument, whether it may
appear to us right or wrong, polite
81 itHpolitir. Reversed. ,,..-r.
MORRILL,.