, 1874-05-25

many; Second Assistant photographer, ". II. Rsu,
THE SUPREME COURT VERSUS THE HOME
STEAD.
H1uscAr1Nr, Ia, May 20, 1871.
70 Tho Editor Of The Chtcdao 4rtbuno:
SIN: There is no aubtoc that can como before
tho pcoplo At tho present time Of moro sig
nificanco and Importance than tho poor mans
right to his homestead. II iB subject that COM
mands tho sympathios Of all classes Of the oom-
munity. To tho poor man who ownH littlo
homo, Tho result, perhaps, Of yoars Of toll and
privation, 1T is tho stoet-anehor Of his hopes,
and protection against the graHptng and oxtor-
tomato creditor, who iB simply informed that ho
can approach go for aud no further; that beno-
Aoiont law holos Bhiold ovor tho heads Of tho
poor man and hls little ones, to protect them In
their homos, and prosorve to them tho sacred
hearthstono, around which all their hopes nnd
aspirations cling. 70 tho wealthy, 1t ia
aure and lust resort in caso tho
head Of the household should engage in rock
less oourse Of speculation, OF, through tho forcc
Of circulnBtancoa, be driven into bankruptcy;
he Ia always suro OF means Of support for hts
children and tho partuer OF hia carca aud aor-
Ao"9 HsAa%A ~ AZ AA00t4$ AO6AtAA4ospt
fair understanding that SO much Of his property
IL sacred and exempt from all claims on bohnlf
Of creditors, aud the creditors trust him know
ing this provision in the law exists. To tho
young mnn Just starting in lifo hoping to acquire
homo in the future to Dhare with eomo loved
ono, how great an incentive to notion and enter-
prise, what noble reward, and means Of safety
from wnnt and poverty in tho futuro, ia tho
homcstond acquired by tho frugality aud porne-
veranco OF his first manly effort. No other na-
tion providos by law no noblo an incoutiye for
action and fruga}ity; and vol nay tho Ancri-
can people bo proud Of 10 Just and generous
provision in behalf Of honesty and industry.
But what Is tho position into which tho citizen
courts, and by tho nefarions scheming Of the
1egal fraternlty2 Wo find tho wise and noble
provision Of tho honoHt0ad ignored, and ovory
pottifogger iu the land can draw up n lote or OBJ
legation to ovade tho provisions OF tho law, and
compel the, sacrifice Of tho homestead. Now,
homestead ls takon In payment of q legitimate
dobt; but how ia it wheu tho poor man is sold
out to aid somo nofarious echomo to which he
has been opposed, because some Of his follow
him,-ho finding himself in tho minority and
Obliged to ncquiesco. Tho Supreme Court sets
up tho plen Of inviolabity of contracts, and tnat
innocent third parties should be protected in
their rights. III tho first place, isnot the Home
stead act solemn contfact, or covenant, bo-
tween tho State and tho citizen. prior to all
others? In the second place, is not this third
party dodge getting rather thin, and no long,
or entitled to respectable consideration, when
fraud and gambling arc apparent on it's surface ?
bonds, notes. mortgages. etc., at such adiscount
"a price often aB low az 10 per cent Of their
Valuo), is 1t NOT an evidence Of their want Of
value received, which tho law REQUIRES on tho
face Of all such evidences Of indebtedness, aud
without which they are worthleaB7
But what would particularly direct attention
to is the arbitrary aud unjust decisions Of tic
Supreme Court In fayor Of tho various ruilroad
corporations when tEoy come In conflict with tho
rights Of the private citizou, and tho insecure
citizen looks to tho Supreme Court aa his last
and Burest resort to defend him from extortiou
mud injuHsico. But arc the factH2 TnTues-
days Tn1nuNE SEQ m article headed, "Nail-
road.Aid Legislation" giving tho decision rem
between pino Grove Township and E. B. Talcott.
Now, tho critleisms OF the editor Of THE
TRIBUNE wore very proper and just; but thoro
are ono or two polnts would wish to call atten-
tioa to; to illustrate the point I will have to
truth OF my position that the poor mans homo
atead iB no longer held eooonl, according to tho
ruling Of tho Supreme Court:
But 1t haA been argued that asido from any constI
tnttonal prohibition, 81 ,ho Leg1saturo had nq nower to
public purpose, and that tlis act not Within TINT
rule. Concedng for tho purposes Of this opin!on te
no neaus bo 70 admitted Thoneh tic o corornon was
10 bo constructed BY tho State. Prlrae property can
gain or benefit.
Now, mark tho sophistry Of tho whole arg,l-
ment. Tho great point OF tho constitutional
provision for Cue protection of the private rights
~ noiff Id nSnH fo1 ftp
garbled shape that it appoara as il tho Court
wanted to dodge tho main iss,1e. Tho provision
Of tho Constitution, that "1rivato property shall
not be taken for public purposes without cont
enna9% % Spx Ssppears IN l. 'e5 e1 aGsent r o h.
intimated about compensation, either real Of
imaginary. Now, this is precisely the point I
want to arrlvo at, to provo that. according to tho
past ruling Of the Supreme Court, the poor man
has no security tor his homestead. I i,uyo seo,l
hundreds Of homestoads sold out for tRxeB levied
to build up some bogus railroad scheme {nly own
amongst tue number). thut those who Ia1 con-
tested tho collection neyor acquiosccd in, but op-
posed from tho first inception; mud, when they
we're coolly told that there was no relief for
them; though tho whole action was declared u1l-
constitutional by tue best lawyers, yet thora
woro decisions Of tho Supreme Court that acted
as complete estoppel to tho case. Arc ne liy-
Ing in tho Nineteenth Ceutnry, mud can Huch a
Are tho rights Of property loss sacred under our
Government than they arc under tho dcspotismH
Of the Old Worl2
Ono moro quotation from the aamo dociaion,
and hayo dono:
1t does not beong to courts to interpo1sie constt
onal restrictions. Cur duty ia to apply tho law, o
to 1nake It.
Now, is It not mado tho duty OF The Supreme
Court to declara MI laws invalid whou thoy con.
Illicit With tho Constitution II such iB tho faot.
on what principle can poor mans homestead
bo taken from him when ho derives no coupon.
saton, either real or imaginary2
These are the plain, slmplo viows Of farmer
It Ii not to be expected that they can be enforced
by tho same logo and forco Of reasoning thai
might ho applied by d moro powerful casuss
lut a knowledge that such papara III luz Ta1n.
uNE arc watching, ortticising, md exposing, tue
various schemos that arc laid to deprive tho pri
ya.o ctlzon Of hn rights and property. is one ol
the most cheering signs Of tho times. The
press Of today occupy tho Same position az the
orators did in the ancient Republics and groa
portion Of tho press provo themselves just 81
vcnal aud corrupt; consequently tho pooplt
ehould como out IN solid mass, md supper
TINT nnrtfon OF the nlbto prosa that nrpyo them