The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1875-12-25
- SOILS" AND TnE NEW CO.STi'
TuIIDN,


homestead "may be In one or more
parcels.u % "proyidod that
the same shoR he used for the purposes
OF home"
There Is not the slightest difference
between the law ~ now In existence
and the provisions Of the proposed
Constitution. p.
Under the decisions Of our Supreme
Court, to which We beg to refer "S0lus,"
and which we think he has 'inadyert-
emily overlooked, the homestead need
not be an entirety, II may consist OF
the farm proper and II separate and
distinct tract, from which fuel or other
necessaries for the family are obtained.
The Supreme Court has never held
that the homestead IL necessarily an
entirety. iIN ha B
In Hancock VI. Morgan, l7th Texas,
5sl, and in Pryor w. Stone, 18th Texas,
81, "Solusn will find that even to,on
lots need not he adjacent to constitute
u Homestead. I'm 'IH ttUtfiiI
Judge llemphill, in delivering the
opinion of the Court, In the latter case,
says. at Is not declared lin the Con-
stitution) that the lots shall adjoin or
be contiguous TO each other nll that by
fair construction of language is re-
quired to enLltlc tho property to eX-
emption is, that the property should be
used for the convenience or uses of the
head or, members of the family. The
office of the lawyer or shop Of The me-
chanic is necessary to the convenience
and success oi'-thelr respectipeproIesr
sion or trade, but it would frequently
be Of much Inconvenience and detri-
ment that this same, shop or oiliee
should be part ofthe same building or
dpea on the same lot with the residence
of the family. The exemption is not
allowed thus to be restricted IN its
benefits. 1t allows any ainbcr II tots,
mot to exceed two thousand dolS
lar this was under thu Cons titutionl
of 'i5-ED. and IL can not be material
ho,c many o. 4po tio' o. hop near or re.
mote from each other may be the lots
occupied for the convenience of the
family, or for the prosecution of the
business or employment of its head or
members." Both of these decisions
have been affirmed in thirtieth Texas
by a different court. iiShG isGt
Thus "Solns will see that there is
no innovation upon the present law,
The prominent leading idea in the
definition of homestead is that it be
used and enjoyed as such, and it need
not in, city or country, be an entirety.
AS to the propriety Of permitting
deeds Of trust to be executed upon
homesteads, there exists a contrarity
of opinion among the ablest jurists and
statesmen in Texas. M.
The decisions Of the late Supreme
Court pronounced such instruments
valid and declared that the homestead
Knight be sold under them. Individu-
ally we are inclined to concur in
this opinion and with ,"tSolus,' 4
for we have long deemed it
bestto permit the homestead to be
used rs security did an occasion arise
for the borrowing of money. u n
| We agree with "Solus" in the inti-
nation that he cites "extreme eases y
when he says man may buy fifty
acres Of land adjoining Dallas, fifty at
Galveston, twenty-five mt Houston,
twenty-five at San Antonio and twen-
tp-ilve at Waco, and hold these tracts
us homestead. This is so very tex
IRENE" case as to bring the argument
down to yetl,tcti0 I'D o6s.pth2R. OF
course man could not use, occupy and
enjoy different tracts of land 50 re-
motely separatedas Homestead; nor
does the. new Constitution, correctly
and justly interpreted, contemplate
such u thing.
In respect to the regulation Of tax
alton by cities, WEI conceive that
provision to be eminently proper.
We have cities that could be named
Ia our own State driven nearly
to the very verge sgofpa bank
ruptcy by piling up mountains of deht
and.mountaiAs oftaxation To liquidateA
that debt. The cities of Pennsylvania
and Missouri had felt the dire effects of
Tremendous debt, and of q consequent
taxation which eat up theirsubstance,
and their wisest and ablest statesmen
ended II bylaltering their organic law.
OF all the other provisions in the
Constitution we had thought tiis one
the least objectionable ca ~"
Pea CITY TAXArlON.f IN ,,YY ~
Y ~. Led ~ IN. , "a, 4. ~ !. - 4