The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1875-11-10
Letter from Austin.
Austin, November 9th, IS

fLal passage, article Of the Constitution
on education. Having been engrossed,
II required Il two-thirds vote to amend
it. j. II. Brown, Of Dallas, discovered
an omission which had escaped obser-
walton. 1t was an omission in regard TO
the sale of the alternate sections of rail
road lands to protect the actual settler
in the right to buy his home at the APP
praised value without competition with
outsiders. The amendment, covering
the case, offered by Mr.. Brown, was OBJ
posed on the old ground, exploded forty
wears ago. Mr. Brown met the case by
q bold enunciation Of the doctrines
upon which actual settlers ON frontier
lands have been uniformly protected,
both by the United States aud this State
for two generations. lie illustrated
the position by numerous examples
aud showed that it was sound and wise
public policy to continue the same
principles as an inducement to eucour-
age industrious poor men to press cut
to the frontier in order TO secure homes
aud become buIwarks of the State.
Messrs. Robertson, Darnall and Nugent
warmly sustained Browns amend
ment. Several spoke in opposition,
On its adoption the vote stood 50 to 10,
hattering triumph to Mr.. Brown.
The article on Education, as amended,
passed.
On yesterday Messrs Darnall, Brown
and nine others made minority re-
port against the clause reported by the
Committee on General Provisions, al
lowing the Homestead to be encountered
by mortgages or deeds of trust. They
opposed any power of disposition
except by sale. | enclose you n copy
of the report, which explains itself
There is little doubt but the views Of
the report, or rather the amendment
offered by them, will be adopted. Here
is the report:
COMMITTEE Room, AUSTIN, TEXAS,
November D, 1870 !
Hon. L. b. Pickett, President of the Con-
Vention:
SIR-The undersigned members of
the committee on general provisions
avail themselves of the notice given
yesterday by the delegate from Tar
rant to place upon the journal of the
convention our objections to that
clause in the report of the committee
in relation to homestead exemptions
in so far as it fails to guard the home
stead against encumbrance by way of
mortgage or deed Of trust The COM
mittee at one time inserted such
clause in the section, whereby no lien
by way of mortgage or deed OF trust,
except for the purchase money, mate
rial furnished or labor performed could
be created but at It's last meeting, in
the absence of several members, that
provision was stricken out
We hold that, after thirty years eX-
perience, the homestead exemption is
aprinciple cherished by the people of
Texas, We believe it TO be Of essen
tial value to the State in securing an
industrious and law-abiding popula-
ton. It's origin in the Constitution Of
1885, lis very birth, was in the noblest
sentiment of the human heart. 1t
sought first, to encourage the strug-
Cling husband and wife, to secure by
honest industry homestead, and
when secured, to protect the wife and
children in their shelter, thus acquired,
against the calamities, of whatsoever
kind, even the death of the husband
and father. 1t has proven a shield to
thousands and tens of thousands OF
widowed mothers and their children,
and has in eases withoutnumber served
thefathers of families from absolute
penury. The theory of the homestead
exemption is, that no one has any
right to grant credit to the head of u
family on the faith of u homestead
The creditor must know that 1t is sa-
cred and beyond his reach. Being fore
warned, he cannot complain. Besides,
it is not the policy of Texas to encoul-
age the credit system, which has peri |
officially engulphed in disaster almost
every State in the South and West
On the contrary sound public policy
based upon demonstrated experience
demands that government should
rather restrict than encourage me sys-
TEN of credits in the business OF NE
Such being the case, and the prlncl-
pie of homestead exemption resting on
the highest principles of governmental
benetience, IL follows, as u part OF tne
life of the system, that no creditor
should be allowed, or even tempted, 10
credit the unfortunate or failing nus
a I, Oh the faith Of n lien, mortgage
or deed of trust on the homestead I'm
perience shows that in cases inhumer-
able, unfortunate, but honorable nus
bands tempt their coniiding wives 10
sign such liens, guaranteeing extra
VACANT interest, and in nine cases o9V
of ten disappointment apu uo'nesuo
ruin is the result. The existence OF the
exemption being an act OF behenehce,
we protest against it's DESTRUCTION III
the only cases where 1t is real ACT OF
protection to the wife and children,
Beyond all this we hold, as a prim-
ary truth of jnestmable value, thht tne
principle of homestead exemption Is
the graudest foundation yet conceived
upon which to build upin our state an
Industrious, Independent, seltsusIlih-
ing and land holding yeomahry who
shall forever be the great pillars ol VIC
State. We, therefore, recommenu Wy
adoption of the accompanying .ainehu-
ment to the Section. p.own
N. III. Darnall, John Henry D'9Mn'
Charles DeMorse, Marion Martin, H1o'
Flournoy, j. S. Mills, +. y. S'ochuu'e,
}. +. johnson, A. X. Mckinney, 1oha
than Russell, W. ii. Stewart moJo''
lily of the Committee. ,o.,,,
Strike out the last sentence OF sec'io"
40, and insert: -. aud
IAN mortgages, deeds of trust any
other liens created on the homes,eau'
after the adoption Of this Constructor,
shall be null and void, except rs IN tniS
section provided" -, , ros.
The Convention to-day passed res,
olution to adjourn November %-u' sn
may be, as none can ioresee, thaV " 'e"
more days may be needed 49,, e,,,o-
We earnestly desire that tne SUN. an,,u
wall Crews and Lamar kiiies shai'