Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1879-05-22
The Homestead.

The Homestead.
The Supreme Court on tho 9Th Of March
rendered a decision in tho ease Of Duncan us.
Barnett, involving the right Of On agricultural
laborer to on exemption Of corn, cotton, &o,
under the act of 1872, which wns published
in our columns. Tho decision was adverse to
such right, the Court holding that tho Ian,
guago Of the Constitution was restrictive and
that the Legislature had no power to add to
tho list of exempted articles enumerated in
Section 80 of Article IL Of the Constitution.
AT the present term the Court, in the CAGE
Of Spencer vs. Harrison and three other cases,
has restricted its conclusions. In the case Of
Spencer as. Harrison, tho commissioners had
refused to set apart as exempt corn, bae
con, -four and fodder, apd on an appeal from
Trial Justice and motion for re assignment
the Circuit Court hold thatproporty Of ovcry
description to tho value Of $500 was exempt
The Sapreme Court overrules this decision.
The exact character in which the claimants
for exemption stand in the several cases
mentioned, whether es renters, agricultural
laborers or owners Of land not set apart as a
homestead, is not known, rs wc have only
soen q notice Of tho conclusion Of tho Court.
These decisions, curtailing tho exemption
Of property rs heretofore understood, will
operate hardly on many of our citizens, who
in the past have contracted debts, they found
themselves unable to pay when due, and who
have closed tho same by notes, ofen with
exorbtant interest. These notes, with tho
heavy interest, arc now, in somc cases, muac
cnforciblo against tho very nccessarics Of lifo
for themselves and their families While
this is true, all must admit that tho Jaw,
whatever it be, must 10 enforced, and that
tho Interpretation Of tho lew by the Supreme
Court is binding on all and final. 1t is not
the fault of the Judges nor of the Legislature,
for tho legislative and judicial authority, in
sach matters, is limited by tho organic law
itself, and the only remedy is change Of the
constitution Iti nevertheless to be regretted
that tho Interpretation Of the Constitutional
provision had not been made ut an earlier
day. for tho construction OF tho law as
made by the Circuit Courts and accepted Ly
tho people has tended to mislcad very many
to their injury.
The practice Of cxempting a certain amount
OF real and personal property from ovy and
sale for debt is of recent origin, but it has
been SO highly favored that in nearly all the
Statcs some constitutional or legislative pro-
vision has been adopted for that purpose.
In tho newly sottlcd States tho right Of home.
stead is securely guarded, it being hold to be
an inducemcnt to immigration, parties moving
to such States fcoling that from no misfortune
the roof to cover their families and the means
to support thom should never be taken from
them by legal process. .
The homestead, in another Wow, is favored,
as aifording protection to tho wife and
chldron of a dissipatod and thriftcss parent.
II, its aims and purposes n homestead, well
guarded by proper Legislation, is a bcncfccnt
provision; but how FAR tho homestead and
exemption in South Carolina in its practical
workings have been promotvo of good may
we'll be considered debatablc. It's enactment
ut onco impaired the credit of nineteen
wontcths of our people and ncccssita,od the
passage Of tho lien law with its attendant
abuses and expressions. Tho credit systcm
was not destroyed, but its working much
moro onorous, tho dobtor paying the lcgiti-
mate profit of the timo system and from one
to throo hundred per cont. additional for the
imperfect legal rcmedy permitted to tho
creditor. Tho creditor, under tho homestead
and lion law, eascs his conscience for what is
gross extortion, by The plea that the risk
being greater, tho profit must be greater,
often saying to the customer you can have
this -four for ak dollars cash or for fourteen
dollars on lion, we'll knowing tho buyer has
no cash, epd the option amounts to nothing
Who suhersp The poor man, who undor tho
aemblance Of legal protection, pays for what
he nescr got Wcsay under The somblanco
or shadow Of q protection, for tho homestead
nffords- but little protection rs construed.
The owner can mortgage il for supplies or
money, and then it can be sold by on expen-
siye proceeding. lie can contract lion on