The Lake Charles echo. [volume] (Lake Charles, Parish of Calcasieu, La.) 1876-1898, 1883-05-19
HOMESTEAD EXEMPTION.

Louisiana is the only state in the
Union, bidding for the immigration of
farmers, which has no law consecra-
ting the home to the family by the
, homestead exemption. We say no
law, because We are speaking of law
IN practical sense, which is operative
as real protection for the family.
The constitution of 1879 and the sn-
preme court have so whitfield away
the provision inserted in our laws in
1866, that it may as well be said THAT
there is no homestead exemption in
our state at all"
We have been under the impression
that Louisiana had one of the best
Homestead exemption laws of any
state in the Union, and consequently
were surprised on reading the above.
A case was tried in our district court
this week, before Judge Stephen D.
Read, involving the validity of the act
of homestead reservation as against
ordinary debts contracted by the party
claiming the benefit of the constitu-
tioLal ordinance, prior to the recorda-
tion of the act. AS this is an lmpor-
tant question, commanding attention !
all over the state, we publish a brief
review Of Sic reasons given by the
court for holding that the act of
homestead reservation is only valid as
against obligations contracted by the
beneficiary after the recordation of
this act. The court referred to the
history of the relations existing be
tween the debtor and his property to
his creditor, the gradual change in
public opinion as to the soundncss of
that policy which permitted the cred
itor to destitute helpless families Of
every means of subsistence. and the
effect of such a policy upon commu-
mites as well as upon families, and
continuing, said
Homestead exemption laws were
the offspring of this state of mind in /
America. and constituted a marked
and special feature in the legislation
of many of the states where excuses
of imitation and contraction i'll the
business of every branch of industry 8
visited with vicissitude the history Of .
its citizens. And popular opinion in +
this state was made manifest by the Y
law of 1868, providing that certain t
property OF a certain value shall be >,
exempt from forced sale in certain
cases, and this law, under various
notifications, continued to obtain nm c
til the present laws were spread upon l.
ouT statute books. t
" In Louisiana, the original and per- i
hapa normal condition of property was
its liability for the debts of its owner.
Specific exemption was a Legislative
intrenchment on this condition of s
things. To these exemptions were {
added the homestead act of 1865, and I
this was superseded by the coustitu-
tion of 1879 and statute of 1880, and
superseded for the following reasons ;
Its uncertain effects on our domestic
commerce, not only upon the ncces-
sarv transactions Of the country in
the lines Of trade, but upon the very
beneficiares of that law. Private t
faith and public credit felt the effects
Of the uncertainties Of human will,
when prompted by faith and justice
on one hand and love and Justicc on I
the other, to determine whether to 7
provide for his creditor or for the :
loved ones Of his family. Furthcr- !
MORE. the late law was complained of
as an &gis of immunity to every
small propertv-hoIder of fraudulent c
inclinations {
"In short there was Il strong ten :
dency in the public mind to rebound t
to the other extreme-to the abroga-
ton, of all exemptions. There was a -,
demand for a law which would not !
permit. the obstruction or destruction /
of our domestic commerce by its pro- 9
visions for exemptions, and in response t
to this demand we have the constitu- :;
tional ordinance and the statute now
prevailing These being designed by
the trainers for the protection of both
creditor and debtor, their effect being
mutual as betweeatthe. two. I
What classof creditors are effect c
ed by the recordation, of the rcserva- 1
ton? Ifagainst those who contracted r
debts prior 20 the recordation, the ad
vantage is inappreciable, being only t
the advantage of knowing from the t
record that their debtors have placed j
their property beyond even their own I
control, and therefore are utterly una ,
bic even though willing to pay the
debts. But if this recordation is valid
only as to debts contracted subso- /
quently thereto, then has trade deriv {
ed an incalculable advantage there I
from, as every mans status may be
known from. consulting the parish
records, and business transacted with {
comparative safety. |
Again, article los, same constitu- 4
ton, provides agaiGSt laws impairing 1
the obligation of contracts or divest- {
ing vested rights. The second para
graph, section 10, of the Federal con-
stitntlon forbids states from passing
any law impairing the obligation of
contracts. Now the state constitu-
ton provides also for exempting this !
property from forced sale, and forbids (
couFts 10 enforce any process against