The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1883-09-13

Texas, as q republic, titus took % stand IN
favor Of humanity IN advance Of any stale
In the American Union, most OF whloh
still retoined that now loatbed relic oil bar-
barism, imprisonment Tyr debt me
cbattel exemptions, In This act win silgni
changes, have remained In force ever Since
and are yet part OF our code.
Tue constitution Of 1916, In lieu OF TINS
land exemption to each citizen, provided a
homestead exemption TO each head Oh
family In the country not TO exceed ZOU acres,
In town lot or lots not to exceed TWO
thousand dollars in value: but they migh,
be, so to speak, ten dollar lots scattered
promiscuously all over town, me con-
stitution OF 1869, made under the laws OF
recon struction. raised the limit to hve
thousand dollars in value at the time OF
designation as homestead, exclusive oil
improvements thereon.
This latter cause was re.enactel Ill the
constitution of 1876, but with this ressrlc-
tive clause added: provided that the
same shall be used for the purposes or
| home, or as place to exercise the calling
or business OF the head of family"
Hence, with this latter qualification, our
constitutional homestead exemption now
covers a town lot or lots in value not 10 ex'
coed five thousand dollars exclusive OF I'M
provements, or land in The country not 10
| exceed two hundred acres. Moreover, the
homestead cannot be sold by. the husband
| without the consent of the wife. and, more
noble still, the husband and wife together
land this is what makes Shylocks. gnash
| their teeth, cannot mortgage or IN any
way hypothecate the homestead. They
can live on it, enjoy it and sell 1t, in order
to remove or get another, but they cannot
mortgage it to the money lender and thus
squander it, as happens in ninety,nlne
| out of every hundred cases, and thus throw
the fe and children homeless out into
the world, for, be it known, the essence
| of homestead, as always understood, ex-
planned anG defended in Texas, is to shield
the vile and children against the death,
misfortune or improvidence otthe husoand.
And hereby. in connection with It's hand
maid, our law protecting the separate prop
erty of the,wife. also bora under the repub'
| lie, Texas has done more for the anchors
| tiOn. vital protection and elevation OF wo-
man than all the woman's rights conver-
| lions ever held from the northeast corner
| of Maine to the northwest corner OF WASH
ington territory.
| Men come to Texas, more particularly
drummers and cent per cent. money loaners
| on real estate mortgages. from states tnat
| but little while back imprls )ned Tor deot,
and sold the last COW, pillow and home OF the
debtor, and bowl with indignation against
this long.tried, benificent and humane con-
stitutional law, blessed by the angels, as II
it were an outrageous infringement on their
rights. Sometimes domestic demagognes'
take up the cry and talk about credit cred
| it! urging that this measure, so cndeared
to The people, will ruin our credit in New
| York. Boston andPhiladelphia. The same
demagogues will sit complacently and see
our public domain swallowed up In monop'
olizing quantities by money from abroad,
fureshadowing the day when poor heads OF
| r.. on hOmpstea0Sln
| Texas, but will b. compelled to starve or
earn scanty living as ssrfs to these fear'
fully growing land monopolists
Many candid men, however, seem to la.
Dor under delusion as to the amount Of
the exemption. Practically this is myth
Let it be tested. A, owning valusble
homestead In Dallas, B owning cheap one;
and G owning none at all; all go to New
York to buy goods on credit, and succeed.
Rut now? Not on the faith of their home
steads, for every New York dealer with
! Texas, understands as well as we do, tnat
our homesteads whether humble or costly
are sacred and beyond his reach. They are
served by the keenest OF commercial detect,
ives. delving into the private affairs ard
likely to trade In New nork,
thew have retained attorneys
whose business it is to advise them OF our
laws. and not one of them ever gives credlt
to Texas man on the strength his home
stead; but always upon some other salts
factory ground. Therefore wherein u he
affected, whether these men own 81 OJl
or $50 600 homesteads? And the same
principle applies in our 40
nestle dealings one with another. But II
ia said O. without homestead may buy
largely on credit, acquire homestead with
the proceeds and thus swindle his credi-
tors. That would prove, one thing very
clearly, that the shrewd merchant, VIII
all his detective agencies, had credited
villain as we see men commit other
crimes against law, morals and decency
Per contra, l could point TO well known
citizen of Dallas, who on falling few year
since, gave up homestead. now worth
$50 900, paid every dollar. began anew on
nothing but Roman integrity, and now
blessed with abundance, as he has ever
been, is respected as an honest
man Laws do not make honest men,
neither do they make honest men villains
But, to show the futility OF objections tc
the homestead law, suppose We had no sucn
rule and, as of old, all man had was
subject TO the demand OF his creditor.
Then suppose this same U. owning q
twenty-five thousand dollar home-steani IN
Dallas, because OF his handsome possession
pets large credit in New York, but is still
On yiIlaipy bent. All be has TO do is TO
sell his goods for cash, then sell his home
stead. nut all the money in his pocket and
let his creditor help himself. IL OILY
proves again that he is a scoundrel. Ano
this men can, and IN TACT 90 II oas'
enourh. 10 every other state in the Union
but never in Texas-not being theret'
For ali these long years-really half :
centurv-rexas has benignly said TO strug-
eling fathers aud mothers, old and young
be frugal, secure homes aud shelter Tor = gu
children, aud they shall be sacred asyl
10 then against death. disease, WOUNDS, o.
misfortune ia whatever shape 1t may come
Tens of thousands. both husbands anu
wives and widows, have been stimulated
10 seek and obtain this haven, who, IN
other states, would have fallen by the way
SIDE. and nav bless the law and its found
ers as they are blessed. Dallas teens witt
ever increasing examples: WINE noeIt.
endures the homestead will be preserved u
Texas.
This is a subject Of the greatest impor
, lance when it i considered that in mani
Localities OF from ten TO fly miles IN ex
tent of excellent grass, there IS no psrma
nent stock water; but its solution Is be
lieved TO be practicable, easy and perma
nent The great body OF The plains = N
dented with ianuDerable boTl-shaped ba
sins into which al rain water drains IRON
. circular ridees from hall mile 70 tw'
miles in diameter. sufficient II proper.
. collected and husbanded, TO water thou
; sands OF cattle for long periods OF time. II
|, his report to the governor on the survey 2
tbe three hundred leagues of school land
on the sIst of august. 1852, Mslor JONI
J Henry Blown saio.
..some Of these basins. In W s'as me. ~
tain water the whole year, OF f.r -
, months. but IN extremely d. ..-ff.s.. y
, thfs one was, they are e1tlrei 'ff ~
little excavation they can De "a s,is y. ~ .
nenf Dopds Of fresh water, and they arc p
. uume-ous as prOspectively 20 render tnH
} one Of the best wefered counfrse
Of the Fnols southwest. The sol sronn'