Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1883-01-16
COMMERCIAL.

GAZETTE OFFICE, January 10, 'S3.
Coincident with the assembling Of
every Texas legislature since the adOp-
ton of the constitution of 1876, there
has been considerable discussion in
and out of public journals as to the
merits of those sections of that instru-
ment relating to exemptions, and the
propriety of the legislature passing
resolution proposing to the people of
the state amendments TO those partic-
ular sections. There are many who
recall the opposition in the conven-
ton which adopted those sections, and
the signal failure of the opposition to
greatly modify them. The granger
element welded Il preponderance of
influence in the convention,
and hence the instrument derived the
appelation of the granger constitu-
Therefore it was the representatives of
the agricultural classes who were
chiefly responsible for ENGRAVING the
exemption provisions in the organic
law. Agitation for amendment is
confined, principally to the com
merclal centers, which are affected by
the operations of the law, more than
any other element of the population.
The constitution in its present shape,
and the statutes enacted hereunder,
may be cumbersome and defective in
certain of their operations, But there
is no denying these acts are wholesome
in some respects. But like all benefi-
cent laws from the time of Aristotle to
the present, they have been
abused by the designing and dishonest.
To many worthy but unfortunate
families they have stood as bulwark
against the lapacity of the creditor and
his executive adjunct, the sheriff, pre-
serving against forced safe the
homesteads of those whom fortunes
reVerses embarrassed financially. But
! the necessary defects Of such n law are
plainly visible. Capital invested in
F vested in homesteads is an available
/ asset withdrawn from the circles OF
i commerce. The merchant who builds
! for himself and family dwelling
/ takes out of his business so much OF
. the securities that are tlhe basis OF his
/ credit. II has frequently been observed
that the people OF Texas pay more
attention TO the details Of their BUSH
ness than the securing and
adornment of their homes, aud
we might search further than the eN-
emption laws for the cause without
. Ul~tbAtIA, IL tlittC Wa any NNAAe'i'A
method Of finding out, il would per
haps be ascertained that property eN-
enpt from sale under process Of law
has been disposed of at a sacrifice by
the owner 10 obtain funds TO conduct
his business, whereas with power and
sanction OF law TO mortgage IL, the
way our OF his financial troubles
would be clear. But there are still
other objections to be enumerated, ana
among them is the opportunity afforded
dishonest debtors to defraud their
creditors hy cXpending their capital
in costly and magnificent improve
meuts, and thus putting il beyond the
intervention ofthe law Itlsimposslhie
to conceive OF code of laws perfect IN
detail and operation, and Y remains 60
be seen if the people would. ratiiy an
amendment to the constitution modl-
fying the exemption sections, 'and u
the future legislature would have the
wisdom and practical knowledge to e
readlust the statutes rs 10 meet ih'
wishes OF the people