The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1885-08-20
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TaF fifnAth thls morning pub.
llsh0s communication ON the ah0ys
subject from one oi tho eadlnR noff.
hBH Oftho Dallas bar, whore th' whnlo
maiief II thoroughly discussed THE
communication IL u severe criticism
upon our attachment laws, but not top
severe. II does not 700 directly, nor
by illustration oven, point out the 10
.octs in our attachment laws, and ~ ia
with pleasure that TIM HERALD can
pr.lt 80 clear an article from
No reputable a source. homt-
sload, rsal estate, and attach
ment lave must bD so framed ~
20 favor, or NJ least pro-
tsct tho creditor, before any
extensive use of funds In tho way OF
loans and Investments can be antici-
pnlod. We need cheap money and
moro extensive investments. Every
thing in the way Of communications so
doyou,ly to DO wlshed must bs looked
aitor, and IL, ~ our correspondent
states, or rathsr intimatos, tho fault Ia
largely in tho attachment law, uu-
auestionably the law should be
changed.
As our cOrrosoondont says, in hall
tho cases where the attachment Is
run: "Why WAS tho attachment run?
The answer Ia not that the attaching
creditor beloved that the debtor was
about 10 act fraudulently, for Ee didn't
believe that, tho' he had % swear
that such was the fact, but because no
did believe that unless no attached,
some other creditor would, and he
would thereby loso his debt, and to
prevent that he makes oath as 20 facts
which no does not believe 10 exist.
But some creditors viii not mako such
oalhs, and hence they lose their debts,
but preserve their conscieucos.'
Oarcorrospoudont continues: "rheso
evils can and ought TO be remedied,
The la, should allow IA attachment
IA issue for certain causes and no oath
should be required, and thus
all creditors, tho one that Is
ready 10 swear, and those who
arc not so ready, will! DO
placed ON equal terms. Then allow
the debtor to contest tho charge of
fraud, and If the creditors fail TO make
good his charge, let tho attachment DO
euashed."
Tho attachment law ought to be so
changed that fraudulent assignments
would moi DO possible, nor would it bs
possible for ono creditor "beGp the
rest in Selling upon the goods. A
mans stock, when he fails, ought 90
become the property in common of
every creditor, with no possibility for
favoritism towards any. To specially
favor some in an sssignment,oc permit
othors by "tsll swearing" 70 acquire
special advantages, is mGniIestly
wrong. IL, IS intima.ed by our corro-
spondent, the law we're such that any
creditor, at any time, upon alleging
certain causes, could attach, without
oath, being responsible in damages in
the event of the failure Of hiS suit, 1t
would be better than holding out the
temptation to some to swear either
falsely or recklessly, and so obtain
tho advantage over other creditors
The law should offer no Inducements
to fraud, false swearing or injustice Big
The possibilities Of "sharp practice"
Our laws need revision unquestlona'
bly, all along tho line. The homestead
law, the general real estate law, the
attachnlent law, all ought to be modi-
fled moro in the interest cf tho poor
man, and to prevent fraud. If this at.
tachmcnt law, for instance, were so
changed al to prevent favoritism and
insure an equal distribution OF assets
among ell creditors, whether they hap
penod TO bs "slick" or noS, it would
largely rebound to both the credit OF
the State and the cause OF common
Justice. Our correspondents views
are based on long and large experience
and observation, and it is passin 6
strange that legislatorsso often neglect
attention to these most important
measures, With limited homestead,
though adequste, and q modified and
moro liberal attachment law, such as
has been indicated, it would be posi-
bic 10 largely swell the finances and
the trade throughout Texas. Common
Justice to both the debtor and credi-
tor, in all these matters, and discrim-
ination in favor of none, ia the only
correct policy for the State.