The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1885-08-20
TaG LOCAL NEWS RECORD


DALLAS, Aug. 10 Editor iirIALnI
Our attachment M well ~ home
stead laws ara equally deserving Of
criticism. rheir enforcement onon
works the grossest injustice 10 dobior
aud honest creditors. no illustrates
a, -. liz doing a fairly profitable bust
ness On a sufficient capital. lie l.
honest and Capah q, but Tor sOmo fOE-
son or another, he Ia unable Ia meet q
piece Of paper whom h falls due, yet ho
has aiDtiio mems ia pay all thal he
owes ana have surplus len, u leJ
alone. No Quo dOuh,s thisi no
ono doubts his honestly no
ono believes that there IN any
ground for attachment, hut no ~ ~
iached, and tho FIRST attaching crtd
tors make their dobts In fun, while ne
great msjority get nothlng' ana ths
debtor, unless be- has availcd himself
of tho Homestead provisions, IN ruined
for all time,
Now why waB tho attachment rung
Tho answer Is not that tho attaching
creditor beloved that the debtor wa
about 10 act ireudnl0ntly, tor no didn't
believe that, though no han TO swSnr
thai such WIS tEl tact, nut because hv
did believe that unless he attached,
some other creditor would, ana nc
could thereby lOso his deb, and 30
prevent That, h0 makes oath rs 20 facts,
which he dOcs not believe 10 exist
But some creditors Will no, MAKE such
oaths, and hoDcs they lose their d0bls,
Tut preserve their conscieBcos.
Another way in which thls law II
perverted IL not Of intfequent occur
renee, and gives rise u tne 7, ilaction
that IN money mattUra bonds b8tween
Eiudred ara bnt AZ ropOS OF sAno.
For Instance, q merchant ~ appSi-
entity dong "A pros porous husiEess-hls
credit ia good and his Stule Is full pi
goods, but without tho leGst intiDia-
ton, no is closed up bV attachments ht
the suit OF his ktuIclks, his mother
his brothers, sisters, aunis, tho who'll
family connection and "coDhGenlihl
Iriends pouring IN, tough residing
hundreds OF uiiles apart. This IL al
uusseuly scramble ever tho uniortu-
nate mans elects, 10 is tue, but We
see Il every now and then, and the
wonder ~ why a. j. thai the kiniulSs
are the frat 70 pOunCs down on tho un-
fortunate relative. The honest, siuI-
ple-Inindad cSeditdr-nOt OF kin
never had any doubt about getting bis
money, dollar for dollar, but now
when lie fluids that the whole stock Is
covered by debts that he never heard
OF before, he begins 10 doubt whether
they hgvo any existence IN fact, ana
believes that they are simulated,
trumpet up for the OCCASION, but he
can't swear that such is The
fact, and because he can'6 80
swear no is not permitted 70
contest their existence in court, ana
all that ne can do IS 10 vail until court
meets and SEES these graspiDg, unfet l.
ing relatives take their judgments b.
default, the poor, mailrested debtor
not having nerve left to put in All an
swer of five liHes-that won!d delay
judgment-and then witness a mock
sheriff's sale; and thon "a resumption
OF business AZ the old stanu as "agenp
for the kiniolks who had sworn that
be yas guilty NJ fraudulent practices.
Ihcye evila can aof pN-h. z. DO rem
aUuj, The law sh5ulG allow an at
tHChmeut .O ,ggUe Tor riSlE causes,
md 10 oath Should De J.I sd; and
thus al crsuitorF tho one tU2t Is ever
ready to swear. ind .ruse NO are not
TO ready, alll '1 placed IN equal
Germs. Then allow tue debtor TO con
tgst the onsrgepi frsud uate by ths
creditor, Rptii thg creditor fails to
make gOO0, a. JtaT2e, lot ne attach.
mont beGSSshet aud allow he debtor
20 racuV%ss, CaM3gvs: ard in case
tie debtor Dies uC. contest no attach
ntnt. lOl any CthCE creditor DO so, end
also contest th. bona t1es of prior
claiu5 ii rhe laW as lhus amended,
~ honsat crutLuc wDJlG have no
irouh.o INA securing his GrJE against Il
Fraudulent doIaCN, On q % ether hand
an honest debtor would not stand in
constant t9ar Of being closed no and
rniue. Bog IL hear. ll.H. uUr1 fashionable