The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-08-16

1
tails TO the prejudice Of the many, or
shall it be nipped In the bud before the
chains are secretly, sdroitly ard hope
lessly riveted forever?
-$--%-----.-----
THE TEXAS ATTACHMENT LAW
The Herald this morning pub
fishes a communication on the above
subject from one OF the leading & mem
bers OF tho Dallss bar, where the Who'll
matter is thoroughly discussed. The
communication Is a severe criticism
upon our attachment laws, but not too
severe. II does not too directly, nor
by illustration even, point out the de-
fects in our attachment laws, and 1t is
with pleasure that THE HERALD car
30 reputable source. Homo -
ssead, real estate, and attach
ment laws must bo 30 framed IA
TO favor, or at least pro-
toct the creditor, before any
extensive uss OF funds in the wGy Of
loans and investments can be anticl-
psted. We need cheap money and
moro extensive investments. Every
thing in the way OF consummations 80
dovoutly to bo wished must be looked
after, and If, ~ our correspondent
statos, or rather intim2tes, the fault is
largely in tho attachment law, IN
ouestionably the law should be
changed.
As our corrosDonden! ssys, in half
the cRsos where the attachment iS
run: "Why was tho attachment run?
The answer is not that the attaching
creditor believed that the debtor was
about to net frauaulently, for hS didn't
believe that, thO' he had 20 swear
that such was tho fsct, but because ho
did believe that unless he attached,
some other creditor would, and he
would thereby lose his debt, and 20
prevent that he makes oath 80 to facts
which he docs not believe To exist.
But some creditors will not mako such
oGths, and hence they lose their debts,
but preserve their consoionces."
Ourc0rrsspondent continues; "Thess
evils csn and ought to no romodied.
Tho Ia" should allow su attachment
to issue for certain eau SEES and no oath
should be required, and thus
all creditors, the one thet is
ready TO swear, and those who
are not 50 ready, will DO
placed on equal terms. Then allow
the debtor to contest tho charge OF
fraud, aud II tho creditors fail to make
good his charge, lot tho attachment be
quashod."
The attachment law ought 10 be 60
changed chat fraudulent assignments
would not DO possible, nor would it DO
possible for one creditor to "beAp tho
rest in Selling upon the goods. 4
mans stock, whom hO fails, ought 10
become tho property la common Or
every creditor, with no possibility for
favoritiOm towards any. 70 specially
favor SONS In an Rsslgument,or permit
othors by stall swearing" 10 acquire
special advantages, 10 mGniiostlY
wrong II, ~ intmited by our zorro.
spondent, tho Law we're such that any
creditor, NJ any time, upon alleging
certain causes, could attach, without
oath, being responsible in damages In
the event OF the failure of hil suit, It
would be better than holding on, the
temptation TO some TO swear either
falsely or rocklessly, and 40 obtain
tho advantage over other creditors
The law should otter no Inducements
to fraud, false swearing or injustice by
the possibilities of "sharp practice
Our laws need revision unquostIoua-
bly, all along the line. Tho homeatoE d
law, the general real estate law, the
attachment law, all ought to bo modi
hod moro In the interest e tho poor
man, and TO prevent fraud. If this at
tachment law, for instance, were SO
changed rs to prevent flyoritism and
insure an equal distribution OF assets
among all credi TORS, whether they hap
pened to 30 "slick" or no, it would
largely rebound to both tho orodit OF
tho State aud the cause OF common
justice. Our corresp ,ndeuJs views
are based on long aud largo experience
and observation, and 1t is passing
strange that Legislators so oftonneglec,
attention 10 tseso most important
measures, With a limited homestead
though adequate, and a modified ant
more libora, attachment law, such nj
has boon indi,Aied, Il would be possi
bic 70 largely swell the finances RnC
the trade throughout Texas, Common
justice to both the debtor and crodi
tor, In all these mattera, aud discrim
ination in favor OF none, is tho onl,
correct policy for the State.
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