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

DALLAS, Aug. ID Editor HERALD.
Our attachment as well as homo
stead laws are equally deserving OF
criticism. Their enforcement often
works tho grossest injustice to debtor
and honest creditors. 70 illustrate:
A. b. is doing fairly profitable bust
ness on q sufficient capital. He is
honest and capab Q, but for some rea-
son or another, no is unable 10 meet a
piece OF paper when IL falls due, yet he
ms sWple means To pHy ell that bs
owes and. have n surplus left, IL Let
aiOn0. No ono doubts this; no
one doubts hiB honesty; no
ono believes that ihero ia anv
ground for attachment, but ho In nj
tachud, and the first attaching crrdi.
tors make thCir debls In full, while mo
great msj rity got nothing, aud tho
dtb or uulpss ha has ayailed htmzs,T
Of the homestead provisions, il ruined
for Ah tima.
NoS why was the attachment ruuY
Tho answer N not that the attaching
cseci or believed that the debtor was
Gouut to act irluduloUtly, for ne didn't
believe that, though no hgn to sw, ar
ihaL such was tho tact, nut because hs
did believe that unless ne attached,
some other creditor would, gnd he
" ould thereby lose his deb, and to
prevent that, no makosOat as 10 facts,
which ne dOD9 not b8liovA 10 exist
But some creditors will no, mako such
oatbsi SUI hence they lose their debts,
But prcsorva their condolences.
Auoiher way Ia whcn this law ~
Az l. mt .H a..f..
renee, und gives rise TO the r. hectton
that IN money nattorB bonds bstw en-
kindred are but ~ ropes " sand
Tor Instance, n merchant ~ uppsr-
emily dong "A prosperous busineaa-hig
redl. Is good aud his store la full Of
goods, bus without tho least intiug-
ton, no 10 81 lsed zip bv attachments nj
the suit of his kiufulks, his mother,
MS hrothors, sisters, aunts, tho whole
family connection aud Confidential
friends pouring In, though resisting
hundreds OF miles apart. This IL an
uuseemly scramble over the unfortu-
nate mans effects, IL Is true, but wa
500 II every now aud then, and tine
wonder IL why IL IL that the kinfolks
are the first 70 pOunch down ON the uu-
fortunate relative The honest, sim
pic minded croditOr-nOt of kin
mover mad any doubt about getting his
money, dollar for dollar, but now
when he tiuds that tho whole gtock Ia
covered by dobia that no never henrd
Oi before, he hegins to doubt ~ hether
thuV nave any existence IN fact, and
h'l'eyas that they are simulated,
trumpod up for tho occasion, but h6
can't swear that such is tho
fa't, and because he can't 30
sNoAr he is not permitted t.
contest their oXlgtoncO IN court. and
AL that ne can do ~ TO wait u.til court
meets and see these graspiug, unfeel-
ing rel suvos take their Judgments NV
dtleul, tho psor, maitfeated debtor
mo- having nerve left to put In an an
Swer Of live ltnoS-that would DELAY
judgment and thon witness A mopk
shuf MS salei and tnen resumption
ui business AZ tho Did stand as "ntvntu
Tor the kiutulka who had sworn that
nc was guilty or fraudulent practices.
These evils eau and ought to ne rom.
onled' the Law should allow an Vt.
tNchment 10 issue Tor certain causes,
ana no oath should be repaired; ana
thus all creditors, tue one that AZ eyer
ready 10 ewesr, and those who ara not
80 ready, willaba placed on canal
ARh hiANN AhN NNnLOl Ia Nuns
test the charge OF fraud made by The
creditor, and II tho creditor fails To
make good his charge, lsG the attsch.
mont be quashed aud allow the DEBTOR
To recover hia damages; and In case
the debtor does not contest the attaoh-
ment, lot any other creditor do 40, and
also contest the bona hdes of prior
claims. IL the law was thus amended.
au honest creditor would have no
trouble In securing his debt against a
fraudulent debtor. Oh the other hand'
an honest debtor would not stand In
constaLt ioar OF being closed up aud
ruined Wy heartless, unoonscionabla
creditor, and collusivO attachments be.
tween kintOlks and confidential
friends wou d cease. Texas Is sadly
In need OF wlso legislation GU MANY
subjects pertaining to our Judiciary
sys.em, anu trust that Tus HERALD
will continue to keep the m after beiora
tho people.