The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1886-03-31

or,l Mr.. Perrin thought both laws should re-
main.
Mr.. Tusten agreed with Mr.. Perrin.
JUDGE MCGOWAN
thought the intention of the homestead law
was good, but that it had been fearfully abused
That the government thought that the citizen,
part of the State, should be protected in the
enjoyment of his homestead, as contributing
largely to the welfare of the State. The
homestead is not an estate but mere exemp-
tiou. The creditor can only collect his debt by
operation of the law, because ihe law allows
him to do so. If the law withholds from him
its process, he should not complain. 1t is
perversion of the law to say it can be sold, yet
it can be. 1t should be kept intact as a home
stead-the roof tree. That he was not very
much in favor of the homestead law that if
kept within proper limits it was tolerable, but
law, he said he could not state whether he had
definite, settled opinion in regard to its util.
ity or not. That his mind had often changed
in regard 70 it. The law was an anomaly, as
it undertook to mortgage that which had no
existence. That it was neither sea nor dry
land, but thing in the air-a something in
the undelveled womb of time. The country
seemed to be one year behind in the provision
line, as the State was in its finances, which he
never could understand. Under the lien law
man actually ate up his victuals before he
made them. (Laughter.) The lien law was
at first intended as humane law, and any law
that is good and kind was generally right and
polite. There had been many efforts at re
peal or change, and perhaps it would be we'll
to repeal it on some good year when there was
good crop made.
Mr.. ". H. PARKER.
stated that he did not agree with the essayist
in his views on the subjects treated by him.
AS to the matter of homestead, he agreed very
much with Mr.. Perrin and Judge McGowan
who had preceded him. He was altogether in
favor of a reasonable homestead. 1t was a
humane provision for the family Of unfoftu-
nate debtors-was intended to be and should
be roof-tree or home, and incapable of alien
alton or any disposition which would defeat
the intention and spirit Of the Constitution.
He was surprised at the statements of mem
bers that the homestead and lien laws were in
cidental and to some extents dependent upon
each other. The fact was they were enacted
entirely Independent of each other. At one
time there had existed an exemption of per-
sonal property to small amount, when there
was no lien law, and again the lien law was
enacted in 1856 when there was no homestead
provision existing. The no uestead law was
the creature of the political revolution in the
+. State. He regretted that the court had felt
itself constrained to hold that the homestead
could be mortgaged. The statute declared
that no waiver, however solemn, should de-
feat the homestead, but the Court held thai
the right could be defeated by mortgage. lie
regretted the still later decision of Bank vs.
Hardin. He did not believe in the application
in such cases of the equitable doctrine as tt
two funds. He did not agree also in the allie.
CATION that the homestead provision encour
aged dishonesty or disregard of pecuniarJ
obligations. The creditor was not misled
he knew the legal right to homestead existed
and he assumed the risk of losing his deb
with his eyes open. He thought it the duty
of the head of family, who was unfortunate
to claim the homestead, and that only tht
direst necessity justified mortgage of it
which would defeat what was intended to be 8
provision for his family.
As to the lien law he did not agree with thu
essavist that it was the fruitful source ofwoe.
unnumbered and Of all the embarrassment q
the agricultural interests. 1t had been per
petuated because the people were not prepar
ed to do without it. He held different views
from the essayist also, as to woTan's rights
Of property. He was a thorough woman's
rights man as to her separate property.
MR.. ". H. HAECKEL
said he did not believe in any body repudiat
ing their debts that the Srate itself set tn
example, when it repudiated the debt on th'
Stale House and made the holders of tb'
bonds take fifty cents on the dollar; tie stream
could not rise higher than the source. If th'
laws were bad the people who lived unde
them would not have a correct idea OF thei
obligations.
| Mr.. W. A. LEE
said that he had listened to the essay will
pleasure aud profit but felt constrained to diff
fer from the essayist as to both of his posi-
tions. He was in favor both of the homestead
and the lien laws. The fact that the home
stead provision had been Incorporated into th'
laws of every State in the Uniou, he though
was in itself strong argument in its favor
| The unfortunate debtor was no longer regard
ed as criminal, and even in the late bankrup
law of the United States $500 was reserved t.
him from the wreck of his property. Even il
South Carolina, before the war, in the days o
"cow and calf'' exemption, it was strongl,
urged to exempt by law one or two slaves t
each citizen. Had this been done, the resul
of the war would probably not have beer
changed, bue we would probably not hav'
been charged with making erich mans wa,
poor mans fight" By homestead law h'
| LuOuHHC Tile uCULOT WIS UeucN 'cu duu NV III
jury was done to the creditor. The credito
acted with his eyes open, and after extending
credit could not blame the debtor for m akint
use of the provision which was made by Law
in his favor. As to enhancing the rate of in
terest and other evils of the time, he though
it was an argument of past hoe ergo, propte'
hoc. AS to the amount of the homestead, h'
thought $500 little enough not more thar
enough to pay the wages and board of goot
laborer. He thought that in the matter of dis
posing of the homestead, the law to be consis
tent, should not only prohibit a waiver, bu
prohibit the right Of mortgage, which was t!
all intents the exercise Of the Jus dasponend1
With these restrictions, he thought the home
stead exemption should continue only until th'
youngest child became of age.
AS to the lien law, all the objections urged
he thought, applied to the whole credit .sys
tenn. The lien law may in some respects, be {
novelty in legislation, yet after all it IS only
making more effective provision which al
ready existed the right to mortgage the fu'
ture increase of stock, and the products O
our labor. The arguments for the repeal o.
the law savored too much of class Legislation
in favoriug the rich against the laborer.
! MR.. N. P. DEDRUHL
said he was in favor of the homestead law but
thought it ought to be so restricted and limit
ed as not to be abused. He had not definite
ly made up his mind in regard to the lien law