The Russellville Democrat. [volume] (Russellville, Ark.) 1875-1898, 1886-02-04
Pointed ana Practical Icxenp-
tIOns and Mortgages.

Al / predicted, the speech Of
Judge Caldwell is eyoking whole
some discussion Of the exemption
and mortgage laws.
Now this is an important matter,
and Ia discussing it WE had just as
we'll treat II fairly, practically and
honestly, as we would any other
measure SO intimately connected
with the business interests Of every
community, and leave exsgerations
land seutimentalism entirely out Of
the treatment Of the subject.
1t is a practical matter, and what
/ desire Ia do in this communication
Lis to submit few pointed, practical
questions und invite the thought Of
those who oppose mortgages and I'D.
vocate large exemntinns to them. 4
| Therefore . o =
First. When man has an abso.
lutte title to piece Of property, resi-
or personal. who should control it in
free country--the owner or the
state? Can the state say be shall
not sell it? Ifsct--if he has right TO
sell it ABsoLUTELY-c can the state say
THAT he shall not sell il CONDITIONAL
LIZ or, in other words, mortgage 1t
or give deed Of trust on 1T?
Second AS a matter of Justice
and equity between man and man is
liz right and proper that the man who
advances fifty, one hundred or five
hundred dollars TO his customer
should be allowed to make himself
certain OF getting his pay2 Can he
be prevented by Legislation from
taking steps to secure himself9 "
the State should undertake to do so
by annulling the validity of mort
cages, could he not simply demand
and take bin of sale OF sufficient
property to cover his claim, and give
his bond to his customer STIMULATING
for the return OF the property upon
payment Of his claim? And would
that simplify matters any, or make
it any easier for the debtor2
Third Does the fact Of debt
being secured by mortgage make
that debt any harder to pay than it
would be il it were not so secured?
And cannot a man who is trading
under mortgage be just as prudent
in making his purchases and guard
against creating debt beyond his
ability to paw, just the same as
though he was not trading under the
mortgage?
BY the time any thinking man, of
practical views, has answered these
questions l think he will see that
the evils OF the mortgage are imag
mary, and that it is all rubbish to
talk about the mortgage law making
slave of man, as Judge Caldwell
talks, and worse than rubbish to talk
OF the necessity, sense or possibility
OF Legislation to give a man 'free
homestead that he cannot dispose
Of" as suggested by the astute dis
c,ple of Blackstone, Mr.. Brickell, in
his communication to your paper.
sENTlMENTALlsM AND INCONSISTENCY
All this scntimentalism about not
wanting to distress women and child
rem is very pathetic and nice, but is
not practical, and the very gentle
men who lug it into the discussion of
this debtor and creditor question lack
both practicabillty and consistency
when you pin them right down. In
stance, when the unfortunate lltigant
in court finds an enormous bill Of
court costs and officers fees against
him, and an execution is issued, do
the judge and the lawyer then re-
member their philanthropy and ad
vocate mo collection OF debts by
law?" Or, when taxes fall due, and
some poor taxpayer has to drive his
mich COW to town and sell her for
the money to pay his tax Tor 60 to
the merchant, likely, and get him to
pay the lax do these same gentle
men ever once think of the poor wo-
men and children?
Now il the homestead and thous- |
and dollars worth OF personal proper
ty should: be exempt from debts due
tfStoVbNi VI CuibOt Ou dCCOuuL Vi I
these high sounding, sentimental
reasons advanced by Messrs. Caid
well, Brickel and others Of their |
school reasoning, how much more
TO should they be exempt against
the state, which ,s mach more onn-
lent than the private creditor? Mr.
Brickell is like many others who are !
totally Ignorant OF the mercantile
business. He thinks that every man
who can set himself up with hand
full of goods, and commence barter
ing with coonskins, is on the high. I
way to colossal fortune. He ought /
to know that IS merchants out of |
every 100 fail in a few years, and
that only three out Of hundred /
ever get rich. The fact is. merchan
dising Is one Of the most precarious OF
all avocations, and full Of struggles
and vexatiens. The merchant is not
the enemy of the common people.
HIS interests and the interests Of his
customers are mutual and reciprocal.
He is as much a necessity as the
farmer or the mechanic, and the
political hacks who seek to array
them against each other are doing