The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1886-03-31
THE HOMESTEAD AND LIEN LAWS.
SOME OF THE GREAT EVILS RESULTING
FROM SUCH LAWS.
The Lien Law at Present is Most OBJ
jectiOnable-.The People Led Astray
by HOwling DemaSOgues -. The
Homestead Deprives the People OF
Basis Of Credit How a Good
Name May be Destroyed.

No laws on our Statue books, have been sc
much discussed, and caused so mnch legisla-
tion, as the two which form the subject of this
essay and it is with dffidence. that l pre-.
sumo to give my views of them, especially.
the lien law. This law has occupied the
attention of all classes of our people, fol
wears past, and has been, much discussed iu
the press, in the halls of our Legislature and
upon the hustings. Yet all this discussion
has wrought but little change in the minds Of
our people. Among farmers, there are many
who demand its repeal while on the other
hand, the merchants and the laboring classes,
as rule, think it good law, and our Legis-
Gators, like our people, are divided, and
are ut loss to know what to do with it.
In 1877, the law was repealed, but imme-
dately there went up such howl, that it was
re-enacted by the same Legislature that re-
pealed it, and is still on our Statue books
Though many have thought that each succeed
ing Legislature would abolish it.
The law as first passed, gave to the mer-
chant the preference, but since then many
changes have been made, all tending to render
it less Objectionable to the farmer but l can
safely say that as i: stands to-day, there are
more objections to it, by both merchant and
farmer than ever before. In fact it seems ia
be one of those laws, that will not admit of a
compromise. 1t must be repealed, or let
alone, and the question is shall we repeal it !
IF not, then the best plan would be to change
it to what it was before our last Legislature
juterfered with it, for as it then stood, our
farmers were amply protected, without their
rights being too much trampled upon. But
the change left the merchant so much at the
mercy Of the landlord and laborer that they
have been compelled to unite for common pro-
lection, and by refusing credit, have forced
the landlord to waire bis right, and allow the
merchant to stand in bis shoes, and to-day
the merchants occupy about the same
position they did under the law, as first pass
ed.
NOT PARTISAN.
In discussing these important laws, shall
not do so, as a partisan of the merchant, or
farmer. for indeed am the friend OF both, and
think the success OF one, Is to be as much de-
sired as that of the other.
1t is true that the farmer is the souce of all
wealth, and must be fully protected under our
laws, but he cannot succeed without The mer-
chant, nor the merchant without him. Then
if they are SO necessary, one to the
other, they should look upon every question
that effects them, from purely business
point. BY so doing, each would help the
other, and both would grow prosperous togeth-
or. Unfortunately, however, our people are
easily led astray by bowling demagogues,
dear people, keep themselves in office by
working ON their prejudices and arraying one
class against another.
| have chosen these laws as the subject of
this essay, because they are so dependent
one upon the other, that they must stand OF
fall together. And after much thought have
concluded that they are the stumbling blocks
in the way Tof our prosperity and should be
repealed.
SHYLoCXs.
Theprincipal security in South Caroliua is
real estate, which to great extent is made
yalueless as a security by tke homestead law
thus deprivipg our people of basis of credit
and thereby keeping capital out of the State
and thowing us upon the tender mercies, OF
local Shylocks- -,
This IS SO, for all political economist will
tell YOU that money follows security, and the
better the secarity the lower the rate OF in
terest. Now land being about the only
security the farmers Of this State have upon
which to borrow money and the homestead
being an incumbrance thereby lowering its
value as security, it must follow that this
law has had much to do with the high
rate of interest we have been paying.
THE HOMESTEAD LAW.
1t has been said that the homestead law has
done more to impoverish South Carolina
than the ravages Of the late war, and if we