The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-12-15
The Lien Law Repeal.

In this issue of THE CLARION an
subscriber sets forth some of
The difficulties resulting from the repeal
d the lien law; but we think that he
takes a gloomier view of the situation
than the facts or the laws relating to
liens, judgments, etc, would seem to
The merchants, in the absence
of law to secure himself by lien son
crops to be grown" will, in a majority
OF cases, be very willing to aceommo
date his old customers who may need
supplies until such time as the cotton is
actually in sight, when the usual deed
Of trust can be given. The merchant
cannot prosper without the business of
the farmer, and where the latter meets
bis obligations a. fully as industry and
economy enable him, he will continue
TO get all the credit that he wants, and
more, perhaps, than may be for his
good. We have heard very little com
plant, Of late years, Of oYercharges by
those who furnish supplies; and, a. q
rule, those who cultivate the soil are 81
severely economical as they we'll can be.
The demand for the repeal Of the lien
law came from the latter class, and it
indicated noble resolve to be emanci.
psted from debt, or the temptation to
incur it, that was most praiseworthy
and although the effect of its repeal, in
a short-erop and low-price season, like
this, may work inconvenience in some
instances, the general outcome, we trust
will be satisfactory.
Pending the discussion of the repea
Of the lien law, in the last Legislature
We took occasion to remark that we die
not regard the repeal or retention of tn,
law As a necessity. nor did we apprehenC
that serious results would follow tn,
action Of tie Legislature, whatever j
might be. We saw no special urgenc,
for its repeal believing, as rule, tina
those who wanted and were worthy 0
credit, ought to have it, but that tn
evil effects Of the credit system were s.
apparent, it would be generally aban
! doueO as soon as circumstances woul,
admit, and without compulsory legisla
ture. Several members of the Legisla
ture voted for the repeal Of the lien law
more in Difference to the expresse
wishes Of their constituents than tn
promptiugs of their own judgment.
The repeal Of the lien law can onl
work temporary inconvenience.
our spOnlent will refer to Sec. 1905
Code Of 1880, he will see that it express
ly provides that "a growing crop shal
not be subject to the lien of a judgment
nor shall an execution be levied on
growing crop" Section 1859, now re
pealed, made it lawful for persons t
make and execute mortgages or deeds 0
trust upon growing crops, or crops to b
grown within fifteen months from tn
making of such mortgage or deed O
trust, which shall be valid and bindin
upon the interest of such mortgsgor o
grantor in such crop, subject to tn
paramount lien of landlords. Person
owning or cultivating lands under least
had the power at the common law t
cucumber grotcing crops, but did no
have the right to cucumber crops to b
gr01Cn within fifteen months from tn
making Of the mortgage, and it is no
believed that the mere repeal of tn
statute-s section 1859 Code of 1S80-wiI
have the effect to impair this commo
law right. We think the "poor farmers
of the interior, after their crops ar
planted and growing, can encumbe
them now as heretofore, and that iudg
ments cannot take precedence of an
such encumbrance.