The people's journal. (Pickens, S.C.) 1891-1903, 1895-11-28

sCSS nG. Wu9r9 does the DcnenC conner
Where is the wife and minor child
penehtted Where Is the person for
whom you appropriate three mills to
educate benefited when prohigate
father can come in aud mortgage that
homestead which he has wasted in
debauchery He Is q fine head of @
family Don't you know that the con-
stltution never was Intended simply to
give that man exemption? The
supreme court says 1T is simply right
OF exemption. What is u right of .ex-
emption? 1t Is a right that u man
has to como into court and say to his
creditors. You shall not take that
from my wife and children" For
whose benefit? For his own? Not at
all He must como into court and
say that there are people dependent
upon him whom it Is tho duty of the
State to maintain and support and
give q homo within her borders Then
why should they say that that husband
can destroy that right Of exemption by
giving mortgage to this property?
What's tho right Of exemption then
Why, it is u farce.
that property what becomes of tho
exemption?
Gov. Evans-No man has u right to
mortgage that property which is set
aside for the benefit Of those depen-
don't upon him. Give them q real
| homestead of which tho husband can
not rob his wifo and children. would
allow him to sell, but he would have to
make them parties to the contract
| II you hold property as u trustee you
know you can't sell it. The homestead
is not held in his right. You cannot
soil property and dofeat wife's right
Of dover. When u man marrics he
has " title absolute, and yet tho law
says II you have got Il wife dependent
upon you she shall have one-third Of
that estate for life. 1t is right, and
IN inch0ate right, it is true, and he
cannot sell it without her consent.
That is the only thing we want to do
for the widows and wives and orphan
children, and you can't got around it.
! II 1T Is Tor @ mans benefit, let it be for
his bentt.
| Mr.. HutsOn-Win you have it so
that man can hold all OF his property
subject to the right of homestead?
Gov. Evans--Yes, sir, [ would have
that constitution to say that his pro-
perty should always be subject to MS
wife and children to homestead.
Whatever he may show that he has
wasted his home I would have tho
arm OF tho law to como in and say we
will protect these people and nuture
creditors hands oif;' this is for the
young citizen Of South Carolina.
Mr.. Huts0n That would be perpetual
ting by feudal tenure?
Gov. Evans-No, sir where does the
fucdal system como in there?
Mr.. Hutson-You would pcrpetuatc
land holding for all time.
Gov. Evans-Doesn't the State own
all the land ? Doesn't she reserve the
right to eminent domain? would
preserve for the States citizens to keep
1t out OF tho hands of the capitalists
and mlillOnaires who are coming TO it.
now. Look at Barnwcll and Edge
field. Thousands and thousands Of
acres OF land being sold for mort
cages held by Scotchmen and English
men,
MIR. Ragsdale-Do you mean to saw
that the State owns the LAND?
Gov. Evans--Oh, you know what |
mean
Mir. Ragsdalc-No. do MT.
| Gov. Evans-Ihcn | am sorry for
you. What's the use Of you LAWYERS
getting up here and trying to Dam
0ooZlc the people whom you know what
| mean?
Mr.. Ragsdalc--Has the State any
longer any titlo to it?
Gov. Evans-Shc always reserves
her right Of eminent domain. You
have to trace the title back to tic
Stutc.
MIR. Ragsdale- When you have shown
that the State has parted with the title,
how can you state that the State is
| the owner?
Gov: Evans don't state that the
State is the owner; | said that she
reserved this right.
Now, If you arc. going to give u home
stead, give it to the wife and children
and don't place it at tho mercy of
creditors who may be unjust. Here's
a man who goes into bankruptcy he
has the right TO mortgage that prop
crty and defeat the rights of his wife
and children by that mortgage.
Mr.. Patton What amendment arc
You supporting
| Gov. Evans said that he couldn't
agrco to tho amendment for the reason
that 1T operated to take away from
the person for whom tho homestead
was created their right ana vest it in
those persons who arc fortunate
enough to be Of age, leaving the minor
children and other dependents entirely
at the mercy OF those from tho law in
! Conueu 10 project thom, thereby de-
feating the purposes Of the trainers of
the constitution and destroying the
patriotism OF the citizen.
You have said to that man that he
ala not hold tho title, and yet you
wish to destroy your purpose by saving
that while it's for tho benefit Of de,
pendent persons that he has the right
to use it as he sees tit and their right
amounts to nothing. Our supreme
court held "The right to homestead
depends upon two conditions. There
must be head of @ family and there
must bea dwelling bouso where he
resides" Those conditions must OBJ.
tain before ne can secure tho right to
homestead. The object OF the constitu-
tlOn Is to to secure the homestead to
the family.
Mr.. agsdalo-That is the Old con-
stltution you are quoting.
GOV. EvanS.--Whcn the ole copstitu
tion was framed they gave that right,
and whom tho constitution was amend
ed those words were not materially
changed. Tho supreme court has de-.
stroyed the intention of them.
His time being extended at this
point he continued
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