The news and herald. (Winnsboro, S.C.) 1877-1900, 1895-11-23
TIE HOMESTEAD.

There was considerable argument III
the convention on Thursday as to
whether the homestead should be
mor,gaged or in any way disposed OF
after being Set aside.
Mr.. Gage wanted it hxe'' s''ha'
those interested in the ho'neS'oac
might mortgage by unanimous consent
if all interested were 81 years I'D.
Governor Evan, was opp 'scd to the
21 year feature of the clsu>e. He Wa;
not in favor OF the homestead being
mortgaged or otherwise diSpos OF:
Mr.. Ragsdale said the convention by
this amendment proposed to take
poor mans property and prevent MN
from mortgaging it. Before any DEP
is contracted the homestead IS practl
calIv exempted. It is one thing to cX
empt it from q forced sale and anothe!
to say BE shall not exercise the right O.
voluntary alienation. It may be
good thing, bu. any man who stakes
his political future on it will IND ou'
what the Door man thinks about it.
Mr.. Glenn thought it would be vel
to keep in mind the theory of tht
homestead lrw in this State. Ou'
courts have laid down that the laying
off of the homestead does not aftec
the title in the property.
Both Of the last speakers had no
completed what they wan ed to say
AMI motions were made to extcnt
their time, bnt objection wa made
Several members made vigorous kick
STOUT this and the time for debating
this section was exJeiii:-sea one hour.
Mr.. Hutson could not see~Why TIE
party for whom the homestead Was Sc
apart did not have the same contro
over it after it as he did before. LIZ
his property, and he has a right to dc
with it as he pleases. Mr.. Cages the
ory would change the whole character
Of the tbeasHu Huc Af foftt 1sw IS plain
enough now.
Mr.. Ragsdale moved to indefinitely
postpone the amendments and substi-
tute.
Governor Evans tuen made q speech
of some length, importuning that the
homestead be left so tho sheritf's ham,
mer could not strike it. lie sail &:
These gentlemen would make you be-
lieve that homestead was intended for
q man alone. 1t is not trne. If the
homestead vas intended for the man
why don't you allow the old bachelor
and the widower q homestead in his
land?
Voice-A widower is entitled to a
homestead.
Gov. Evans-Yes, if he has anybody
dependent upon him. :
Mr. W. D. Evans-And so is bach
elor under the same circumstances.
Gov. EVans-Yes, if he has sister
or niece or nephew dependent upon
him. This ls for the benefit Of those
whom the State has guaranteed home
for the purpose OF raising patriots
The Supreme Court has practically
nullifi ed this Constitution end con-
strueG it against its express words.
This Constitution says that man who
is head Of q family shall hive so
much property exempt from attach
nent, levy and sale. The Supreme
Court has decided that the homestead
is for the benefit Of mans wife and
family. Every lawyer will admit that
he who holds property as q trustee
canno; sell or mortgage the property
of his cestui que trust in this State
without his consent or an order of
court for the benefit Of another as a
trustee. Yet the Supreme Court got
around it. They say, "Oh, we'll; that's
very true. LIE is a trustee for those
people, bue the title is in him." That
is true. Yet they say while it IS Cor
your benefit in this case the Constitu-
ton does not say that the title changes
that for the reason yoH cannot rob the |
man Of his right to dispose of il. Isn't
that splitting hairs?e The man is given
exemption for the benefit Of others,
aud yet he is uAowed to destroy it in
any way he sees fit. Where does the
benefit come? Where is the wife and
pinor child benefted2 Where is the
person for whom you appropriate
three mills to educate benefited?
Gov. Evans was in favor of The en-
tire, property being subject to The
homes cad, and replied to Mr.. Hut
sons question implying such legisla-
ion:
Yes, sir. I would have this con7en.
ion TO say that his property should
always be subject 10 his wife and chill
lren 10 homestead. Whenever he may
how that he has wasted his home l
Tould have the arm Of the law TO come ,
n and say we will protect these people
nd nurtare patriotism in them, and
ay to the creditors '.hands off," this !
) for the young cisizeas of South
Mr.. uutson-That would be perpe;- -,
ating by feudal tenure. :. ;
Gov. ETans-No, sir; where does
le feuda! S! !stem come in there? It is
aving the homes in the hands of the
eople. the landlords, not tenants.
Mr.. Hutson-You would perpetuate 4
d holding for all time.