Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1895-10-23
THE CONSTITUTIONAL CONVENTION.

Practically the whole day was con-
sumed in the discussion of the home
stead question. The recommen dation
of the committee proposed the old
homestead section, together with the
proviso that after the homestead has
been claimed and set aside, it shall
not be mortgaged, sold or conveyed,
except by order Of the court, and that
the proceeds shall be invested in an
other homestead.
Mr.. Howell moved to strike out this
proviso. He said that it was calculat-
ed to put man who claimed the
homestead in the position of minor.
He could use the property to live on !;
but could not use it as a basis of cred
| it, and could not even sell it in case he
wanted to leave the State. The law,
instead of being benefit, would be a
curse.
Mr.. Sigh replied with the statement
that when man applies for the home
stead, he showed that he was incapa-
BILE of managing his affairs and should
be treated as minor.
Mr.. Prince thought that 81 500 was
too much, and wanted to fix the amount
of the homestead exemption at 81 900.
He did not think that personally
should be subject to the order of the
court; but thought it all right for
realty. When man seeks the pro-
lection of the court, he does not de-
serve to be longer trusted with the
management of his business.
Senator Tillman spoke in favor OF
the provision. He said that the su-
preme court decision that allowed a
mortgage to take the homestead, was a
disgrace. A man should not be allow
ed to mortgage his homestead. The
thrifty would not want to do it, and if
the thriftless could not get along with.
out mortgaging it, let them starve.
Mr.. Stanyarne Wilson disagreed
with Senator Tillman. He could not
see the sense in giving a family a
homestead and then hedging it in so
that it could not be used. He pictur-
ed the case of man with homestead
and unable to pay IS taxes. Because
he could not use the credit of the
homestead to raise the $5, the home
stead would have to be sold. He was
unable to see where any benefit from
the homestead came in under such
conditions.
The provision was stricken out by a
vote of 80 to A. The vote of Mr.. w.
B. Wilson is not recorded. The other
members of the York delegation voted
to strike out the proviso.
After a number Of unimportant
amendments, further discussion was
postponed.
FRIDAY-TWENTY- DAY.
When the report on penal and char
liable institutions came up, the board
of charities and corrections provided
by it, was attacked. Mr.. Prince held
that the grand juries could and did
discharge the duties prescribed for it
most satisfactorily. There was con-
siderable debate on the matter; but
the convention, by big majority, re-
fused to establish the board. 1twas
averse to the idea Of creating unneces-
sary offices. The balance Of the arti-
Gle was ordered engrossed.
The article on finance and taxation
was taken up. In section l there was
proviso "That the general assembly
may provide for tax on incomes. "
Mr.. johnson wanted to amend by add
ing ';derived from investment not liable
to tax." He illustrated his meaning.
A man owns $4,000 worth of land and
pays 500 tax on it. His income from
the product of the land is 81 900, and
he can be made to pay tax on this also.
Another man owns $4,000 Iworth of
bonds. They are not taxed. His in
come from them is 5000, and all the
taxes he has to pay is on that. One
man has to pay his taxes twice, and
the other only once. On the sugges-
tion of Mr.. Talbert it was thought best
to leave the matter of details to the
legislature, and Mr.. Johnson's amend
ment was laid on the table by a vote
of 63 to "a.
Senator Tillman offered an amend
ment providing for graduated licenses
on all trades and avocations and the
amendment was accepted.
Mr.. Barker wanted to except in
comes from agricultural products.
Senator Tillman said that the farmers
did not want any exceptions; they
were willing to pay ON what incomes
they had. The amendment was tabled
by a vote of 9S to 81. Senator Tillman
and Governor Evans voted against
making the exception. All the men,
bers of the York delegation except Mr..
Wilson, whose vote is not recorded,
voted for it but they were in hope
less minority.
Mr.. Mears moved to insert the word
graduated" before the word ''income."
The amendment was accepted.
That portion Of the committee re-
port which provides for capitation tax
on "all animals destructive TO proper
ty," was next taken up. Senator
Tillman wanted to know what animals
were meant. Mr.. Ragsdale said that
maybe it meant "dogs;" but the man
who tried to put "dogs" there was
gone up.
Senator Tillman moved to amend by
collecting a poll tax of 81 from the
owner of every dog in the State. This
brought forth another long debate,
participated in by more than score of
members. When the amendment came
to vote, it was killed 100 to "a. The
York members voted against the tax.