The news and herald. (Winnsboro, S.C.) 1877-1900, 1895-11-28

nc,ncste:,A IS lot lrii IN his right.
! You caDn;t sci: property and defeat &
! wife right Ui lOwc:. When man
marritS be bis y title, absolute; and
i yet the law says ii you have got q w;sa
dependent upon yoi' She shall have
one third of that estate for Life. 1t is
? riG1i .uud an iuchoate right, it is true,
! and he cannot sell it without her con-
! sent. That is tie cnly thing We want
. to do tor tte 4i,ln"s aD1 wives and
orphan children. AMI .tc:t cant get.
around it. If il is for / man. be1;cfit,
, 1T it be for lis benefit.
Mr.. Hutson-Wili you have j. 50
! that ,uau can hold all of his property
snhjcct tc the right Of homestead?
! Gov. Esane--Ees. sir. I would
! have that Constitution to 7ay that his
property should always be subject to
his wife and children TO homestead.
Whenever he may show that he has
wlsted lis home I would haze the arm
O the law to come in and SAY We will
protect these people and nurture pat
riotism in them. and say 70 the credit
ors 'hun,ls off. this is for the yonug
citizens Of South Carolina.
lIr. Hutson- That would he perpet
. tlating by feudal tenure?
Goy. Eruus-No, sir: "herc does
the Geu@,I system come in there?
Mr.. ILutson-Yon would perpetuota
laid holding for all time.
(s0:, E;nns -- Doseu't the State own
all the land: Dosu't she reserve the
right fo eminent domain? would
preserve for the States citizens t.
keep i cut Of the hands OF the capital
lists and nliilionaircs VIZ" are coming
to it now, Look at Batrwc!l aad
Elseheid. Thousands and Thousands
,,f uct"* r( land being sold for mort
cages ii"lri !iv Srr:cllmcn and English
rieu.
Mr. Nass,lale--Do yot; mealt to say
that the State owns The land?
Gov. Evans s-Oh. YOU know whas /
ncHn.
Mr.. Rays.lale-No. do not.
Gov. Eyuns-Tlcn / ain sG:ry lor
yu,i. Wh"t's the 'lsc Of you lawyers
getting up here and trying to bamboo
z!v the s,epy'i" when YOU know what
mcuu?
Mr.. Kagadale-Has tic State any
LONGER unv title 10 it?
Gov. Evans-She always reserves
her right Of eminent doulain. lon
have to trace the title hack tc The
State
AIr. EnystlaIe When yon have
slrown that the State :'a& parted with
the title, how cnu YOU statc that tie
STATE is the owner?
{;ry-F~ane- I-,rtr-t"t0 tH"' t-o
State is the owner; | sail that she re-
served this light.
Now. il you are going to give
homestead. give it TO tue wife ana
children anl don't place it at the mer-
cy Of creditors who may be unjust.
Here's man who goes into bankrupt
cy: &c lt,:>: the right to mortgage that
A;s-o pert nri tjeEe"t tie rights Of ms
{ wife and cuiidren b. tla: hr"rf&a&e.
!: Mr.. Pattun--N What auicnGc1eji.s are
su:, supporting? ,.
; tiov. Eynns said that BE c6;i;,;u';
agree 10 the amendment for the reason
Chat it pprrat~A :, take away from
the persun for "io!U iiIc homestead
WIS creatcd their rigl: and vest it il
these persons nhp arc fortunate
cnulgt: 10 lc u asc, i4gying tie minor
ch;I,lren an:; other dependents entire
j. 1T Tie mercy cf those from whom
the law intended to protect them.
thereby Defeating the purposes Of the
trainers Of the Constitution and de-
stroying the patriotism Of the citizen.
You have said to that man HAT he
did not hold the title, and ;ct ycu wish
to destroy your purpose f'y saying that
while it's FOR the benefit of dependent
pc-scus that lie has the right to Use it
as he sees fit am! their right amounts
to nothing. Oar surrem: court lell
Tho right to homestead depends up
Oh two conditions. There must he Il
head Of i finally aud there must he =
dwelling house where he resides.
ilsDsc conditions lGtust obtain before
lie car securc the RIGHT to homestead. |
The object Of the Constitution is 10
*ccnre the homestead to the Iamii:
Nr. Ka=stl*le That is The ol;! Con
etit'ition ypl are Quoting.
Gov. Evaus-When the old CoDsti-
tuition was framed they gave that right.
and when the Constitution was amend
cd those words Were not materially
changed. Tie supreme court has de-
stroyed the intention Of them.
His time being extended at this
point, lie continUr,:
simply w:sEt to sly thai there is no
in the United States where
homestead is provided for, with one cx-
certior, can Il man destroy that right
by mortgage. Iou have heard Geor
sia broHgh; tlp here rs Hu example,
md, while J think South CarClin is an
example to Georgia il every respect.
ut Georgia allows a!uan : wife bone
>tea.i which cannot BE- touched without
Ter cousent. All cf thcs: provisions
IRE Tor the benefit Vi the wife and
children an,l not Tor the benefit oi the
husband. The Constitution says that
his excmntiou was for III: benefit .:
certain dependent persoH<--a part q