Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1895-10-23

rse Iand ownership on the
part OF foreign corporations than
ever. One gentleman has said
that there was an inequality il al
lowing $1,000 real estate and $500
in persona, property. He argued
that those who had $1,000 in per-
soual property were as rare as
white COWS, aad that ei;ogether
there were not a thousand in this
class in the State. He said that
all he wanted was for those who
were fortunate enough to have
homes to protect them and p-o-
vide a shelter for their wives and
children.
SHEPPARD DEFENDS THE COURT.
Mr.. Sheppard, of Edgefeld, said
that he had never known the mind
ofhis friend from Edgefeld to be so
radically wrong as on this matter.
He would make no reference to the
reflection on the Court. That opin-
ion was rendered by MCGOWAN,
Simpson, and McIver, and those
three distinguished Judges, patri-
otic citizens aud good men whe
decided that mortgage should
prevail over a homestead rendered
that decision on the law. Let him
read Enmo VS.. the Building and
Loan Association and he will be
surprised and astounded at the
facts. That judgment will con-
vince your minds end will satisfy
you that the Court has not skunk
through a hole or deprived the
people of any rights. He said
these Judges had sprung from and
Represented the people who had
CHOSEN and trusted them, and had
consistently been faithful to their
trust.
No man could truthfully accuse
them of being Indifferent to the
rights and interests of the people
or of betraying them. In 1868 the
Constitution providing for home
stead was adopted. A number of
troubles arose. In 1880 to ieme-
dy the defects and to make the
law sound the provision was adopt
ed that appears in this section.
Under that provision hundreds OF
decisions have been fled, and the
law is we'll and thoroughly known.
The troubles that now exist are
now sought to be remsdied, Only
two changes III the present law are
proposed. One is: The Supreme
Court has held that whore there is
a Judgment and a mortgage, and
where there is a marshalling of as
sets, the judgment creditor has
right to make The mortgage cr9dl-
tor satisfied out Of the homestead
exemption and ths mortgage credi-
tor gets the balance, and The credi-
tor gets nothing ] sought to REM
edy that. ! sought to provide that
the mortgage creditor should not
be satisfied before the party gets
his homestead.
Senator Tillman Interrupted Mr..
Sheppard with questions, and Mr..
Sheppard retorted by saying that
ha lad nat;cadL that 1zlaaia- -sannts,s-
Tillman was being struck on weak
points his inval;able habit was to
seek to divert attention by asking
questions and il. yerruptions. He
was glad to see this indication of
conscious weakness on this occa-
sion. The question is with refer
ence to another change. That af-
ter the homestead is set aside he
shall not be permitted to sell it
except on the order of the Court.
The committee seeks to reverse
these two conditions. He would
vote for Mr.. Howell's amendment.
If you desire to make tramps or
tenants or drive the people to the
actory let the provision, as report
ed, stand. When you draw these
lines you put the head Of the fam
lily there to perish, or work for
wages or go to the factory. If he
believed as the gentlemen from
Newberry that the head of the fam
lily should be a minor he would
rather have his tongue cleave to
the roof of his mouth than vote for
such proposition, If you do it there
will be .iail coming from the
home of every poor man in the
State.
Senator Tillman: "Had you
rather have these restrictions or
be made a tramp and take away
your wife and children's shelter?"
Mr.. Sheppard: "People are more
often driven to claim the home
stead from misfortune than from
Incidence and carelessness.'
Mr.. Sligh asked what about the
sale of property of man to his
wife to shirk debt, was not that
humiliating?
Mr.. Sheppard: "That is a spe-
cies of rascality I hope the Con-
vention would avoid" He knew
men to-day, especially one man,
who was honest and thrifty. He
broke and told his creditors he
could pay 25 cents on the dollar
or take all he bad and divide it.
Several years ago he went to him
and was told to send the remain
ing IS cents to every man from
whom be had a receipt in full on
La o. nnrt cnftlomnnt Hn hn1