Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1905-07-14
UNIQUE TEXAS LAWS.
Protection of the Homestead--News.
nanara Must Be Careful.

Protoctton OF tno Homoetooo-Ne"
papers Must Be Careful.
William e. Curtis, the well-known
correspondent of the Chicago Record
Herald who is now in Texas, writes
thus interestingly Of some laws that
are peculiar to Texas:
The legislature Of Texas has been
the subject of good deal OF ridi-
Guile and criticism, because Of some
peculiar laws that have been enacted
during the last few years. but other
legislative bodies have done worse,
and when you come to look into the
facts you will find that there is a
good deal more sense than folly In
some Of the laws that are criticised.
For example, the homestead act,
which has excited much unfayorable
comment, was conceived in the desire
to preserve the homes Of the state and
protect the widows and children Of
men who are unwise, unfortunate or
wicked. The statute provides that the
home Of family up to a valuation
of $1,000 or farm up to an area
Of 200 acres cannot be seized or sold
for debt except to recover taxes or
the purchase money. A man may
mortgage his home or his farm IL his
creditor Is willing to take the risk
but IL the property Is worth no more
than $1,000 the mortgage cannot be
foreclosed unless 1t represent the or
iginal purchase money. The same
rule applies to all farms to the extent
of 200 acres, to all household furni-
ture, books. tools, implements and
apparatus pertaining to a business,
trade or profession. 1t exempts from
seizure two yoke Of oxen, two horses.
twenty sheep, twelve hogs, five cows,
one wagon, one carriage and one
buggy. All of these are exempt from
sale except under a lien for the pur-
chase money given at the timeHof
purchase. A rascal Is not permitted
to buy a house or cow or horse
or home or farm and then evade
payment under the homestead law,
and everybody is expected to pay his
taxes, widows and orphans included.
But the wives and children of Texas
are protected against speculative,
dissipated. extravagant and unwise
husbands and fathers.
Another law which has excited
some comment permits married wo-
men to retain all property owned by
them before marriage or acquired
later by inheritance, regardless of the.
debts or transactions Of their hus-
bands A woman may permit her
husband to manage her property.
and he may dissipate 1t, but she Is
not liable for his debts.
Another law relates to libel. 1t Is
forbidden to deny or impeach the
honesty or integrity or virtue or rep
utation of any person or to ridicule
him or expose him to public rtdicule
or contempt or disgrace. 1t is un-
lawful to ridicule or describe or call
attention to the natural. physical or
mental defects Of your neighbor. and
there is heavy penalty for criticis-
ling the conduct or injuring the rep
utation Of the dead, no matter wheth-
Ter the words spoken. are true or false.
In prosecutions under the law, II the
defendants shall publicly apologize
for, or correct or retract statement,
the fact may be taken into considera-
ton, and the court may also judge OF
the provocation. An exception Is
made in the case Of public meetings
and proceedings in courts Of justice
and legislative bodies. Anything that
occurs or is said in them may be
safely repeated in public or private or
reported in the newspapers and pub
licly or privately discussed, and the
law allows reasonable criticism" OF
the acts and utterances Of public Of
flcials.
Under this statute the newspapers
of Texas are theoretically prohibited
from printing ordinary news The
fact that a man has been arrested
may be published, but II the cause
of his arrest Is given the publication
Is libelous, whether true or false. A
banker may steal all Of the money In
his vaults but the newspapers are
forbidden to make the announcement
until the police have taken some ac-
ton in the matter, and then they can
only publish what the police have
done. It is libelous to call thief to
account. Caricatures Of public men,
political and other cartoons, are libel
GUS, provided they are likely to hold
their subjects up to ridicule. The law
is not strictly enforced throughout the
state, but occasionally people are re-
minded Of its existence. Texas has
some excellent newspapers. Those or
Galveston, Houston, San Antonio
Dallas, Fort Worth and other cities
are as newsy and as ably edited as
any in the United States, and they
print full accounts Of public occur
rences without regard to the libel
law, but every now and then one OF
them Is pulled up short Recently
the manager of theater In San
Antonio was horse-whipped by an
indignant soubrette. The papers
printed a conservative account Of the
incident. The victim appealed to
the courts, the editor was convicted
of libel and damages were allowed.
The paper has appealed to the high
er courts.