Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1913-08-08
FRIDAY, AUGUST 8, 1913.
LIEN LAW SITUATION
Supreme Court Decision Affects Sim
eerity of Landlord.

cerlty OF Landlord.
Manning Times.
Mr.. ]. ]. Cantey of Summerton, has
discovered himself not alone in the
position he took before the supreme
court in the case of Cantey VS.. Nc
CIary- Broadway Co. Hon. John l..
McLaurin has written him endorsing
his contention, and favoring the nee
essary legislation which will give the
relief the court declined to give. If
the legislature repeals the statute
referred to, 1t will give to the land
lord the prior lein on the crops of
tenants with or without writing,
whether the same be for supplies or
rent, or both. aE ts r.
Should this be the case it may
bring about a condition that the land
lords do not desire. 1t may force them
to release their rights to the merchant
in order for their tenants to get sup
plies. 1t may also have the effect OF
forcing many a mortgage on the land
itself. Lands untenanted become
burden to the owner, and unless the
tenants can be supplied with the nee
essaries of life and the fertilizers
for the soil, they are likely to be-
come untenanted. True, the large
land owner may be in a position TO
supply his tenants, but the small land
owner will either have to make ar
rangements for his tenants or let his
lands become idle. The merchant
cannot afford to take the chance OF
advancing supplies and fertilizer up
on the lands Of another without Sc
curity. Therefore, If the lien on the
crop is taken away from him there
will be no security except SUCH as ne
can arrange with the owner OF tne
land, this may not always be satls-
factory to the tenant and might re-
suit in disadvantages to the owner.
At present the law gives a prior Hen
for rent with or without writing, but
II he also furnishes supplies he must
take a lien the same as a merchant.
This as we understand Mr.. Cantey's
position. he wishes to change, so as TO
give to the landlord the prior claim
for everything, rent, supplies or what
not.
The farmers might be willing for
such a law. and ii does appear the
thing at first glance, but when other
things are taken into consideration.
we think they will go slow about urg-
ing such legislation.
The large land owners can protect
themselves now by merely dfctating
to their tenants how and where they
shall obtain their supplies without
III.
supplying themselves. all they have
to do is to comply with the law as 1t
Is. Then IL the merchant advances 10
them, he does II at his own risk, at
the same time the smaller land owner
who Is unable to make advances, will
not be Disseminated against, because
the tenant Is permitted to make his
own arrangements and give as secur-
ity the crop less the rent. We nave
a high opinion of Mr.. McLaurin gen
orally, but I'm this matter we cannot
see as he and Mr.. Cantey does. How
ever, we are open to conviction, ana
IL these gentlemen can show wherein
the giving the landlord prior rights
over the crops raised by tenant with
out writing, tends to help conditions
with both landlord and tenant. 1t. will
be Illuminating The following is the
letter Senator McLaurin sent to Mr..
Cantey: ,
Mr.. MeLaurin's Views.
Mr.. J. ]. Cantey, Summerton, S. c:
Dear Sir: I have watched with
much interest the course of the case
company. The issue involved in this
decision of the supreme court vitality
effects the farming interests or the
state. and as a member of that class
I thank you for the ability and clear
ness with which you presented IL. l
agree in toto with the views you hoio
and fail to follow the supreme court
decision which regard to section
4.165. code of 1912. However, the
decision of the court makes the iaw'
and there is no way to reverse IL eX-
cept by the repeal Of this section.
This is the kind Of decision tnat Is
developing sentiment for the initi-
ative, referendum and recall Wnich
only means that the people want nt-
tie more hard horse sense and less
hair-splitting technicality in the ad-
ministration of justice. 1t Is only
those who come into direct contact
with labor conditions. who know now
difficult it Is to handle. The course OF
our present system has been that an
ignorant tenant goes to town and gives
a merchant a chattel mortgage or lien
on crop. Then the land owner Is
helpless. The merchant makes him
plant all cotton. sells him red Wneel
buggy and puts him to riding the roau
while his wife and children fght the
grass.
The land owner should make the
necessary advances and the fact that
the tenant is on my land should De
notice to all the world that the crop
raised on that land is responsible first
to me for debts due by that tenant.
No one should by any judicial legisla-
tion be permitted to get between land
lord and tenant at the expense or the
farmer and the decentralization of the
latter.
You have done a good work: go on
now and get your representatives IN
the general assembly to complete IT.
Yours truly,
Jno. L. McLaurin.
Hendersonville, n. c., July 90.