The Temple Times. (Temple, Tex.), Vol. 16, No. 11, Ed. 1 Friday, February 12, 1897 Page: 6 of 8
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THE TEMPLE TIMES, FEBRUARY 12 1897.
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Entered at tne Poat Offloe tn Temple. Tex,,
Second Class mall matter.
THE VOICE OF JACOB, BUT THE
HAND OF ESAW.
John B. Dnrret', in the Bel-
ton Reporter, says to the Times:
“Stop slandering the people and
the laws of Texas.” Then with
that proverbial fairness and
honesty for which the people of
Bell county have again and
again elected that gentleman to
stay at home, he says:
The statements made and the po-
sitions taken by the Times, show ut-
ter lack of correct information on
the subject of the assignment law
and the effect and purpose of the
proposed changes in it; and this
ignorance is not confined to the
Times, but is wide spread in the
land.
The mistake made bv the Times
and other unreasoning advocates of
a repeal of the assignment law, is
one that is common among honest
but misinformed, unthinking and
hysterical people. They attribute
eyils which arise from the abuse of
the government to the government
itself; they charge crimes which are
committed in spite of the law to the
law which prehits them and punish-
es their commission; they rail against
our murder laws because murders
continue to be committed; against
our theft laws because stealing goes
on; agaiust our gambling laws be-
cause gambling houses continue to
tiourish. And so Brother Crow de-
nounces our assignment law as “a
law that has always been unjust,
dishonest, fraught with evil and in-
famous,” and our homestead law as
“unwise.”
The Reporter lays down the prop-
osition that our assignment law is
neither unjust, dishonest, fraught
with evil nor infamous,and, further,
that the proposed legislation chang-
ing or rather adding to the present
law would be one of the most ab-
surd, oppressive and odious laws
ever placed upon the statute books
of any government.
Now, John, if yon will con-
fine yourself to the truth we
will see who is ignorant and on
what subject. There is not a
word in our last article relat-
ing to the effect and purpose of
the proposed change in the as-
signment law.
Your declaration as to our
igrorauce of the present law is
in keeping with numerous dec-
larations made fcy you before
the people of Bell county and
declared by them to be for
truth—nit. Your laca of fair
ness and honesty in discussing
this question is manifest in the
comparison you make between
the assignment law and the
criminal laws. A criminal law
is one that defines a crime, pre-
scribes it and fixes a penalty
for the violation of the law.
Your present assignment law is
one that opens a road to crime,
makes it possible to be a con-
summate scoundrel, legally,and
invites rascality. On the one
hand men commit the crimes
without law and despite of law;
but the kind of crimes made
possible by the assignment law,
are not possible withont suoh
law. Nobody rails at the mur-
der laws, but at their lax ad-
ministration. Tell the trnth,
John, yon know the statements
yon make in this connection
No reasonable
to a discussion of the proposed
law just now. We will just
look a little into the present
law:
The law provides that whenever a
debtor takes advantage of the as-
signment law and makes an assign-
ment for the benefit of his creditors
such assignment shall pass from
him to his creditors the title to ev-
ery dollar’s worth of his property,
except such as is exempt from exe-
cution, and that such property shall
be distributed among all creditors
in proportion to their respective
claims.
Isn’t that enough for the law
to do? Lf left alone j net there,it
would be an honest law, a jnat
law, and a law that would place
Texas where she belongs, on a
high plane ot fairness.
It further provides that any debtor
desiring to do so may make an as-
aiguiucuu iui kjixo ucueilt of Such of
his creditors as will accept their
share of his estate and discharge
him from their respective claims and
directs how the estate of the insol-
vent shall be administered and dis-
tributed among the creditors.
Now all this is fair, right and
just, in fact the assignment law
as it now stands is not bad if it
were not a dead letter. We
have a law permitting a chat
tie mortgage on goods, but in
the hands of the mortgagor the
mortgage is void, so to render
it valid he names a trustee,puts
his goods into his hands, pays
such of his creditors as he sees
fit and opens np business in
the name of a cousin or sister,
and goes on to fortune. It is
under this deed of trust law
which is in fact the only as-
signment law now used, the
other, or assignment law proper,
having become inoperative. It
iB this that the Times objects
to. We object to the ruling of
the court saying:
An insolvent debtor has the right
to pay one or more of his just debts
with money or property conveyed at
a fair price, either to the debtor or
to some other person who, by the
terms of the sale, is bound to see and
does see that the money or property
is appropriated for that purpose.
But if the purpose of the debtor
within the knowledge of such cred-
itor, is to secure to himself an in-
terest in the property so conveyed
or to place the same or any part
thereof beyond the reach of his cred-
itors the payment or conveyance is
absolutely void.
Sach a ruling is unjust. It
opens the wicket gate for every
villain to go through. John
knows that foreigu creditors are
fighting the preferred creditor
law. He knows there is not a
reputable house abroad that
does not object to sell goods to
a man who may prefer to pay
some one else, and by getting
behind an infamous law pose
as an honest man.
John says:
Go to the reputable wholesale mer-
chants otside the state who do a le-
gitimate business in Texas and they
will tell you that the Texas trade is
as good pay as that of any state in
the country and that they are never
afraid to put the goods out among
the reputable retail merchants in
the state. Go to the reputable mer-
chants in your own town and they
will tell you that they can buy ten
times as many goods on a credit as
they can sell and they will tell you
that they can get credit for a thou-
sand dollars in merchandise for ev-
ery fifty dollars in money they can
borrow to pay freight.
Now you call that argument,
do yon? That is something writ-
ten while yon are thinking, is it?
edge. It is onr opinion that
John Durrett, Esq., will be as
paid in full. A number of prov’s-
ions are inserted designed to prevtnt
long making the readers of the’ the making of fraudulent claims,and
Reporter believe be is correct
on the assignment law as he has
been making them believe he
would make them a good officer.
We are sure the large majority
of our people who, like the
Times, are so grossly ignorant,
are not blind enough to he led
by Mr. Durrett, and are not dis-
honest enough to think he is
right, and are not fools enough
to think it to their advantage
to make laws authorizing ras-
cality. Neither are we all so
ignorant that we will give sanc-
tion to a dead law and main-
tain a living one that posses
all the privileges that are ex-
pressly forbidden by the so
called assignmet law.
Repeal the iniquitous law al-
lowing preferred creditors and
vote for men that favor auch
laws jnst as yon have for John.
[STAND
True to its instincts the Troy
Enterprise says:
Beware of quack nostrums. The
Temple Times is being advertised as
a brain food.
Nostrums are medicies, foods
are not. Brain food of the best
quality is not taken into the
stomach and is intended only
for those who have brains.
Some people feed their brains
on fish apd celery; others on
thought. It depends on the
instincts of the animal. Now,
be careful, brer McBeath, when
you locate your brains, and un-
less your brain is in an un-
healthy condition dont use
nostrums for food for that or-
gan.
Mr. Sam S. Bell has taken
charge of the Holland Progress
again and we gladly restore the
paper to full fellowship. The
Progress had fallen from grace,
bad lost caste and was not
worth an X, but we like the
tone of that Bell and hope to
hear its merry chimes as long
as we publish the Temple
Times.
All the fools dont live in
Temple as evidenced by the
following from the Holland
Progress:
Last week during our feeble ef-
forts to issue the Progress, we failed
to enter into full details in regard to
some personal mentions and this
week received the following written
on a rejected copy of the paper:
“Dont need this—cant support any-
thing that dont support me, or at
least give me justice. Dont want
another issue although it is paid
for.”
The Pendleton Phone, a 6
colnmn folio, patent inside,
fonnd its way to our desk
marked X.
it is also provided that any sale of
property immediately preceding an
assignment for the purpose of pre-
ferring one creditor or of defrauding
others, shall be null and the proper-,
ty so conveyed shall pass into the
keeping of the assignee. But if it
shall appear that the purchaser of
such property bought it in good
faith and with no intention of con-
spiring in fraud, he shall retain the
property.
An inventory of the assets and
liabilities is required to accompany
every assignment, but its absence
shall be deemed only prima tacie evi-
dence that the debtor has concealed
some of his property, and not as
conclusive evidence.
Creditors may demand, or the dis-
trict judge of his own volition may
require an assignor to submit to a
sworn examination relating to the
status of the estate.
An attempt at fraud is made a
felony punishable by not less than
two nor more than five years in the
penitentiary at hard labor.
The verified statement of a cred-
itor shall be prima facie evidence of
the honestv of his claim, though it
will be susceptible of contest at any
time within sixty days.
Claims not due shall, if they bear
no interest, suffer discount for tl e
unexpired term at the legal rate. If
they bear interest they are to I e
treated as if immediately due. The
yalue of collateral security held tor
debt shall be'deducted from the
amount of the claim.
County and district judges are
empowered to remove assignees for
cause.
Assignees are required to pay a
pro rata installment on the claims
when they shall have acquired suffi
cient funds to pay ten per cent of
all the claims.
In casses of attachment or kin-
dred processes a debtor may within
five days make an assignment, which
assignment shall dissolve such prior
process. If in such cases the debtor
refuses or fails to make an assign
ment, it shall be the duty of the
court to appoint a receiver.
Conveyances made or securities
given within four months preceding
an assignment or the appointment
of a receiver, for the purpose of pre-
ferring one creditor, shall be null
and void.
Any confession of judgment for
the purpose of preference is made a
misdemeanor, punishable by a fine
of not more than $1000 and impris-
onment in jail for not more than a
year. Creditors attempting collus-
ion forfeit all claim.
Fisher’s bill relating to chattel
mortgages and deeds ot trust is in
the nature ot a supplementary act
designed to close that means of es-
cape from the general assignment
law.
This section by the committee is
generally a surprise, as it was
thought it would insist on some
modified form of the preference feat-
ure, and it consequently rather de-
preciates the value of recent fore-
casts that the house will not agree
to the absolute abrogation of the
preference privilege. It does not de-
prive them of all value, however, for
it is still believed the house will in-
sist on a modified retention of the
preference privilege.
3’LL.
w
nothing
BUTTHE
CFMlIINr
*****!
You will find out coupon
lnilde each two ounoe bag
and two coupom lnilde each
four ounce bagof Black well’!
Durham. Buy a bag of this
celebrated tobacco and read
the coupon—which give# a
list of valuable preienta and
how to get them.
mi
m
1.
vlfl
Pianos
—AND-
JE Sb E m . MOV ER
TL MPI. t. . TEXAS.
Organs
At Cost.
(Meaning what they cost me, not
what they cost you when ou
buy), till January 15, to make
room for manufacturing my String Band Piano Attachment,
V 1
Ten Pianos For Rent.
I haye quit selling Pianos and Organs on installments, but if you
wish to buy for casn, I will duplicate any prices you can obtain from
manufacturers, with my personal guarantee in Temple, Texas. If you
comtemplate purchasing or renting, I would be pleased to have you ex-
amine my stock.
BELL COUNTY LUMBER CO.
Not
Incorporated
E. A. VISSER, Mgr
: /
successor,^ q areyLombard Lumber Co.
We have the best grades and largestjassortment of strictly
Long Leaf Yellow Pine Lumber
in the County. Best All-Heart Shingles.
White Pine Windows, Doors,Blinds, Mouldings
Everything in stock is the best that can be bought and
this statement is guaranteed The only strictly • Long-T
stock in Bell County
The Old Stand, 12th St. next to Santa Fe Freght Depot.
TEMPLE.
TEXAS
Still At It!
Selling Groceries and Feed Stuff at the same
old stand. Why are we still here? Because we please
our customers—treat them fair and square and make
their interest our interest. Want to make a change in
your groceryman? We dont wonder at it- Come ’round
and let us figure with you on a bill, you will then see
how we do business, and save money for yourself.
BLAC K :: BROS.
Reliable Grocers, 10th Street.
are false. No reasonable per- :-- — -—-—©>.....
son ever says the gambling [There are men in every town,
laws are wrong, but all good j possibly, who could do so, but
people say they are rottenly ad- j they are men who are known to
ministered. "When the Re-! be prudent, well supplied with
porter lays down the proposi- money and business ability,
tion tbat a law that makes it
possible for a man to go into
yoluntary assignment, select
his own assignee, and prefer just
such creditors as he may choose
is not an unjuBt law, is not dis-
honest, is not infamous nor
firought with evil, it is ready to
LiY DOWN the decalogue also.
We do not propose to enter in-
and even they could not do so
if they would let the wholesale
houses know they were buying
such a stock. It is a notorious
fact, known to all business men,
that Texas pays more for her
goods than any other state in
the union. If John Durrett
don’t know it, its because he is
overcrowded with legal knowl-
Will be Asked to Abolish It.
Austin, Texas, Feb. 5.—Judiciary
committee No. 1 will ask the house
to abolish entirely the preference
feature of the Texas assignment law.
That committee decided this after-
noon to report favorably the gener-
al assignment bill of Evans of Hunt,
and also Fisher’s bill to prohibit the
giving of a mortgage on a stock of
goods exhibited for sale. This bill
proposes to amend the chattel mort-
gage act so as to make this method
of preferring creditors impossible.
The vote by which this section was
taken was 8 to 4. All other bills o n
the subject, including Tracey’s bill
to make fraudulent preferences a
penal offense, were killed.
Evans’ general assignment bill is
identically the one presented in the
last legislature. Its most conspicu-
ous feature is that it prohibits pref-
erences of all kinds. Another feat-
ure is that if a debtor shall be able
to pay 331 -3 per cent of the claims
of those creditors accepting the as-
signment he shall be discharged
from all further liability. Those
creditors accepting the assignment
are to be paid prorata with the
amounts of their claims. Those re-
fusing to accept the ass’gnment are
estopped from any claims until all
, of the other claims shall have been
From Cyclone.
As I don’t see anything in vour
newsy Daper from our little town
thought I would send up a few
items.
We farmers down here are freez-
ing to business this week.
M. C. Cummings and wife are vis
iting relatives at Belfalls this week
Dr. Rodgers is the champion hire
killer of Cyclone. He kills them on
the wing, tail or head.
W. W. C.ark went to Temple Fri-1
day after a load of coal for his shop.
Ed Bishop is all smiles since his
best girl came over from Rosebud.
Misses Ida Cummings and Burdett
Clark have had a nice time ever
since Xmas riding their old gray
horse thet old Santa Claus brought
them.
A. J. McClure, an old citizen of
this vicinity, died the 26th inst. He
has lived here for many years and
has many friends. Lagrippe was
the cause of his death. He was
buried in Barclay cemetery.
Farmer.
J. Z. MILLED, S, K.Belton
W.K. HALL
J. Z. MILLER, JB,Bllt
MM &
33 A.ITKZIEI2.S.
_jWs Solioit Deposits, it.
Small or Large, from the Farmers. Mechanics, Merchants and Everybody
Loans made on Approved Security.
F. F. Downs, President. Geo. E. willcox, Vice President
P. L. Downs, Cashier,
First National Bank,
OF TEMPI-E
Working Capital $150)
Deposits - - $300,000.
The Oldest, Strongest and most
reliable Fire, Tornado, Accident or
Life Insurance companies are repre-
sented by Moore & Pratt. tf
-DIRECTORS
Geo E. Willoox, J. B. Nunnelev. J. G. Childers Otto K. Burwit*
F F. Downs, M. M. McCelvey P. L. Downs.
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Crow, J. D. The Temple Times. (Temple, Tex.), Vol. 16, No. 11, Ed. 1 Friday, February 12, 1897, newspaper, February 12, 1897; (https://texashistory.unt.edu/ark:/67531/metapth585206/m1/6/: accessed June 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Abilene Library Consortium.