The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1897-03-24
Tie New Labor Law.

Mr.. Editor: Mr.. "Justice,' by his COM
munication in TIE local press, including
the INTELLIGENCER, is disposed to criti-
else and condemn "the new labor law
enacted by the General Assembly at its
late session. He proceeds in serious
mood to point out its defects, and finds
one defect only-one fatal omission, he
seems to think. This defect, as he calls it,
is indicated in the amendments which he
suggests. "Let the imprisonment" he
demands, "be in labor to the State or
County sufficient to pay costs OF suit ana
also the debt" due the employer with
whom the offender has contracted. There
is an old mandate still in our Constitu-
ton, very literally construed by the
Courts, which roads, mo person shall be
imprisoned for debt," and unfortunately
for "Justice's'' proposed amendment it
strikes this snag which neither he nor the
South Carolina Legislature can remove.
If this did not work he further proposes
that thu fine imposed be made large
enough to pay costs, and also the deb: and
damage due the employer. This would be
equally as fruitless as the other. Wnat
can be accomplished by imposing heavy
fines on offenders who have nothing with
which to pay? The result in the adoption
of either proposition would be to nullify
this Act and set the prisoners free.
AS the author of the bill, which resulted
in the passage of this new labor law"
mainly contemplated securing law that
would enable employers to prosecute vlo-
lations of vcrbuL as we'll as written con
tracts for labor on farm lands. In this
succeeded. The old labor law only ap-
plies to written contracts. l did not sue
ceed, though the effort was made, in hav,,
ing the maximum penalty in this new Act
increased, but did succeed in having the
minimum penalty made much severer
than that of the existing law. The old
labor Act still stands in force, and only
applies to acritten contracts. A majority
of the General Assembly, especially the
farmer members, preferred to retain these
labor cases within the jurisdiction OF the
Magistrates Court, and with very good
reasons, must admit. 10 have increased
the maximum penalty or to incorporate
Justices" ideas, if they were admissible,
would have carried the offenders to the
Court of Sessions. This, the General AS
sembly did not see fit to do. The matter
of receiving advances was inserted IN
the Bill, as it aggravated the otfense and
would assist in securing the insertion OF
the word "verbal" in the Act. Scarcely.
laborer can be found on farm lands work
luH lOl Wages VI palU oA VIC SAoPi "-o
not receive advances to some extent, either
from the employer, merchant or neighboIr
The Act does not prescribe that he shall
receive the advances from the employer
only. If the advances are obtained from
any one, in any sum, and the party Ylo'
lated the verbal or written contract to
labor on farm lands, be is liable to prose-
cution for misdemeanor under this now
law.
Justice" proposes an amendment to
this Act embodying too very plausible
propositions, not new, nor so very bad.
nor without the color OF justice, honestly
set forth, am sure; yet, it is too plain
that either or both would nullify the law
they undertake to strengthen.
1.-The new law" is unquestionably an
improvement on the old-not all that we
would ask-but about as good IS We can
now get So let me urge that all concern.
ed stndy it, and make the best of it. 1t is
useless to drive the Legislature into the
teeth of the Constitution to be snapped up
and bit off, and it is vain for "Justice' or
any one e.se to appeal to the General AS.
sembly for authority or power to draw
blood out of turnips.
JAS. NJ. SULLIVAN.