The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-05-02
Petition for Rehearing
in u. S. Supreme
Court.
Judge Mcguire and J. II. Raj
StOn Represent the
Appellants.
Strong Argument as to the Mean.
ing of Voluntary and 1nvol-
untary Servltude.


United States Supreme Court to-day
Judge Mcguire and J. H. Ralston, attor-
neys for appellants. filed petition for
a rehearing in the cele Arago case,
on appeal from Judge Morrows decision
in the District Court for the Northern
California district. They also ask for
| recall OF mandate.
This is the case of Robert Robertson VS..
Barry Baldwin ct al.
Judge Morrow denied the application
for writ Of habeas corpus in the case OF
Rober son and three other seamen, VINO
were held for failure to perform certain
duties, on the ground that the term 'invol-
untary seryitude" did not apply to cases
where the contracts were entered into
willingly by both parties.
Robertson's attorneys, in their petition
and argument, drew many comparisons
between The holding OF the court and the
fugitive slave cases.
Messrs. Mcguire and Ralston in their
brief presented to the court to-day declare
that the construction given to the thlr-
tenth amendment to the constitution OF
the United States, and particularly to the
term ''involuntary servitude" as used
therein, in the decision rendered by the
court is of great i'm portance 10 the people
of the United States generally, and very
mate rally affects the liberties and rights
not only of these appellants, but also of
great mum bers of such citiZ, MS other than
the appellants.
The argument in favor of the position
that servitude under contract volun-
tarily made can never become legally in
voluntary under the terms of the thir-
tenth amendment, is that contrary
construction would be destructive of the
merchant marine service, because in that
service it is necessary that sailors be
| bound to serve upon the ships to which
they are ariicled for the voyage, or other
term for which they contract, and that in
this respect the merchant marine service
is and ever has been essentially different
from all other private employments.
I'VE cannot they say, ''concede that
| even the truth OF that assumption would
| Justify or permit construction denying
the protection 10 American sailors that is
| guaranteed to all citizens by any pro-
vision OF the constitution, but the assump-
| ton is without foundation. II the con-
struction given by the court to the thir-
tenth amendment be adhered tosthere
| Is great danger that designing per-
sons not sufficiently regarding the sacred
rig bit of their fellow. citizens to liberty and
the pursuit of happiness, may take ad-
vantage of their pecuniary distress and
difficulties to reduce them to q condition
of slavery under the form of contracts to
labor, and in this behalf it is matter of
common knowledge that thousands of i'm
poverished citizens at all times and mil
lions OF citizens in periods of industrial
depression, being landiess and there fore
without means Of independent self-sup-
port, can be readily induced by reason of
their helplessness and the overwhelming
pressure of their inability otherwise
| to procure the common necessaries
of life, to sign away their liberties, Ell her
| for life or fixed terms, precisely as these
| appellants, under pressure of that very
privation, were obliged to enter into the
| contract Tor servitude, the rigors and un-
| endura bic hardships Of which they sought
| to escape by fleeing from the immediate
control of their masters to the soil of the
free State of Oregon.
Indeed. it is alarming to contemplate
the extent TO which contract slavery may
be forced upon the landless laborers of tn 6
country white as we'll as black, by mere
concert of action, prompted by the plain
est inducements of self-interest on the
part of employers, to exclude such land
less and therefore helpless and dependent
laborers from employment until they shall
be com PEELED by their privations to sign
such contracts for personal seivitude as
will bind them for life or for long terms
to the contract and dominion of individ.
nal masters