The Montgomery advertiser., 1903-06-16
PEoNAGE.

Elsewhere The Advertiser publishes a very interesting and able opinion deliver ed in the United States Circuit Court by Judge Jones yesterday, in answer to number of questions, upon which the opening sentences, is found the first au- thoritative official utterance, regarding the extent of peonage here, which has been so grossly exaggerated abroad, since these investigations began. The law has been violated in two localities. involving about a score of offenders" This utter- ance from the judge of the court, ought to end the repeated congregations, which have been constantly made abroad, to the effect that the State is honey-combed with peonage.
 ma opinIol gives quite an interesting history or peonage. as 1t existed in New Mexico. as glinst which system the act Of Congress was levelled, taking in also in it's prohibition all other States ana Ter ritOries. 1t defines at considerable length what constitutes peonage, and advises as to the various practices Inquired about, which bring q man, to whom another con tracts to render personal service, within the condemnation of the law. The court declares the labor fws of March lst. 1901. which, In substance prevent a laborer or ons crltiyatlnS crops on shares, from getting employmcnt elsewhere, without the consen. ol the landlord, without teli- inS the next per son he has broken a con iraGi, anu puIiishng that person if he does enploy nim without employers con ssnt-InIringeS the constitution both or the State and the United States. It holds tho law amounts to punishment for debc, invidious class legislation against laborers and renters, and also a denial to them of the equal protection of the law, under the Fourteenth Amendment, and that persons convicted or prosecuted for its violation are entitled to writs of nabeus corpus.
 or false preIense statute, winch punisnes any enc who obtains supplies, from a person under a contract, with intent 10 defraud. etc., If he quits, with that intent, without refunding the money, etc, is held to Oe valid and constitutional Men who confess judgment with sureues, on conviction, if contract in writing is signed in open court, and approved by the judge in writing, may be detained in service. as they are punished for crime of which they are duly convicted. If such contracts are not made. the sureties can not detain, them at labor, against their will and If they do, are guilty of peonage. The court also holds that magistrates and judges, who in honest error or mistake, pass improper sentences or under the unconstitutional law, are not liable for causing the persons to be held in peonage, because they are sen- fenced under void judgments; but other wise if they nave conspired or acted cor ruptly in putting men to hard labor.
 The law oc March 1st, 1901, Is a bad ens and the Legislature would do Q wise thing when 1t meets in September, to re- peal 1t. As construed by Judge Jones men who operate under it are liable to go to the penitentiary. It is well to re- call the fact that for twenty-five years efforts were unsuccessfully made in dif- Eerent legislatures to enact a law similar to this one, and not until two years ago, Gsa lt get on the statute book. The z~snar at gets or the better.