The Birmingham age-herald., 1903-06-20
COOPER DISCUSSES PEONAGE QUESTION President of Bar Assn Takes Issue With Judge Jones FULL HISTORY OF THE LAW He Makes the Point That Unless Grim. lnaI Intent on the Part of the 40
 cused Is Proved He Has
 Not Violated Law.
FULL HISTORY OF THE LAW

Montgomery, June 19.-(Spec1al. )--ln ms address before the Alabama State Bar association today President Lawrence Cooper made interesting reference to the much-talked-sbout peonage cases in Ala bama, and he rather takes issue with United States Judge Jones as to exis- tence of 'peonage" in the state Referring to the matter he said:
 "A condition of affairs which has been said to exist in Alabama. akin to servi- tude, has been Haunted throughout the country. What awful thing is 1t, of which Alabamians are charged criminals? The offense is advertised as an offense prevail ing, and not as acts It Is called peonage, and It's existence is announced as start ling crime against humanity and In vio- lation of the thirteenth amendment to the constitution.
 Obedience 10 Law.
 obedience to the law IS the highest degree of patriotism. Personal liberty is cherished by every Alabamian and in it's maintenance the horrors of war arose, and wrought destruction everywhere. ASW JCl ICAtciAA tO t0Al AiCH AAANAh SSN~.A died upon the field the sufferings they endured, the sacrifices they made. the black pail of bankruptcy and desoiation following as a wake-all for the sake of personal liberty, as they conceived 1t. This spirit lives in the present generation, and we are slow to accept any statement of an existing vassalage.
 .-f., missi6e for an inhabitant to pledge his time and labor as security for the full fllment of an obligation whereby he was furnished with life and sustenance It was a voluntary contract. Through It's terms the person provided with means of living. and as the burden debt increased the tenure of contract coqtinued. A man of wealth providing for large number of the poorer classes soon found that he had retinue of peons following his com mand and the odium of the custom arose from the contractural system. In the case of Mariana Jaremello vs. Jose de Le Cruz Romero, I. Gildersleeves (New Mex ico) Reports, Judge Bendicta, learned statement of the system appears.
 Thirteenth Amendment
 "The thirteenth amendment was de- clared ratified December IS, 1865, thereby abolishing slavery in the United States. The practice prevailing in New Mexico was brought to the attention of congress and on the second day of March, 1884, section 199 of the revised statutes was en- acted abolishing the system, which only existed in New Mexico
 ..The fact that 1t was made to apply to every state and territory was to make the statute a general law. This Is mani feet from the reading of the following section in connection with section 1891, providing that every person in the mill tary or civil service in the territory or New Mexico shall ah in the enforce ment of the statute This requirement of aid is limited by It's terms to New Mexico.
 Politics Play Part.
 "Political disorders discover readily every movement which may be the sub feet of disapproval. The occasion was ripe for this discovery, when the con- stitution in 1901 became operative prac- tically obliterating the negro from the political arena. The statute, known as the criminal contract law approved March 6, 1901, has been interpreted to mean kinship to New Mexico and peon- age A system of surveillance has been established entailing heavy moneyed expenditure. The result Is, that 1t Is claimed that the Alabama statute is unconstitutional, and therefore parties op- erating under 1t, are indictable under section 5526 of the revised statutes, provid- ing punishment for the practice of peon- age
 Intent of Act Is Clear.
 The intent of the act of 1901 is clear to every one acquainted with the tenant sys- tenn. As rule, altogether Irresponsible do we find the tenant. and dependent upon the landlord for maintenance pending the growing Hop. The landlord furnishing supplies, we must admit. is entitled to protection against the improvident tenant, who abandons the crop.
 Unless there is some restraining power the crop is uncultivated and the landlord lcses the value of his supplies. No ques- tion would arise as to the validity of the statute providing for punishment of those who procured supplies from the landlord with intent to defraud. The difficulty of showing this intent independent of the act of abandonment Is apparent If the criminal intent is not affirmatively shown such a statute would not be violated. The loss to the landlord is irreparable and ruin confronts him unless he can protect himself against the perfidy or carelessness of the tenant. Dependent as he Is upon the landlord. Is there any sound reason why the tenant should not perform his contract? Under a proper administration of such law no conflict should arise
 The abuse of the law, however. should not be tolerated and under no condition should 1t serve as cloak of oppression.
 Concluding on this subject MT. Cooper said:
 "It is suggested that a method of pro- tection be offered the landlord other than the statutes, which provide discuss sinns and bring intn ca antioua reYieH the