The Birmingham age-herald., 1903-06-16
GIVES OPINION IN ANSWER
 ID GRAND JURYS REQUEST
He Holds That All Persons Who Att tempt to Force Man to Work Out
 Fine or Debt Is Liable to indictment.

Montgomery, June 4o.-NopecidLJ-1A AC Alabama criminal contract law was de- clared unconstitutional by Judge Thomas G. Jones of the United States Circuit court today, in an opinion rendered, be- fore the federal grand jury.
 The grand jury has for several weeks been Investigating the question of peon- age in Alabama, and a few days ago they asked Judge Jones for an opinion on the constitationality of the Alabama labor contrstt, which makes 1t misdemesnor for tte laborer to leave a contract and work for another without the consent of first contractor.
 He holds that all persons who attempt to force a person to work out a fine or debt by coercion or imprisonment are liable to indictment
 The result of this decision may mean the wholesale indictment of persons whc have confessed judgment Tor persons con yicted in the lower courts, and contracted with the prisoner to work out the fine.
 The Opinion.
 In the beginning of the opinion he said: "Gentemen of the Grand Jury:
 Pressure of other official duties has prevented earlier response to the ques- tions upon which you desire the opinion of the court. For some time you have been inqtlring as to alleged violations of the stattajts against peonage and invol- untary servitude. Breaches of these laws Involve the peace, good order, and honor, alike of the state and of the United States. They are matters of gravest con- cern to every citizen. While it is a matter of much regret that these laws have been violated in a few localities, involving a score or more of such offenses, and the sustaining power of public opinion in this state, will tighten your labors in the eff fort to probe this evil to the core The importance of the questions discussed seem to make it proper that l shall an- swer you in writing at length.
 After a lengthy history of peonage and It's relations to involuntary servitude, the opinion went further in saying:
 Guilty of Peonaee.
 "A person who hires another and in duces him to sign a contract that he will agree during it's term to being imprisoned or kept under guard, and under claim of such a right afterwards hold the party to the performance of the contract by threats or punishment, subduing his free will when he desires to abandon 1t, Is guilty of holding such person to con- dition of peonage.
 "A person who falsely pretends to an- Ather that he Is accused of crime and of fers his good offices to prevent his con- viction, If he will pay sum of money thereby to satisfy the prosecutor, and thus induces such party to sign con- tract obligating himself to work to re- lmburse the amount paid out or pretended to be paid out for this purpose, or to pay any other sum on this account whereby such person agrees to serve him or labor for him, and to submit to restraint and deprivation of liberty while he is per- forming the contract, Is guilty of caus- Ing such person to be held or holding him in a condition of peonage, if such person, believing 1t Is necessary to avoid !. conviction, enters upon the performance of the contract, and is then compelled to f fsfnain and perform It, though he desires to leave 1t, by threats or punishment subduing his freedom of will, the person who makes such a contract with the la borer that another may get the benefit of his enforced labor or the person who becomes his custodian and enforces the ' performance of the contract if the de- ceived person is compelled to labor against his will, is guilty under the stat nte
 Magistrate Guilty.
 If one person carries another before a magistrate, informing him that he Is ac- rused of crime and the magistrate induces he accused being of weak mind, or of little intelligence, or confiding to believe That he is being prosecuted in the court. and that he has been sentenced to hard labor for a fine and that the party bring Ing him before the court has confessed Judgment for the fine in conseuuence of which, the person believing himself law fully sentenced to hard labor for the fine, submits to restraint and his will Is sub nued by reason of fraud and the official character of the person before whom he is brought because he believes himself to be a convict and restrained by the power which the law gives to hirer or surety over convicts and he enters upon the service and works on the contract against his will, the persons so concerned, are guilty of causing the accused to be held In condition of peonage. though no war rant issued, no offense in fact was charged, no judgment was rendered. and tthe person who carried him before the magistrate is only private citizen. Amy person who falsely accuses an- other of crime, and carries him before a magistrate in order that he may be con- yieted and put to hard labor; in conse- uuence of which such person Is convicted md put to hard labor, such person at the time having the design and purpose to alre such person. or to enable some other person to hire him, is guilty. under sec lion 5525 of the Revised Statute of the United States of carrying away any other person, with the intent that such other person by sold into involuntarily servi- ude.'
 ' Another Case.
 If two or more persons conspire or ombine to do this they are guilty of conspiracy to deprive the person, If he