The Montgomery advertiser., 1903-06-16
He Holds That Choppers and Renters Law of Alabama is Unconstitutional and Makes Inter-
 eSting State-
 mentS.

In pursuance of a request from the
 Federal Grand Jury. which is investigat- ! ing the alleged practice of peonage in Alabama, Judge Thomas G. Jones of the
 United States Circuit Court yesterday de-
 livered an interesting opinion on the con-
 tract laws of Alabama, and all laws un-
 der which men may be compelled to per
 form personal service against their will. | Judge Jones holds in brief that except | ip case of parent and child, master and ! apprentice and persons duly convicted of l crime in the courts, no one can be com pelled to perform personal service of any l kind by restraint or force, against his
 will. and that if they are so held, the holder or persons causing him to be held are guilty of peonage.
 It is further held that the croppers and | renters law of Alabama, from which over third of the | counties are excepted, is unconstitu- tional as enforcing a penalty for debt, making odious class discrimination, and denying renters and laborers equal pro- tection of the law. He holds that judges and magistrates are not liable for errors in sentencing persons under this law un- less they acted in conspiracy. It will be recalled by many persons that when Judge Jones was Speaker Of the Alabama House of Representatives sitxeen years ago he defeated just such legislation as he yesterday declared un- constitutional.
 The grand jury came into court at 12 o'clock and Judge Jones read the opinion from the bench, after which the jury retired and continued its work adjourn ing until today without returning any additional indictments.
 The complete opinion of Judge Jones IS as follows:
 Gentlemen of the Grand Jury:
 Pressure of other official duties has prevented earlier response to the ques- tions, upon which you desire the opin- ion of the court. For some time, you have been inquiring as to alleged vio- lations of the statutes against peonage and involuntary. 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 concern to every citizen. While 1t is a matter of much regret that these laws have been violated in two localities, involving about a score of offenders, yet, 1t must, nevertheless. be a pleasing re- f1ection to you in the discharge of your duties, that the abhorrence of our people for such offenses, and the sustaining pow CT of public opinion in this State, will Tighten your labors in the effort to probe this evil to the core, The importance or the questions asked induces the court to make written answer and at length.
 NTT. ha n Caf peonage. The statutes upon the subject are as follows:
 "Section 1890, The holding of any person to service or labor under the system known as peonage, is abolished in the Territory of New Mexico. or shy other Territory or State of the United States; and all acts. laws, resolutions, orders, regula tions or usages of the Territory of New Mexico or of any other Territory or State, which has heretofore established. maintained or enforced, or by virtue of which any attempt shall hereafter be made to establish. maintain or enforce. directly or indirectly. the voluntary or involuntary services or labor of any per sons as peons in liquidation of any debt or obligation, or otherwise, are declared pull and void.
 Section 5526. Every person who holds, arrests, returns or causes to he held, ar- rested or returned, or In any lrsnner aids In the arrest or return of any person to condition of peonage, shall be pun ished by a fine of not less than one thousand nor more than five thousand dollars. or by imprisonment for not less than one year or more than five years, or both."
 What Peonage Is.
 What is meant by hol1ing or returning
 nerr.f'
 At the time of the passage If i".S Act of Congress. a system ,e service popu- larly called peonage. though not so te' m- ed in the laws of the Territory Cf New Mexico, which spoke of the relation as that of master and servant. was in force there. It derived the institution from Mexico, which. in turn, inherited 1t from Spain. Peonage was not slavery. as IL existed in this country up to the close of the Civil War. The peon was not slave He was a freeman, with political. as we'll as civil rights. He entered into the relation from choice, as the result of mutual contract. The relation was not confined to any race. The child of peon did not become a peon. and the father could not contract away the services of the child, except in rare cases. The peon, male or female. agreed with the master upon the nature of the service, the length of its duration. and compensation. The peon then became bound to the master "for' an indebtedness founded upon an advancement in consideration of ser vice" The servant could not abandon the contract during the term. except by some sufficient motive given by one party to the other, such as having griev- ouslv injured him, or where the master kept the account in an ambiguous man. ner, so that the servant could not under stand" In these cases the contract could be rescinded by paying the amount due motive should be proven. the contract must be compiled with. and the judge or court would order it carried into effect, by imposing upon the party failing to comply with the contract. and who shall persevere In doing so, that he should in- demnify the other party for the injury re- sulting therefrom, and all resistance was punished by a fine or imprisonment as the gravity of the circumstances and re- sistance may require" If the servant refused to comply, and owed any money to the master, and he refused and could not pay it, the court would compel him to pay the principal and interest to the other, and might order the sheriff to contract the services of the peon. to the highest bidder. The same proceedings could be had against the master, when the master owed the servant any money for services rendered and refused to pay him.
 This is a bare outline of the system in force in New Mexico at the time Con- greSs annulled if and nrOhihited any like