The Montgomery advertiser., 1905-07-01

where the employment was not of an | unhealthy or deleterious. or immoral character. The statute was held to bo Alabama Contract Law.
 Last. but not least" said Judge Judd. 'comes the decision of the su. Foney vs. State. decided July e1, 1904. It is a fact complimentary to the Su- preme Court of Alabama. that its de- cisions are cited in syerk & text pook d hn m | every Court in the land, State and Federal, so that its decision upon this subject is entitled to great respect. | The State of Alabama passed a law. known as the Act or March l. 1901. whereby it was made a penal onence
 writing to labor for any given time. | or who had leased land for any given time or who had contracted with the party furnishing. lands. either to fur
 tivate the lands, to afterwards. and
 withou. the consent of the other party. and without sufficient excuse, leave such other party. or abandon the leased
 premises or land. or to take employ | ment of q similar nature with another.
 without giving him notice of the prior | contract.
 '"rhe Supreme Court held this statute
 void, as contrary to the first section
 Of the Fourteenth Amendment; and
 from the ease 9f Aigeyer ,oi 1s l
 "The liberty mentioned in the
 amendment, means not only the right
 of the citizen to be free. from the mere physical restraint of his person, as by | incarceration. but the term is deemed | to embrace the right of the citizen to
 ulties: to be free to use them in all lawful ways: to live and work where | he will; to earn a livelihood by. any
 lawful calling to sor tbe any l to enter into all contracts which may | be proper. necessary, and essential to his carrying out to successful ,on con aG Speaking for itself. the Supreme Court of Alabama. in its opinion. said:
 ".The act in question prohibits the tracts ofSthe, kind he may have aban- native conditions. The first of these
 pioye, or the landlord in the case of the renter could, by withholding his consent. render unavaflabie; the sec ond-,the existence of & an excuse GU t, TOT aore tne could never be known to be avail able except at the risk of. and at the end of, criminal prosecution; the isting contract-would tend to prevent the making of similar contract with a new employer or landlord. and this for reasons which are obvious, If re- gard be had to the risk of prosecution, to which such new employer or landlord would be subject, under another act In pari materia with his. and approved on the day before the approval of this act.
 "The Court further said:
 Because of the restrictions 1t pur- ports to place on the right to make contracts for employment. and concern ing the use and cultivation of land. this act is wholly invalid
 Tt thus transpires that by the de- riSinnS tho Federal COultS-and those of the State courts as well could be cited without number to the same effect-that it Is now almost univer- Fourteenth Amendment not only ere ated q citizenship of the United States, | but that whatever may be the differ munities of each and both. whatever l they may be. are equally and alike pro- tected by this amendment, and further l that no person, whether he be a citi- gen or not.-but perhaps a member of | the excluded and despised Mongolian race,--can be deprived of life. liberty, or property, without due process of law. or denied the equal protection of | the laws by any State.
 Power to Protect Citizens. "No government can be strong that | has not the power to protect it's citi- | zens and defend and preserve their lib- critics. The experience of mankind has | shown that an attempt to strengthen
 the central government has in the past TeSulteu III tHt o1 tue llD- ] critics of the people, and that, on the | other hand. wherever and whenever the | central government has become weak. 1 anarchy has resulted.
 Prior to the history of the Anglo | Saxon race. no people ever exhibited the capacity fer self-government as did the Romans. The Roman govern ment in its conception and growth was | q government of law; the central gov ernment, as well as the people. was hedged about by constitutional law, and
 1t could only proceed by law. but the the enactment of law the initiative. the vote, was with the people, from which it resulted that In the days of the re- public the power of government was in an urban community. t".-' 50 long as the government was in the hands of responsible citizen ship. the liberties of the people were fairly protected; but when the Gracchi installed the Proletariate at the ballot box Rome with all her aspirations was plunged into a vortex of anarchy. from which the only portal of escape was government of Empire. --::