The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-05-23

"But there is another and more dane
gcrous result to Doe feared as cousc-
uucucc of the practice of this system
than the individual harm which may
Doe suffered by those who are held to
such service, and that is its effect ON
free labor. Experience has shown that
free labor is at o. discount when con-
froutod with amy form of slave sys-
tenn That free labor cannot compete
with the peouage system any more
than it can with the Chinese coolie sys-
tenn is not open to dispute.
THAT free people would not let go
uuvhipped of justice those who thus
seek to violate the universal rule of
freedom which they have established
who would doubt Wherever such vio-
latous come to light, the punishment
that the law supplies is now being used
TO wipe out the evil and to protect free
labor against the fatal results of its
practice.
THE efforts which the national gov
ernmeEt is thus making to eradicate
the evil through the courts and the de-
termned stand which the Attorney
General has taken to push the prosecu-
ton of those who violate these laws,
i'm view of the recent decision of the
Supreme Court i'm the case of Clyatt
against the United States, must prove
productive of wholesome results. This
case was argued by Mr.. Moody i'm per
son, in December last. and with what
effect is shown by the decision of that
one Clyatt manager of the firm of
Clyatt & Tiff. manufacturers of tur-
pentne i'm Georgia. had gone into Flo
rda and by force taken into his Gus
tody two negroes named Gordon and
Ridley and brought them back to Geor-
gia to work out a debt which he claim
ed the negroes owed him. The evidence
adduced at the trial showed that the
amounts which the negroes owed
Clayatt We're about $40 for one and IS
for the other; that these amounts the
person i'm whose employ the negroes
were found by Clayatt offered to pay
him. which he refused on the ground
that he wished to take them back to
Georgia and make an example of them.
Clayatt was convicted i'm the United
States court for northern Georgia of
the crime of having returned these ne
groes to a condition of peonage i'm Vio-
lation of section 5526 of the Revised
Statutes of the United States and sem
fenced to confinement at hard labor for
a period of four years in the federal
penitentiary at Atlanta, Ga. He took
an appeal to the United States circuit
court of appeals for the fifth circuit,
which court certified to the Supreme
court for its instruction the questions
of law presented by the arguments,
where the case, as before stated, was
presented to the court by the Attorney
General personally.
THE opinion Of the court in this case
is of great moment. With the possible
exception of one or two cases, no case
decided by that court within recent
years involved graver considerations
than were presented by the questions
certified BY the court below. And al
though the court remanded the case for
further proceedings because, i'm its OPT
Mon. there was not sufficient evidence
to show that the maltreated negroes had
been i'm a condition of peonage prior to
the time that they were alleged to have
been returned thereto (and therefore
the charge of returning them could not
be sustaineO, yet the great principles
for which the Attorney General so ably
contended have been upheld.
THE Interpretation, scope and effect
of the thirteenth amendment, as well
as the constitutonality of the laws
passed by Congress in pursuance Of