The Birmingham age-herald., 1905-02-26

maintained it will De the states Red Letter year.
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 Peonage Before the Supreme Court. A federal grand jury that recently sat at Montgomery returned sixteen indictments for peonage. In those in- dictments the color line was disre- garded Negroes held negroes in peonage, and white men held white men. White men held negroes in bondage, but no negro was able to hold white man in 2 state of peon- age.
 The indictments found at Montgom- cry will largely depend upon de- cison in the Clyatt case 500 to be rendered in the United States SUI preme court. The case has been argued, and a decision will doubtless soon be rendered.
 Clyatt lives at Waterloo, Ga, and he went to the house of James R. Dean, In Levy county, Florida, where he found two negroes indebted to him. He took them ava. by force, carrying them to his turpentine farm, where he compelled them to labor for him. Clyatt was tried under the act of March g. 1867, which abolished the old Spanish system of peonage in New Mexico. The statute, however, abolishes peorage everywhere in this country, making it an offense punish able by fine or Imprisonment to ar rest or return a person so that he ma7 l continued in a state of peou- age. Clyatt was indicted, tried and sentenced to serve four years in prison. His apr aal from that sentence is now before the United States su- preme court.
 Attorney General Moody took a deep interest in the Clyatt case, and he argued it himself in the supreme court, but he did .ot depend so much upon the act of March 1867 as he did upon the thirteenth amendment, winch forbids slavery or involuntary servitude in the United States. Mr. Moody contended before the supreme court, first, that the prohibition of slavery and involuntary servitude is effective gainst the individual with in the state; second, that a condition of service, however entered on. which becomes involuntary and distasteful cannot be continued by force, either that of tho individual or of the com munity. Said MT. Moody:
 "When I reflect upon the fact that this amendment extends whereever the juris- diction of the United States extends, I am appalled, by the consequence of such an interpretation. l can already hear whispers in this Capitol of those who are interested, that the sugar fields of Hawai- cannot be worked profitably un- der a system of absolutely free labor; that the Filiplnos will not work their own land and that other Kinds of labor. under other systems than that of free labor, are needed for the proper development of the archipelago. If a servitude which becomes Involuntary in fact is not invol- untary within the meaning of the thir- teenth amendment, because it had it's origin in contract freely made between the parties, then there comes the possi- bities of cooleism and peonage which would be but slavery under another name The country has hitherto rested in se- curity in the belief that this great char ter of freedom has forever forbidden in- voluntary servitude under any flame or in any form everywhere within the ju- risdlction of the United States"
 The decision in the Clyatt case will be awaited with interest, because ii will construe the law of 1867 as well as the thirteenth amendment, and the entire subject of peonage will nc doubt be discussed by the court and probably fully defined.