The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-09-24
OPINION QUOTED
WITH APPROVAL
Judge Clark on State
Peonage Laws.
HOLDS THEM INVALID
Kentucky Has Similar 10
Those of North Carolina In the
Matter of Railway Rates
Hiliyer Qualities as an
Expert Accountant.
BY THOMAS j. PENCE.

Washington, d. c., Sept. 19.-Thc
Department Of Justice is highly pleas
ed with a recent opinion rendered by
Chief Justice Walter Clark, of the Su-
preme Court of North Carolina, who,
in concurring in a decision in a peon-
age case. went practically out OF his
way to declare the State statutes I'M
der which the action was prosecuted
unconstitutional. According to lnfor-
nation received at the Department OF
Justice. the North Carolina statutes
are almost identical with those of half
a dozen Southern States, and it is DV
attacking their constitutionality that
the Federal government has been
bringing actions in Florida, Georgia,
Alabama, Louisiana and Arkansas
with the view of breaking up peonage.
Assistant Attorney General Russell,
who has nad charge of all the prose-
cutions. said today after reading the
concurring opinion rendered by Chief
Justice Clark in the North Carolina
case;
This Indictment is under a statute
which provides that, if any tenant or
cropper shall procure advances from
a landlord to enabl him to make a
crop on the land rented TO him, and
then Wilfully abandon the same withz
out good cause, and without paylnaA
for such advances, he is guilty of a
misdemeanor, and liable to fine and
imprisonment. AS such coASduct Is
merely q breach of contract, and there
is no crime If the advances are re-
paid, a grave question arises whether
these sections are not in violation or
the provision in the State Constitution.
forbidding imprisonment for debt, X
cept in cases of fraud and also
whether they do not conflict with the
Thirteenth Amendment to the COnsti-
tuition of the United States against
involuntary SerVltude.'
1T is wise to call attention to the
matter that it may not be
that the Court has passed upon the
enfOrcibility of these sections
The Southern Railway is consider
ing changes that are to be made In the
for train crews running be-
tween Washington n Atlanta. The
changes are made necessary by reason
of the operation of the sixteen hour
law enacted by the General Assembly
will have to be made next Marcn
when the Federal law regulating the
working hours of train crews goes into
effect.
Chairman McCord, of the Kentucky
State Railway Commission, conferred
today with the attorneys representing
the North Carolina Commission in
the rate hearing before Standing Mas
ter Montgomery. The State of Ken
lucky, which has reduced railway
i dtSS- d 1iIISdIloI NIX ~ ~
over which the people Of North caro-
lima have been aroused 1t was Mr..
NcCord who recommended the en-
of Mr.. c. W. Hillyer as an
expert to assist in the examination OF
the books Of the Southern. Mr.. Hill
lYer made his appearance today be-
fore the Standing Master in the COM !
pany of the attorneys for the State.
Mr.. Thorn soon asked for information
concerning the expert. Attorneys for
the State willingly consented for
IIillyer to answer any and all
questions. The expert was with tn
Pennsylvania railroad for more tina.
years. He subsequently went wit
the Cumberland Valley, was with the
Northern Pacific and Rock Island.
and for eight years was the Auditor
Of the elevated railroads in Chicago
Mr.. Hillyer stated that his headquar-
tiers are IN Indianapolis. lie quit the
employ Of railroads in 1904, and IL
to a question by Mr.. Thorn stated
this severance Of relations was
voluntary. I was inspired by the
motive to make more money,' was the
augmented spoons of the expert.