The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-07-16
FARM LABOR LA
IN SUPREME COURT
APPEAL TAKEN IN THE ALLEG.
ED PEONAGE CASES.
The Papers Filed-The Present Situa-
ton is Said to be One of Demo
ralization All Over the State.
The State.

Charleston. July l.-The decision
of Judge I'1awley declaring to be in
valid the act Of the legislature making
the breach of Il farm labor contract q
mlsdomcannr is to be submitted TO
the supreme court Of the United
Estates fer Il ruling.
J II the "lice Of the district court TO-
day IT." necessary papers were filed
appeallr1 flcm Judge Brawley's de-
cision and taking the ease to the
highest tribunal. The papers were
filed by Attorneys William Henry
Parker and W. ST. Julien Jervey, act
ing for Attorney General Lyon, with
whom they were associated in the re-
cent Nearing of the test case of Elijah
and Enoch DraNton, in which the
court rendered its decision and re-
leased the negroes from custody.
A lengthy bill of exceptions, pre-
pared by the attorneys, is filed in
the ease, setting forth the reasons for
the appeal. The court is held to have
erred III taking THE position that the
Imprisonment of the negroes on the
chalngang for v;"'"':,r Nhoir con-
| tract was violatin" / III. ,irtecntl,
and fourteenth ar'rndmiel OF the
constitution of the Irited Stotes. The
view of the court is obic'',l to on
the purpose Of the act in question,
the bill of exceptions statin. that "i,
IS respectfully submitted that both
the purpose and compulsory service
III the payment of debt. but. in the
legitimate exercise of the police pow
er or the state. TO punish crime in
represslng Fraud in the breach of a
evil contract. and incidentally there
by to prevent the commission of such
crime.'
The court is held to have erred in
f,ndin" that "therc is no essential
distinction between an act which ncn-
allies the ''"'''h Of con;r:'r: or
personal ser, without efficient
; excuse to be aIiu,.. .~' -. ne court'
and the act in que .: n here which
|
and without cause THAT is. Fraudulent
w. 1t is pointed oui that there is
Ian essential difference in the eve
OF the law between fraud in the max
IN ar procurin" Of a contract for per-
S"nal service and fraud in the failure
/" perform. the same.
"Thc essence Of rhc South Caro-
lima >tatute.' it is declared. :!'is the
rcprr>sic" # the Fraudulent practice
or breaking contracts Of personal
service Of the kind indicated. that is.
| by laborers on farm lands 'wilfullv
and without just cause and incident
ally only to induce The performance
"f stipulated service in liquidation Of
the debt which was the consideration
for lhc promsc.'
The court is further held TO have
erred in holding that the breach of
contract of personal service, even if
dishonest and fraudulent. can not be
crime under the constitution Of the
| lnilcd States and can not be pehalz-
ed as such by any state in this Union.
Error in Judgment is also held in
the construction Of the court that the
thirteenth amendment to the consti-
tuition not only provides that there
| shall be "neithcr slavery nor invoun-
ary <ervitudc except as punishment
for crime, whereof the panty' shall
havc been duly convictrd.' but also
thai there shall not be involuntary
servitude' even for crime. if the
'rimc arise from the breach Of a con-
! tract Of personal service.
In concluding, the bill Of exceptions
states that the court "failcd to distin-
guiSh between criminal legislation d.
rcctcd to the end of securing pay-
mem of debt and like legislation for
fnhe purpose Of preventing fraud and
incidentally inducing the laborcr not
TO commit fraud.'
The ease is very Interesting and
important one and its consideration
by the supreme court will be follow
ed with much concern. The decision Of
Judge Brawley declaring the State
Law unconstitutional caused much de-
moralization Of labor conditions on ac-
= |