The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1907-07-17
farm LABOR LAW.
Judge Brawley's Decision Carried
to Supreme Court.
The Present Labor Situation is Said
to be One of Decentralization All
Over the State.

over INC Stttc.
A dispatch from Charleston SAYS
the dicision Of Judge Brawley declar-
ing to be invalid the act Of the legis-
lature making the breach of farm
labor contract a misdemeanor is to
be submitted to the supreme court
of the United States for a ruling.
In the Office Of the district court
today the necessary papers were filed
appealing from Judge Brawley's de-
cision and taking the case to the
highest tribunal. The papers were
filed by Attorney William Henry
Parker and W. St. Julien Jervey, act
ing for Attorney General Lyon, with
whom they associated in the recent
hearing of the test case Of Elijah
and Enoch Drayton, in which the
court rendered it's decision and re-
leased the negroes from custody.
A lengthy bill of exceptions, pre-
pared by the attorneys, is filed in the
case, setting forth the reasons for
the appeal. The court is held to have
erred in taking the position that the
Imprisonment of the negroes on the
changing for violating their con-
tract was violation Of the thirteenth
and fourteenth amendments Of
the constitution of the United States.
The view Of the court is objected to
on the purpose of the act in question,
the bill of exceptions stating that it
is respectfully submitted that both
the purpose and effect of the said
act is not to secure compulsory ser
wee in the payment of q debt, but,
in the legitimate exercise Of the po-
| lice power Of the State. to punish
crime in repressing fraud in the
breach of a civil contract, and incl
dentally thereby to prevent the COM
mission of such crime. :"
The court is held to have erred in
finding that there is no essential
distinction between an act which
penalties the breach of a contract
for personal service without suffi-
cient excuse to be adjudged by the
court and the act in question here
which penalties such breach made
'wilfully and without cause that
is, fraudulently." It is pointed out
that there is ''an essential difference
in the eye Of the law between fraud
in the making or procuring of con-
tract for personal service and fraud
in the failure to perform the same.
''The essence of the South Carolina
statute - it is declared, is the rep
ression Of the fraudulent practice Of
breaking contracts Of a personal
service of the kind indicated, that is.
by laborers on farms lands 'wilfully
and without just cause and incident
ally only to induce the performance
of stipulated service in liquidation
of the debt which was the consider
alton for the promise.
The court is further held to have
erred in holding that the breach Of
a contract Of personal service, even
lif dishonest and fraudulent, can not
| be a crime under the constitution of
the United States and can not be
penalized as such by any State in
this Union.
Error in judgment is also held in
the construction of the court that
there shall be neither slavery nor
involuntary servitude except as pun
Iishment for crime, whereof the party
shall have been duly convicted but
also that there shall not be "involun-
tary servitude" even for crime, if
the crime arise from the breach of
a contract Of personal service.
In concluding, the bill of excep-
tions states that the court failed to
distinguish between criminal legisla-
tion for the purpose of preventing
fraud and incidentally inducing the
laborer not to commit fraud.
The case is a very interesting and
important one and it's 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
account of the peculiar relations Of
much of the farm labor to the farm
er and much pressure has been
brought to bear upon the attorney
generals Office to press the case fur
ther and if possible fecure favora-
bic decision to sustain the farm labor
law.
CAN'T TRUST THEM.