The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1907-05-31
AGAINST LABOR LAW.
Judge BraWley Declares the State
Statute Null and Void.
Says Legislative Act Is In Conflict
With Amendments to United States

says Legislative Act Is In Conflict
With Amendments to United states
Constitution.
In the United States district court
at Charleston, Thursday, Judge
Brawley rendered his decision in the
case brought by Attorney John p.
Grace, in behalf of Enoch and Elijah
Drayton or habeas corpus proceed
ings, declaring the act of the Legis-
~lature, making the breach Of a farm
contract a misdemeaner to be I'M
constitutional, null and void and the
two negroes are ordered to be releas-
ed from custody.
Judge Brawley's decision is an able
opinion covering many typewriter
pages. 1t deals almost entirely with
the law on the subject with but small
reference to the facts of the case.
The case is, however, briefly review
cd, showing that the two negroes
were arrested in January, 1907, upon
a warrant worn out by Magistrate
Lobby Clement before Magistrate
Beckett for failure to perform their
contract under section 357 of the
Acts of 1904. and that at this time,
they were still under contract for a
task OF the year, not yet performed.
The act provides that a conviction
shall not operate for the release or
discharge of the violator, and when
the negroes were arrested in Janu-
airy, it was the second time that they
had been hauled up, and put on the
chain gang for the same offence. The
fact is recited in the opinion of the
court that Clements books were lev
er produced in court, and that Gle
ment and his constable. Seabrook
were the only witnesses for the pros
ecution. "Thc only criminal act"
in the words Of the decision, twas
the failure to work"
In the course of his decision, Judge
Brawley states that the case is
brought "by a young member of the
bar, belonging to a ace which has
suffered three centuries Of injustice
and oppression, whose heart has been
touched by the cry Of the lowly and
who has apparently at his own cost
and from sheer love Of liberty and
hatred of wrong, makes the appeal
for liberty. to which they are EMIT.
led under every sanction of the con
stitution and laws Of this country. II
were better that the granite walls
which support this court Of justice
be crumbled into dust than its door.
be closed to such an appeal"
The court proceeds to say that
there is another argument which ap
peals to State pride and racial in
stlncts, that the legislation is a par
OF the local administration in mat
tiers OF great convenience to the in
dustrial life of the State and the claim
OF the supreme power Of the State i
also made. Judge Brawlcy SAYS tina
he shares much of this feeling ant
however much others may proclaim
their devotion to these principles, hi
body bears marks which attest to hi
sympathy in the cause.
Judge Brawley proceeds to SAY
that the lot of the agricultural labor
er is hard and he has been callco
the brother Of the Ok" in his un
ceasing toll, scant remuneration ant
dreary isolation, "but the remedy is
not found in statutes which chair
him to the soil and force him to la
Dor whether he will or not. Human
nature rcvOlts at it and he will es.
cape it if he can. 1t is by improving
his condition and not by still dcgrad-
ing it that the remedy may be found
Judge BraWley concludes by de.
clarlng the State act to be in conflict
with the 18th and l1th amendments
OF the constitution Of the United
States and orders the release of the
prisoners.
United States District Attorney
Cochran represented the government
IN the intervention proceedings which
were Med IN the case and the consti-
Iutlonallty OF the act was defended
by Attorney General Lyon. and At
t0rney William Henry Parker, and
w. st. Julian Jervey.