The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1907-05-29
LABOR CONTRACT Law.
JUDGE BRAWLEY RENDERS De
CysIoN IN SOUTH CAROLINA.

Soutl,-Imprisonlae OF Person
For breach Of Contract Would be
Considered Peonage.
Charleston, S. c., May 2s.-In the
United States district court today
Judge William II. Brawley rendered
his decision in the case brought in be-
half Of Enoch and Elijah Drayton on
Eabeas corpus proceedings, declaring
the act Of the legislature making the
breach of farm contract a misde-
meanor to be unconstitutional, null
ana void and the negroes are ordered
to be re.eased from custody.
Judge Brawley,s decision deals al
most entirely with the law on the sub
jeet. The case is, however, briefly re-
viewed, showing that the two negroes
were arrested in January, 1907, upon
a warrant for failure to perform their
contract under section 357 of the acts
OF 1894 and that at this time they
were under contract for a task of.the
year, not yet performed. The ac- pro-
vides that a conviction shall not ope-
rate for the release or discharge Of
the viola1or, and when the negroes
were arrested in January, it was the
second tnne thai they had been haul
ed up and put ON the chain gang for
the same ofense.
The only criminal act,'' in the
words OF the decision, was the fail
ure to work"
Judge Brawley's decision is an able
irg the State act to be in conflict with
the 18th and 18th amendments Of the
cons tuition of the United States and
or1e1s the release Of the prisoners
Judge Frawley's decision is an a5se
opinion and covers many typewriter
pages. The fact is recited in the op;n-
ion Of the court that Clements books
were never produced in the court and
that Clement and his constable, Sea-
brook, were the only witnesses for the
prosecution.
In the course Of his decision, Judge
Brawley staes that 1.-the case is
brought by a young member Of the
bar, belonging to race which has
suffered three centuries Of injustice
and oppression, whose heart has been
touched by the cry of the lowly and
who, apparently at his own cost and
OF wrong, makes the appeal for lib
erty. to which they are entitled under
every sanction of the constitution and
laws Of this country It We're better
that the granite walls which support
this court of justice be crumbled into
Dust than it's doors be closed to such
an appeal
The csyt proceeds 10 say that
there is another argument which ap-
peals to State pride and racial in
stincts, that the legislation is part of
The local administration in matters Of
great convenience to the industrial
life of the State and the claim Of the
supreme power of the State is also
made Judge Brawley says that he
shares much Of this feeling and how
ever much others may proclaim their
devotion 20 these principles, his body
bears marks which attest to his SYM
pathy in the cause.
Judge Erawley proceeds to say that
the lot Of the agricultural laborer is
hard and he has been called the
brother Of the OK" in his unceasing
toll, scant remuneration and dreary
isolation, but the remedy is not
found in statutes which chain him TO
The soil and force him to laoor wheth
er ne VII! or not Human nature re-
volts at it and he will escape it if he
can. It Is by improving his condition
ard not by still degrading it that the
remedy may be found
United States District Attorney
Cochran Represented the government.
in the Intervention proceedings which
were fled in the case and the consti-
tat;onality of the act was defended by
Attorney General Lyon and Attorneys
William Henry Parker and w. St.
Julian Jervey.
The South Carolina Law.
section s57. Any laborer working
on shares of crop, or for wages IN
naaaev or other valuable consideration