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

Tdllzdtl0n ALI over L1e 0tdIe.
The State.
Charleston, July 11.-The decision
Of Judge Brawley declaring to be in
valid the act Of the legislature making
the breach Of a farm labor contract a
misdemeanor is to be submitted to
the supreme court Of the United
States fer ruling.
N the office of the district court to-
day TIE necessary papers were filed
from Judge Brawley's de-
cision and taking the case 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 Drayton, 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 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
chaingang for v;"'ct;::'% +hoir con-
tract was violations cf the thirteenth
and fourteenth arendnier of the
constitution Of the United States. The
view of tine court is objen' d to on
the purpose Of the act in question,
the bill Of exceptions STATING that cit
IS respectfully submitted that both
the purpose and compulsory service
in the payment Of a debt, but, in the
legitimate exercise Of thespoliee pow
er Of the state, to punish crime in
fraud in the breach Of
civh contract, and incidentally there
by to prevent the commission Of such
crime.''
The court is held to have erred in
finding that "there is NJ essential
distinction between an act which pen-
allies the Fro~,Ah Of a contr: = Or
personal sely:eo 'withont efficient
excuse to be aljut.~"' ~ lie court
and the act in que@::::ol here which
penalties such breach made 'w1lfully
and without cause that is, Fraudulent
ly." It is pointed out that there is
"an essential difference in the eye
Of the law between fraud in the max
in or procuring Of contract for per-
sonal service. and fraud in the failure
to perform the same.
"The essence Of the South Caro-
lima statute.'' it is declared, :'is the
repressice-of the fraudulent practice
Of breaking contracts of a personal
service of the kind indicated, that is,
by laborers on farm 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 consideration
for the promse. -
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
a crime under the constitution Of the
United States and can not be pehaliz-
ed as such by any state in this Union.
Error in judgment is also beaHin
the construction Of the court that Nhe
thirteenth amendment 5to. the consti-
tuition not only provides thai there
shall be "neither slavery nor invol1sn-
tary servitude except as punishment
for crime, whereof the party' shall
have been, duly convicted.}' but also
that there shall not be involuntary
servitude" even for crime, if the
-rime arise from the breach of con:
tract of personal service.
In concluding, the bill of exceptions
states that the court failed to distill-
yuish between criminal legislation d. d
rected to the end Of securing pay!
ment of debt and like legislation tor
ihe purpose: Of preventing fraud and
incidentally inducing the laborer net
20 commit fraud"
The case is very Interesting and
one and its consideration
" the supreme court will be follow
ID with much concern. The decision OF
Judge Brawley declaring the state
aw unconstitutional caused much de-