The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1907-04-10
MAY BE KNOCKED OUT
Labore!s Contract Law To Be Re-
viewed by the Courts.
1t is Said that the Law is Productive
of Teonage and Fails to Provide
EQUAL Penalties.

A case is now pending in the Uni
ted States Court at Charleston that
is of much interest to the farmers of
South Carolina, and the final disposi-
ton of the case is being watched
with great interest. The case is in
reference to the labor contract law
Of this State. About month ago
TWO negroes were sentenced to terms
of Imprisonment in the Charleston
county Jail for the violation of this
law. Their attorneys obtained writ
of habeas corpus from Judge RraW-
ley, alleging that these men were un-
lawfully detained and deprived Of
their liberties in violation of the con-
stitution of the United States.
The principal ground of attack on
the law seems to be that the labor
contract law violates that provision
of the federal constitution which for
bids class legislation: thus, it is
claimed, if the violation of a contract
to buy goods or obtain advances in
money which are to be paid for in la
Dor is to be penalized and punished
as a crime then other contracts must
be likewise penalized and punished.
In other words, the claim is made
that the lobor contract law of this
State provides punishment for the
nonpayment of advances made under
the labor law, or the noncompliance
with the terms Of labor contract, a!
strictly civil contract, and fails to
provide punishment for other civil
contracts when violated. It is said
some of our best lawyers think the
law unconstitutional and that the In
tied States Court will so declare it.
When the question first came up
before Judge Brawley he postponed
final dcision until Mr.. Lyon, the
Attorney-General of the State, could
be heard. Last Monday was set for
the hearing, but it did not come up.
1T will be heard some time this week.
The case was brought by Messre Lo-
gan and Grace, two Charleston law
yers. They allege that the State
law is class legislation and a form OF
peonage, and, therefore, in conflict
with the federal constitution. A few
days ago, On instructions from Attor-
ney General Bonaparte, United States
District Attorney Cochran filed pc
tition to be permitted to intervene in
behalf of the government and Judge
Brawley granted the motion, which
makes the government a party to the
suit.
Pending a final decision Of the
case, Judge Brawley is understood to
have discharged the two Charleston
negroes from Jail until the case could
be fully heard and finally decided
and the magistrates over the State
have held up all prosecutions for Vlo-
/ lating the labor contract law pending
Judge Brawley's decision. The Fed
eral authorities seem to regard the
law somewhat as a system Of peonage
! The labor contract law was enacted
several years ago and at first pro
vided that any laborer violating
written contract should be punished
criminally by fine or imprisonment
n the case of the State against VIII
liams the supreme court of this State
declared the law unconstitutional
because punishment was provided
against only the labcTer and not the
| farmer in case of a violation Of the
cont act to pei form farm labor.
The legislature at its next session
amended the law so hat either the
farmer or laborer violating a con
tract should be puniste ed by fine OF
imprisonment. In this shape the law
stood for some time. A few year:
ago the law was again amended s<
that verbal contract was made pun
ishable, if violated. provided sucf
contract was Witnessed by two dis
interested witnesses.
This law has been attacked sever
al times in the state supreme cour'
but without success. In the case o'
the state against Chapman its constl
tutioualty was directly up held Again
in the case of the state against Eas
terlin, wherein the law was attacked
upon the ground that while 1t did II
la sense allow imprisonment for debt
yet the constitution did not forb1t
Imprisonment for debt IN case O.
fraud, and that the violation Of sucf
a contract, after obtaining advance:
against future labor, was species o.
| fraud.
This law is a good one, and ha:
been very helpful in retaining labor
on the farms, but in some cases i
has been abused It seems to u:
that some such law is absolutely es
sential to the successful management
Of our farms under our present labor
conditions, and should it be declared
unconstitutional it will cause consld
cradle trouble to our farmers by dis
organizing their plans and IN many
cases demoralizing the labor. With
out some such law our farmers would
be at the mercy of those who they
may have hired to work on thell
farms