The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-05-28
LABOR CONTRACT LAW
UNCONSTITUTIONAL
DECISION BY u. s. JUDGE w. S.
BRAWLEY.
He Hold The Law Contrary to Thir-
teenth and Fourteenth Amend
to theFederal Constitution.

A decision which will affect hun
dreds Of farmers in this state who
employ farm labor was filed in the
United States District Court ,yester-
day by Judge William II. Brawley,
IN which he holds unconstitutional
the Act of the Legislature which
| makes the breach Of labor contract
, misdememor punishable by impr;s-
onment.
The case was brought before the
Court by Attorney John p. Grace on
behalf of Enoch and Elijah Drayton
on habeas corpus proceedings. In
brief it was alleged that the two men
made contracts with Magistrate r.
Lobby Clement to do certain farm
work for which they received part
payment. It is alleged that they
failed to do the work and warrants
were sworn out for them.
The decision Of Judge Brawley,
while referring to the case in 1ues-
ton briefly, is as able discussion Of
the whole matter and deals largely
with the law on the subject.
1t is generally regarded as one Of
the most important decisions filed in
South Carolina in several years, and
will no doubt be read with interest
ny people all over the state.
The decision closes with the follow
ing paragraph:
"The statute in question violates
the Thirteenth and Fourteenth
Amendments Of the Constitution of
the United States, and laws made in
pursuance thereof, and is null and
void. The prisoners are discharged" "
When the case was up for argument
before Judge Brawley some time AGO
Attorney John p. Grace represented
the petitioners: United States Dis
trict Attorney Cochran represented
| the Government in the intervention
proceedings which were filed in the
ease, and Attorney Gcne, al Lyon and
Attorneys William Hen " rar?:cr and
W. st, Julian Jcrvey defended the
constltutlonality of the Act.
The Decision.
The decision in full is as follows:
! United States Of America, DISTRICT Of
South Carolina-Ex Parte Enoch
Drayton and Elijah Drayton. Peti-
tion for Writ Of Habcas Corpus.
--}rawley, District Judge:
The above named petitioners, ne
yrocs and twin brothers, then on the
chain rang in Charleston county, ap-
piled 10 this Court for a writ Of ha-
1caS corpus, and the return Of the
sheriff Of the county, duly filed, is,
"that he holds the within named
Enoch Drayton and Elijah Drayton
under il commitment by Magistrate
T. A. Beckett, Charleston County, on
charge of violation of contract.'
1t appears from the transcript of
the testimony taken by the stenogra-
pher Of this circuit, that upon the
trial before the above named Magis-
tratc r. Lobby Clement. Of Wadmal-
mw Island, the prosecutor testified
that in the year 1906 the two men
'0bovr named made contracts with
him, in which they agreed TO do ccr-
tain farm or agricultural work, for
which they received part payment;
hat thr work was to be done in Jan
rary, 1907. they being then under an
other Contract that kept them employ.
cd for the year 1906. Using Clements
20 do III" work. ! sworc ont warrants
Town words, "n january they failed
Ieforc Magistrate Beckett for viola
ion Of agricultural contract under
section :i17 Of the act Of 19Ol." The
,ct Of 1904 amends section 357 Of the
Criminal Code Of the State Of South
Carolina. and makes it read as fol-
lows" Section 357. .Anylaborerw work
ing on shares of crop or for wages in
money or other valuable considcra-
ton, under verbal or written con
tract to labor on farm land, who shall
receive advances either in money or
supplies. and thereafter wiIfully and
without Just cause fail to perform
the reasonable service required Of
him by the terms Of the said contract.
shall be liable to prosecution for
misdcmcanor, provided the prosccu-
ton shall be commenced within thirty
days after the alleged violation, and
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