Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1907-07-24
CONTRACT LABOR LAW.
The Attorney General Appeals from
Judge Brawiey's Decision.

The decision of Judge Brawley de-
claring the act OF the Legislature,
making the breach of a farm labor
contract misdemeanor to be invalid,
is to be submitted to the Supreme
Court OF the United States for a rul-
ing.
In the Office Of the district Court
to-day the necessary papers were filed
appealing from Judge Brawleys de-
est tribunal. The papers were filed by
tribunal. The papers were filed by
Attorneys William Henry Parker and
w. st. Julien Jervey, acting for Attor-
ney General Lyon, with whom they
were associated in the recent hearing
of the test case of Elijah and Enoch
Drayton, in which the Court rendered
Its decision and released 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
chain gang for violating their con-
tract was a violation Of the thir-
teenth and fourteenth amendments of
the Constitution of the United States.
The view of the Court is objected to
on the purpose of the act in ques-
ton, the bill of exceptions stating
that it is respectfully submitted that
both the purpose and effect Of the
act are not to secure compulsory SER
vice in the payment OF a debt, but in
the legitimate exercise of the police
power of the State to punish crime
In repressing fraud, in the breach of
a civilcontract and incidentally there
by to prevent the commission Of such
crime"
The Court is held to have erred in
finding that there is no essential
distinction between an act which
penalties the breach of contract for
personal service without sufficient eX-
cuse to be adjudged by the Court,
and the act in question here which
penalties such breach made 'wilfully
and without cause that is fraudulent
ly.' Ii is pointed out that there is
''an essential difference in the eye Of
the law between fraud in the making
or procuring Of a contract for per-
sonal service and fraud in the failure
to perform the same"
The essence of the South Carolina
statute" 1t is declared, sis the repres-
sion of the fraudulent pra lice of
breaking contracts of personal SER
vice, Of the kind indicated. This Is
by laborers on farm lands 'wilfully
and without just cause and Incl
dentally onl.- to induce the perform
ance of stipulated service in Hquida-
ton Of the debt which was consid-
eration for the promise"
The Court is further held to have
erred in holding that the breach of a
conract OF personal service, even If
dishonest and fraudulent, cannot be
a crime under the Constitution of the
United States, and cannot be realized
as such by any State in the Union.
Error in judgment is also held in
the construction of the Court that the
thirteenth amendment to the Consti-
tuition not only provides that there
shall be neither slavery nor involun-
tary servttude 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 crime
arises from the breach Of a contract
Of personal service"
In conclusion the bill Of exceptions
states that the Court failed to dis
tinguish between criminal legislation
directed to the end of securing pay
ment Of debt, and the legislation for
the purpose Of preventing fraud and
incidentally inducing the laborer not
to commit fraud"
The case Is very interes ng and
important one, and it's consideration
by the Supreme Court will be fol-
lowed with much concern. The de-
cision of Judge Brawley declaring the
State law unconstitutional caused
much demoralizaion of labor condi-
tions on account of the peculiar rela-
tions OF much Of the farm labor to
the farmer and much pressure has
o. he"" br" nsht to bear upon the Attor-
ney generals Office to press the case
furher, and If possible secure favor
able decision to sustain the farm labor
law.-Charleston Post.