The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-04-09
JUDGE BRAWLEY
HEARS ARGUMENTS
VALIDITY OF FARM LABOR
CONTRACT ACT UNDER FIRE.
Various Questions Involved--Owing
to Importance Of Case Decision
is Not Expected for Several
Days. -.
The State.

The State.
Charleston, April 5.-Arguments
were concluded this afternoon in the
case in the United States district
court on the constitutionality Of the
South Carolina act making the breach
of farm labor contract a misdem-
canor, and the case was taken under
adVisemcnt.
The hearing resolved itself into tho
right Of the state to penalize the
breach of IA dabor contract in the cx-
crcisc OF police powers and to sup
press fraudulent practices under the
constitution of the United States.
Upon the converting Of the court
This mcrning Mr.. William Henry
Parker concluded his argument in
support Of the state statute, speak
;in~ with much force on the right Of
the state lu punish vinlators Of the
law. where clear fraud had been OK
prcSscdly provided against in the act.
a"d proven in the iria! Of the pcti-
habras corpus proceedings. IIc
hwrlt with still greater emphasis on
The actical Of those accused. and con-
tcn,lin" that the conviction Of
fraud on the part Of the petitioners,
in having violated contract, made
for the prcve"him Of fraud. did not
rontravcnr in amy way I he laws OF
th" United States.
District Attorney Cochran.
District Attorney Cochran follow
cd with another Stron" argument,
speaking in behalf of the United
States on thc intervention proceed
in"s. lie expressed great respect and
admiration for the state supreme
court. hnt declared that ii was ham
pcrrd by certain decisions and pre-
rcdcMS which would prevent the
present questions getting the consid-
Grafton which their Importance de-
served. Mr.. Cochran directed the
attrntl"h uf the court not 50 much
t" the question Of Imprisonment for
debt. rs 10 tllc deeper constitutional
questions of the relation of the
state StatWtc to the thirteenth and
Fourteenth amendments. and section
1890 of the federal statutes, relating
L" prona%e. lie dwcH with much
force upon the element of class leg
dS latiom and the peonagc features.
and lamentcd the growing tendencies
of the laws for the control Of labor.
He declared the process of involun-
tary scrvitude to be gradual. starting
with just such a law and he vchc-
mrntly deNird that all of the farm
erS OF the state were asking the court
50 sustain such law. lie declared
thai the ACT IN question was one of
th" ""n~"Sr If the Decentralization of
faW labor. although perhaps
net the m"Si rntrnt. and tlc cuntrnd-
rH that In" interests Of the farmers
could b" best served by the federal
r"NIt ,lr"!a'';n" the act uncnnStitu-
tional
Attorney General Lyon.
Attorney General Lyon made the
81 mr~t argument Of the counsel on
the "ur>iirn, aS Mr.. Parker had SO
lr!N r'Nrrrd t." questions 4! law,
hN' Wh'!r lis ar,uircnl was romparo-
lively hrlrt il MAS very pointed lie
uphrld I've law ON the grounds Of
ahH prevention or fraudulent prac-
ilrrS. NWl he went further and de-
"}ar~l thai i! wa~ in the exercise of
The police powers of the state.
Mr.. Grace for Petitioners.
MIR. Grace, attorney for the pcti-
TONERS. made the concluding ar"rl.
mcm in which he said that from tho
standpoint Of political ec>Nomv a>
well ~ The law. the act should be
declared unconstitutional. lie failed
|" soc inst police powers in the law
ami said that il was only an abrid@c
mcN ct the right Of every man tc
give his labor rs he pleased
The ease was taken under advise
mcnt by the count and it will prob
ably be some days before a decision
is rendered by Judge Brawlcy on &C
count of the important questions in
volved.
PLAN TO DEFEAT ROOSEVELT