Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1907-07-16
Misesllansulls 8saains.
CONTRACT LABOR LAW.
Attorney General Appeals From Judge
BrawIey's Decision.

Attorney General Appeals From Judge
BrawIey's Decision.
The decision Of Judge Brawley de-
claring the act Of the Legislature, max
tract a misdemeanor to be invalid Is to
be submitted to the supreme court Of
the United States for ruling.
In the Office Of the district court to-
day, the necessary papers were filed,
iappealing from Judge Brawley's deci-
sion and taking the case to the highest
tribunal. The papers were filed by
Attorneys William Henry Parker and
w. st. Julien Jervey, acting for Attor-
.ley General Lyon with whom they were
associated in the recent hearing Of the
test cast of Elijah and Enoch Dray-
ton, in which the court rendered its
decision and released the negroes from
custody.
A lengthy bill Of exceptions, prepar-
ed by the attorneys, is filed in the
case, setting forth the reasons for the
appeal The court Is held to have err
red in taking the position that the i'm
prisonment Of the negroes on the chain
gang for violating their contract was a
violation Of the thirteen and four
teenth amendments Of the constitution
Of the United States. The view Of
the court is objected to on the purpose
of the act in question, the bill Of ex-
ceptions stating that ut is respectful
ly submitted that both the purpose
and effect Of the said act Is not to Sc
cure compulsory service in the pay
ment 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 civil contract,
and incidentally thereby to prevent the
commission of such crime"
The court Is held to have erred In
finding that there Is no essential dis
tinction between an act which penal
ICES the breach Of a contract for per-
sonal service without sufficient ex-
cuse to be adjudged by the court, and
the act in question here which penal
ICES such breach made 'wilfully and
without cause that is fraudulently."
1t is pointed out that there is IAN es-
sential difference in the eye Of the law
between fraud in the making or pro-
curing Of a contract for personal SER
vice and fraud in the failure to per-
form the same"
THE essence Of the South Carolina
statute" it is declared, "is the repres-
sion Of the fraudulent practice of
breaking contracts Of a personal SER
vice, Of the kind indicated, this Is by
laborers on farm lands 'wilfully and
without just cause and incidentally
only to induce the performance Of
stipulated service in liquidation Of the
debt which was the consideration for
the promise"
The court Is further held to have err
red in holding that the breach Of a
contract Of personal service, even II
dishonest and fraudulent, can not be
crime under the constitution Of the
United States and can-not be realized
as such by any state in this Union.
Error in judgment is also held in the
construction Of the court that the thir-
teenth amendment to the constitution
not only provides that there shall be
neither slavery nor involuntary servi-
tude 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 arise from the
breach Of a contract Of personal SER
vice."
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 like legislation for
the purpose Of preventing fraud and
incidentally inducing the laborer not
to commit fraud"
The case is very interesting and
important one and its consideration by
the supreme court will be followed with
much concern. The decision Of Judge
Brawley declaring the state law un-
constitutional caused much demoral-
ization Of labor conditions on account
Of the peculiar relations Of much Of
the farm labor to the farmer and much
pressure has been brought to bear up
on the attorney generals office to
press the case further and IL possible
secure a favorable decision to sustain
the farm labor law.-Charleston Post.