The Lexington dispatch. [volume] (Lexington, South Carolina) 1870-1917, 1907-05-29


Fime they were under a contract for a
task of the year, not yet performed,
The act provides that a conviction
shall not operate for the release or
discharge of the v~iolator, and when
the negroes were arrested in January,
Ii was the second time that they had
besn hauled up and put On the chain
gang Tor the same offense.
aThe only criminal act,a IN the
words of the decision, twas the fail
sureto work.ni
Judge Brawley concludes by declar-
singthe State act to be in conflict with
thee 18th and 18th amendments Of the
constitution of the United States and
orders the release Of the prisoners.
Judge Brawley's decision is an able
sopinion and covers many typewriter
pages. The fact is recited in the
sopinion of the court thai Clements
books were never produced in the
court and that Clement and his con-.
stable, Seabrook, were the only wit
nesses for the prosecution.
In the course Of his decision, Judge
Brawley states that .sthe case is
brought by young member of the
bar, belonging to q race which has
suffered three centuries Of injustice
and oppression, whose heart has been
touched by the cry Of the lowly and
who, apparently at his own cost and
from sheer love Of liberty and haired
OF wrong, makes the appeal for iber-
ty, to which they are entitled under
every sanction of the constitution and
laws of this country. 1t were better
that the granite walls which support
this court Of Justice be crumbled into
dust than It's doors be closed to such
m appeal
The court proceeds to say that there
Is another argument which appeals to
State pride and radical Instincts, that
the legislation Is q part Of the local
administration in matters Of great
convenience to the Industrial life Of
this State and the claim of the SUI
preme power Of the State is also made.
Judge Braw1ey says that he shares
much OF this feeling and however
muchaothers may proclaim their de-
votion to these principles, his body
bears marks which attest to his SYM
pathy in the cause.
Judge Brawley proceeds to say that
the lot of the agricultural laborer is
hard and he has been called 'fthe
brother of the OK" in his unceasing
toll, scant remuneration and dreary
isolation, 'but the remedy is not
found in statutes which chain him to
the soil and force him to labor whether
he will. or not. Human nature revolts
at it and he will escape if he can. 1t
is by improving his condition and not
by still degrading it that the remedy
may be found"
United States District Attorney
Cochran represented the government
in the Intervention proceedings which
were fled in the case and the consti-
tutionality of the act was defended by
Attorney General Lyonand Attorneys
William Henry Parker and w. ST.
Julian Jervey.
THE SOUTH CAROLINA LAW.
"Section 357. Any laborer working
on shares of crop, or for wages in
money or other valuable consideration
under a verbal or written contract to
labor on farm lands, who shall receive
advances, either in money or supplies,
and thereafter wilfully and without
just cause fail to perform the reason
able service required of him by the
terms of the said contract, shall be
liable to prosecution for amisdemean-
or: Provided, That prosecution shall
be commenced within 80 days after
the alleged violation, and on convic-
ton shall be punished by imprison-
ment of 80 days, Or to be fined in the
sum of not less than $50 nor more than
800, in the discretion of the court:
Provided, The verbal contract herein
referred to shall be witnessed by at
least two disinterested witnesses:
Provided, That such contracts shall
be valid only between the original
parties thereto, and any attempted
transfer or assignment of any rights
Hereunder shah be null and void.
"Approved the 18th day of Febru-
airy, A. D. 1901. 1.-THE State, Gath. .