The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-05-28
TWICE A WEEK. so A YEA r

quircd of him by the terms of the
said contract,' and the learned At
torney General of the state, while as
! sertiny the validity of this Act upon
grounds hereinafter TO be considered,
does not contest the fact that such
is its purpose and effect, and vindi-
Gates the same on the ground that
such legislation is necessary owing to
the peculiar conditions Of agriculture
al labor III this state. The great
body Of such laborcrs, as is we'll
known, are negroes, and it is claimed
that being without any financial res
possibility the ordinary remedies by
Judgment and execution for breaches
Of contract would be utterly futile.
That such is the prevailing opinion
is manifest in another Act of the Gen.
cral Assembly of South Carolina, ap-
proved February 20, 1907. wherein it
is provided that "any person or per-
sons who shall hereafter go into pos
session of any farming land Of an
other, or shall enter into il written
agreement or contract to go into pos
session Of the farming land of an
other rs tenant or under contract
to farm and cultivate said land, and
shall without just cause or excuse
leave, desert, or quit the land so lcas-
ed on contracted for, shall be deemed
guilty of a misdemeanor, and be fin
ed not less than twenty-five dollars
nor more than one hundred dollars,
or suffer Imprisonment not less than
five nor more than thirty days, in the
discretion Of the CourU.'
1t not being contested then that
the purpose and effect Of this legisla-
tion is to secure the performance by
an agricultural laborer of the person.
al service required by his contract,
by visiting him with pains and pen
| altics for its violation, the next ques-
tion is whether such Legislation is val
id under the Thirteenth Amendment,
which forbids slavery or involuntary
scrvitude. On behalf Of the state il is
contcndcd that such legislation is Il
lawful exercise Of those police powers
which admittedly arc reserved BY the
states; that ii is Il lawful exercise Of
such powers to dcnouncc as crimes
the violation Of Surn contracts, and
that persons convicted Hereunder are
within the exception, The language of
the amendment being Involuntary
servitude, except as Il punishment for
crime.' Inasmuch rs it is contended
by the petitioners that this lcgisla-
tion is also in conflict with the Four
tcenth Amendment, in that it denies
them the equal protection of the
laws, being applicable only to labor
ers working on the farm, and is not
equal and uniform the question will
be considered as affected by the two
amendments named. The pertinent
clauses Of this amendment are as fol-
Ions: 'No state shall make or en-
force any law which shall abridgc the
privileges or immunitics of citizens of
the United States; or shall any state
deprive any person Of life, liberty or
property without due process of law;
nor deny to any person within its
jurisdiction the equal protection Of
the laws. - The police power is an in
accurate, but convenient phase used
to designate that power inherent in
every sovereignty to make laws essen
tlaI to the public welfare; to promote
The Iahlir health. safety and morals,
and t" prevent and punish The COM
mission Of public offences. IT is in
rapabl" Of exact definition or precise
'NMllnii"n. brcHII$r Of fic infinite
variety Of circumstances affecting
~" rrlaii"IlS and affairs Of mankind
r. civilized society, where from nrrcs'
%lly Individual persons and propcrtv
are subject to burdens and restraints
III order I" secure in Il well ordered
government the general comfort,
health and prosperity Of ihc state.
lake every other power, the police
power is subject to the Constitution,
and cannot be used rs a cloak for leg
lslatlon which cmpairs rights or undu-
ly restricts liberties guaranteed by it.
Vast and comprehensive as is the
field for the legitimate exercise Of
the police power, il is not arbitrary
or unlimited, but is fettercd by the
express and pcrcmpiory prohibitions
81 the Constitution. which is the su-
prcmc law Of the land, and wherever
rights arisin" under that Conslitu-