Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1907-04-23
CONTRACT LABOR LAW.
Probability That Judge BrawIey May
Knock IL Out.


There is a feeling among those who
heard the arguments in the case be-
fore Judge Brawley in the Federal
court at Charleston recently when the
contract labor law act was attacked
in the interest of two negroes on the
ground that 1t was form of peon-
age, that the state will lose in the
case, says the Columbia correspond
ent of the Charlotte Observes. And
If this act is declared unconstitutional,
1t is predicted that the new act pass
ed by the legislature this year making
failure on the part of a farm tenant
to carry out lease contract punish
able on the criminal side Of the court,
will be even more easily knocked out
II both of these acts are thus render
ed imperative there will be practical
ly nothing left for the South Carolina
lien law to rest upon, and the annual
fight which has been waged against
1t in the legislature for the past thir-
ty wears will in all probability succeed
next February. If the lien law, which
is sustained each year by a narrow
majority, goes, farming methods will
have to go through a revolution
throughout the state.
This new act as to tenants, in the
opinion of good lawyers, has the ef-
feet of making tenant part OF the
realty, transferable along with the
lease from one owner to another dur
ing the life of the lease, which may
run many years, like a stump, rock
or a tree, creating a sort of surfdom
as under the English law 'in days OF
old when knights were bold and bar
ons held their sway" Attorney Cen
eral Lyon, who argued for the consti-
tutionality Of the act attacked IN
Charleston, has not yet rendered an
opinion on the new act, but those who
have applied to his office for informa-
ton have been advised to consult their
attorneys before attempting to enforce
its provisions on the criminal side OF
the court. The new act was declared
to deal not only with negroes but with
others who Jump farm leases to
go to the railroads or to the mills after
being advanced supplies.
A serious present aspect Of the situ-
alton has to do with the predicament
the farmers will find themselves In
with the crops just coming on for cul-
tivation, with no big stick to hold over
the heads of the irresponsible negro
farm hands, who are growing more
unreliable and untruStworthy each
year. With these two laws Knocked
out there will be no way of holding
that large class Of negro laborers who
are already deeply in debt to land
owners for supplies, nor any means
compelling that other large class who
have rented lands and are In debt to
merchants for supplies with the COM
ing crop as collateral.
Of course If the cases are appealed,
which will in all probability be done,
the final decision will be a. long way
off but this will helm matters very lit
tie. in view of the uncertainty OF the
law being finally sustained and by rea-
son of the fact that habeas corpus
proceedings will be open to any one
against whom attempt is made to en-
force the law.
There are many others, however,
who take a cheerful view Of the mat
ter. who hope that both laws will be
declared unconstitutional, in order
that the ruinous credit system which
has been impoverishing the farming
interests for the past half century,
exhorbitant prices to time merchants
will be for ever broken down. Those
who look for this correction OF disas-
trously unbusinesslike methods also
think that the negroes can be better
handled by being forced to work by
the day for cash under competent
white overseers. They think that lands
will be steadily and promptly inn
proved, will become more productive
and will enhance in value as we'll as In
price-that those railroad travellers
who are saddened by the views from
car windows of long stretches of bar
rem hillsides streaked with ghostly gull
lies will have new and beautiful scenes
to look upon.