Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-01-31
PROPOSED NEW LABOR LAW.
Another important Bill Is Drawn by
Messrs. Carey and cothran.
Greenyille News.

members of the general assembly, es
pecially the farmers in that body, tn
most important matter that Is to b.
considered at this session is the enact
ment Of a law which Is to take th
place and serve the purpose OF th'
labor contract law, which both th'
federal court and the state suprem'
court have declared unconstitutional
1t is believed that bill meeting al
the requirements of the situation ha!
been drawn, and the substance of 1t II
herewith given. 1t follows the linei
suggested by Gov. Ansel in his mes
sage, making the violation of the con
tract by either employee or employer
misdemeanor.
When the legislature met, Mr.
Wade of Aiken called q meeting OF
the farmers In the general assembly
for the purpose of. discussing the mat.
ter Of labor contract law. Several OF
the ablest lawyers in the assembly
were invited to be present. The far.
mers went over the matter carefully
and expressed their ideas Of what wa:
needed, from the practical stand.
point, leaving 1t to the lawyers to Al
the practical side Of 1t In with the le.
gal requirements Of the situation. TIC
Messrs. Carey and Cothran was dele
gated the duty Of drafting the bill, a.
long the lines suggested. 1t Is q strik.
ing tribute to the confidence Of al
factlons-if there be any factions
that these two gentlemen. should be
chosen for this duty, just as they were
chosen by similar meeting to draw
the bill abolishing. the state dispensary
system and inangurating the local
option system. Meanwhile a resolution
had been agreed to in the senate re-
ferling 1t to the judiciary committee OF
both houses to draw q labor contract
law and this resolution was also a.
greed to In the house when 1t reached
that body. To carry out both plans
the bill drawn by Messrs. Carey and
Cothran has been submitted to the
two judiciary committees and through
the committees presented to each
house.
It's provisions are as follows:
A bill Relating To Contracts for
Personal Service and Advances There
under, Declaring Certain Offences
Connected Herewith Misdemeanors.
Regulating Matters Of Evidence and
Procedure in Such Cases, and Pre-
scribing Punishment Therefor.
Section /. That any person who
shall hereafter contract with another
or render to him personal services of
any kind, and shall thereafter fraudu-
lcptly, or with malicious intent to in
jure his employer. fail or refuse to
render such service as agreed upon,
shall be deemed guilty of misde-
meanor,
Section q. That any person who
shall hereafter contract to receive
from another personal service of any
kind and to compensate him therefor,
and shall thereafter fraudulently or
with malicious intent to injure his
employee, fail or refuse to receive
such service or tosmake compensation
as agreed upon, shall be deemed gull
ty Of misdemeanor.
Section 8. That the failure of eth
er party to such contract to perform
the obligations assumed by him there
under, without sufficient cause and to
the injury of the other, shall be prima
facia evidence, in prosecutions under
Sections / and that he violated such
contract fraudulently and with malici-
Gus intent to injure the other party.
Section 4. That any person who
shall hereafter contract with another
to render personal service Of any kind
to him, and shall thereafter fraudu-
lertly or with malicious intent to in
In money or other things Of value
from him. with intent not to render
the service agreed. upon, and who
shall thereafter with like intent fail
or refuse to perform the service a
greed upon, shall be deemed guilty OF
a misdemeanor. Proof Of the fact that
the employee entered into the con-
tract, procured advances and failed
or refused to complete the contract,
without sufficient cause, to the injury
Of his employer, shall be. prima facia
evidence Of the offence herein describ-
ed and declared misdemeanor.
Section 5. That any person who
shall hereafter contract with another
to receive from him personal services
Of any kind, to compensate him there
for and to make advances to him and
shall thereafter fraudulently or with
malicious intent to injure the employee
receive the benefit of such service
in whole or in part, and with like in
tent fail or refuse to make the COM
pensation or advances agreed upon,
shall be deemed guilty Of misde-
meanor. Proof Of the fact that the
employer entered into the contract,
received the benefit of the employees
services, in whole or in part, and fail
ed to make the compensation or ad-
vances agreed upon, without sufticien'
cause, to the injury Of the employee,
shall be prima facia evidence of the
offense herein described and declared
misdemeanor.
Section 6. The contracts referred
to in this act may be either verbal OF
in writing: If in writing, they must be
executed with the formalities required
by Sect. 355, Criminal Code, 1902; II
verbal, they must be witnessed by two
disinterested witnesses; and the term
of service contracted for must be fol
definite time, not exceeding one
year.
Section 7. That upon conviction In
a court of competent jurisdiction OF
any person charged with any violation
Of this act, the person so convicted
shall be punished by fine OF not less
than $50 and not exceeding 500 OF
by Imprisonment not less than 20 days
and not exceeding 80 days for each
offense.
Section s. That this act is not in
tended and shall not be construed to
protect any parties to, or punish the
violation of, any contract or matter
connected Herewith, where the in
ducement Of consideration Of such
contract is money or other things OF
value advanced to or Tor the employee
prior to the actual commencement OF
service hereunder All such contracts
are hereby prohibited and declared
null and void.
Section 8. That all acts and parts
of acts inconsistent with this act be
and the same are hereby, repealed.
Section TO- That this act shall &c
into effect Immediately upon the ap-
proval Of the governor.
It will be noted that the proposed
bill prohibits contracts for more than
one year at a time, and that under It's
provisions the employer cannot holc
the laborer under a new contract fol
money advances during the preceding
year under an old contract. Some OF
the farmers in the general assembly
are of the opinion that the proposed
bill is even better than the old law
and most of them are very well salts
fled with it's provisions
,sH' Certain butterflies have marked
odors, some good, some bad. DR.. F
A. Dixey, a British entomologist, men
I'D, 90 trNcr q T1f