The Birmingham age-herald., 1910-10-19
The Case In Brief

Bailey, about 34 days after receiving $15 and making contract in writing to work year al the rate of $l2 a month, re- fused to work and without Just causep failed to refund the amount so advanced. Bailey's attorneys declare that there was
 no evidence by which it could be decided whether the violation of the contract was without just cause" According to them no one witnessed the execution of the contract except Bailey and the en- ployer. The statute involved, 1t is stated makes the facts set out above prima facie evidence of the fraudulent intent necessary to conviction.
 Under the facts developed no doubt remains as to the unconstitutional op- eration and intent of the Alabama stat ute, says Attorney General Wicker sham. Agricultural laborers appear upon
 the face of the statute, as well as by it's practical operation. to be the class aimed | at, and compulsory service in satisfac- ton or debt the object sought to be ac- | complished. By the thirteenth
 amendment the people of the United
 States determined that involuntary seryi-
 tude, except as a punishment for crime | whereof the party had been duly con- victed, should be utterly abolished within | the Jurisdiction of the United States. By
 the act of March g. 1867, passed for It's enforcement, Congress prohibited the sys- tenn Known as peonage, penalized the holding or retaining of any person to such condition. and nullified all acts.
 laws, resolutions, orders. regulations or l usages Of any state or territory, by | which the voluntary or involuntary ser i vice of any persons as peons, in liquida-
 ton of any debt or obligation or other
 wise was sought to be established, en-
 forced or maintained, directly or indi- | rectly.
 | "fhe only question for consideration is whether the statute of Alabama involved,
 as construed and applied in this case is l a proper exercise of the police powers of
 the state to punish fraudulent practices | or Is intended to insure personal service
 in payment of debt. We think an an- alysis of the statute and it's practical ap- | plication in this case make 1t plain that l the latter is It's real purpose and effect. Can 1t be doubted that the stat l ute, as practically construed and applied
 in this case, at least indirectly enables a system of involuntary service in pay | ment of debt to be established, mair- tained and enforced? The abuse
 of personal liberty that a statute so con-
 strued and applied would engender is H manifest to all. The statute as H construed and applied in this case takes
 away from the accused the presumption
 of innocence. The controlling presump-
 tion of guilt raised by 1t Is wholly ir-
 reconcilable with the presumption of in-
 nocence. He was forced to stand
 mute, while under the forms of law he
 was deprived of his liberty
 MT. Garber's Contention
 In his brief for the state Of Alabama
 the states attorney general, MT. Garber
 declares for the constitutionality of the
 statute under which conviction was had 'sCOunael insist" savs he "that tht statute violates the thirteenth amend
 ment and the peonage statute. The basis
 of this argument is, not that the rule oi
 evidence subjects the convicted defend
 ant to condition of peonage, but tha1
 the original statute has that effect. Un less, therefore the court holds the origi nal statute to be invalid, there can be nc
 condition of peonage incident to conylc ton hereunder. The rule of evidence does not of itself or as an amendment t(