The Birmingham age-herald., 1910-10-17
SUPREME COURT ID
 PASS 0N LABOR LAW
The Government Investigates
 "Labor Contract" Law
SAYS NEGRO IS NOT FREE
Claimed That Rule of Evidence Adopted Condemns the Accused Without Hearing-Case Comes
 Up Wednesday

Washington, October 16.-Beieving that hundreds of southern negroes are being deprived of their liberty by big planters, under forms of law, the fed eral government will endeavor this week to induce the supreme court of the United States to strike telling blow at the alleged evil. This it will do by asking the court to declare unconstitutional the so-called Alabama labor contract" law.
 Similar laws have been passed by sev- eral of the southern states and the de- cison is expected to apply to them all. The treatment of negro farm hands under this law is interpreted by the de- pertinent of justice as a reduction of these laborers to a state of peonage. Compulsory service in satisfaction of debt is taken by Attorney General Wick ersham as the object to be accomplished by the legislation.
 The state of Alabama will appear in court to defend its enactment It is claimed by Attorney General Garber of that state that the law in question is not aimed at the negro as a class. and any way, that this is a proper exercise of the police power of the state to stop fraudulent practices from which the south has suffered severely.
 The case comes to the court on the ar- peal of negro Alonzo Bailey. from. the decision of the supreme court of Alabama punished Bailey for violation by assess ing fine equivalent to 136 days hard labor for the county.
 Bailey entered into written contract to work as a farm hand for the Riverside company during the year 1908 for the sum of $12 per month, the contract reciting that Bailey had received $15 in advance and was to receive the balance due him at the rate of s10.75 per month. He worked a month and few days and then quit, il was claimed without just cause. He had failed, the record alleges, to re- fund the money advanced him.
 The negro was arrested under the 'labor contract law.
 This law provides that in contracts of service entered into by laborer with in- tent to defraud where money was ad- vanced the contract broken without just cause and the money not refunded the laborer should be guilty of a misde- meanor. An amendment to the law in 1903, providing that failure to perform the service and to refund the money should be prima facie evidence of intent to defraud.
 Attorneys for Bailey and the attorneys general of the state and the federal gov ernment have filed briefs with the sr- preme court in the case In advance of the oral argument expected this week.
 Attorney General Wickersham lays stress particularly upon the argument that the natural and reasonable effect of the statute was not to stop fraudulent practices but to impose compulsory serv- fees on negroes, who made up the bulk of ths. farm labor in the state, in sat isfaction of debt.
 If the statute is bona fide attempt to punish fraud" the government asks, "why limit 1t to the case where the debtor fails to perform the service or return the advance. What would be said of a statute which, while purporting to prevent theft. provided that there should be no offense if the property were re- turned?"
 In reply Attorney General Garber and his associates argue that on the fact of the statute the clerk in the store Is as much within the terms as the farm laborer, and that there is no discrimina- tion in the statute as to race or to color
 Indeed. the only possible field of opera ton of this suggestion reads the states brief, would be to engender prejudice against the statute"
 Probably the argument chiefly relied upon to defeat the statute is the one that the rule of evidence adopted by the stat ute law of Alabama works to condemn the accused without hearing. The gov ernment contends that the automatic and elementary principle of presumption of innocence in a criminal procedure Is sup planted by the statute by a presumption of guilt.
 In answer the state says that Bailey has no right to complain, because he never took the stand to refute the pre- sumption of his fraudulent intention.
 The government, In turn, replies that the laws of Alabama closed his mouth by declaring that he could not testify as to his uncommunicated intent.
 Tt is expected that the oral arguments will be based on these contentious. The ease will be presented to the court prob ably on Wednesday,.