Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1911-09-27
OUR LABOR CONTRACT Law.
Extracts from Dissenting Opinion Of
Justice Ira Is. Jones.
(AnderSOn Mail.)

|
books was declared to be unconsti-
tutional by the Supreme Court with
the circuit judges sitting en- bauc.
The opinion Of he court was de-
livercd by Associate Justice Woods
Chief Justice Pope and Circuit
Judges Watts, Gage, Memminger and
Gary conturred in the opinion that
the law was unconstitutional.
Associate Justice Gary dissented,
but solely on the ground that the
| constitutionality Of the statute was
not properly before the court. In
other words he dissentcd on techn-
cal grounds.
Associate Justice Jones. now the
Chief Justice, held that the law was
constitutional, and filed an opinion
to that effect. His opinion was con-
Cured in by Judges Klugh, Prince
and Hydrick.
Justice Jones opinion attracted
quite lot Of attention at the time,
and a part of it is worth quoting
now. Justice Jones said in part:
South Carolina is essentially an
agricultural State. Upon this indus
try the public welfare depends more
largely than upon any other. While
every business and industry needs
assurance of steady supply Of labor
for its successful prosecution. this
need presses more keenly upon the
agr'culturalist than upon any other
because of distinct and peculiar con-
ditions. With Industries generally
conducted in populous centers aud
within doors, the all-year employ
ment, the seemingly more remunera-
tive wages, the brief and regular in
tervals OF wage payment, the social
and school advantages, the more
comfortable surroundings, possibly
tend to induce for them more
steady and reliable supply of labor
ers. While it is quite probable that
advances may to some extent be
made to such laborers and also that
some Of them may break contracts
and quit employment without cause
after such advances, yet it cannot be
affirmed beyond reasonable doubt
that the Legislature had no ground
for supposing that the regulation in
question should apply to farm con-
tracts only, as remedy for an evil
peculiarly affecting the agricultural
industry. A prevailing custom be-
tween landowner and laborer is to
enter into farm labor contracts at
the beginning Of the year. The land
owner, isolated upon his farm, as a
prudent man, wants to know what
labor he may count upon in the pro-
duction Of the crops that year, so as
to make his arrangements accord
ingly. He must adjust his opera
tions with the seasons and the un-
certain elements. The loss resulting
from the failure Of single days
work at critical times can seldom be
recovered.
"Usually when tho contract is
made the severe winter is on. The
has the privilege Of taking frewood,
these generally without charge, but
work is slack then upon the farm
and the labOrcr and his family often
need food and clothing, which he
has not earned and for which he can
not nay the cash. Then he generally
secures advances from the landowner
on the faith Of his contract.
"a very prevalent form Of labor
contract is the snare system, in
which the landowner furnishes land,
stock, tools, seed and fertilizer, in
whole or in part, and the labOrer un-
dcrtakcs to supply all the necessary
labor, for which he IS to receive an
agreed portion, frequently onc-half,
Of the crop. Or the contract may be
for stipulated wages i'm money, pay
able at the end Of the month or year,
Or at such other time as may be
agreed upon. When the busy work
time on the farm arrives the
laborcr is generally in DEBT to the
i"iup"Hcl loi duNallCcS secured OH
the faith that he will perform the
stipulated work. 1t is then the dis
honest laborer repudiates his Obliga-
ton, and not only fraudulcntly de-
privcs the owner Of his property, but
frequently brings disaster on The
landowners farming interests. The
frequency Of such conduct and its
try called for some remedy. The ut
! ter futiIity Of mere civil remedies