The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1916-12-06

or recording shall be necessary to
create such lien, but it shall exist
from the date of the contract, wheth-
er the same be in writing or verbal,
and the landlord and his assigns shall
have the right to enforce such lien in
the same maner, upon the same con-
ditions, and subject to the same re-
strictions, as are provided in this ar
tlcle for persons making advances for
agricultural purposes.
And the landlord and his assigns
shall have lien without writing of
any kind on all the crops raised by
the tenant or other person for all ad-
vances made by the landlord and his
assigns to such tenant or other per-
son during the year, and the pur-
chaser of said crops shall be liable to
the landlord and his assigns for said
crops or the value thereof to the ex-
tent OF such rent or advances as
aforesaid.
Since the repeal of the agricultu-
raj lien law in 1902, the farmers of
South Carolina have been in worse
condition with respect to this matter
than they were before, and clear
understanding of present conditions
and the judicial decisions upon the
subject will show the necessity of the
aforesaid proposed bills or amend
ments. Under Section 3059, Code of
Laws 1902, merchant, for instance,
could acquire lien superior to the
unwritten lien of the landlord for ad-
Vances; but lien acquired under Sec
ton 3059 of the Code of Laws 1902,
was limited to advances expended
during the year in making the crop,
and such lien had to be indexed and
reduced to writing.
Section 3O59 of the Code of Laws
1902, provided for what was then
commonly known as the so-called
agricultural lien law and this section
was repealed on the 4th day'of March,
1908, when the daily newspapers and
pretended friends of the farmers with
one acclaim announced the freedom of
the individual farmer. But a review
of the decisions Of the South Carolina
Supreme Court since the 4th day of
March, 1909, will show that the far
mers of South Carolina were woeful-
ly deceived, and that the white far
mers of South Carolina are today
more at the mercy of the negro farm
hand than ever before In the history
of the State.
South Carolina is an agricultural
vocacommunity and the prosperity of
all vocatlons, depends, to a very large
extent, on the condition of the crops,
and the condition of the crops i'm
South Carolina depends to a greater
extent on negro labor. Now, in order
to control this negro labor, ever since
the ivil War, the white farmer in
South Carolina has had a lien for ad-
vances made to farm hand, without
a writing of any kind, aid ever since
the freedom of the slave, the Su-
preme Court of South Carolina has
sustained the validity of this unwrit-
ten lien of advances, as can be seen
from study of the decisions in the
matter of State V. E;more, 68 S. c.,
145, and Nexsen V. Ward, SO S. c.,
1918.
However, the Supreme Court of
South Carolina, in the matter of Can
tey v. McClary- Broadway Co., 95 S.
c., 80, has limited to some extent tho
aforesaid unwritten lien of the far
ner. by holding that the farmer
could not assert said unwritten lien
lor advances against third party,
without compliance with Section 41G5
OF the Civil Code of South Carolina
1912. ''''''
During the 1916 session of the Leo
lslature, Senator DuRant, at nv re-
quest, introduced the aforesaid bills
or amendments, in order that the
white farmer Of South Carolina
might have complete control of his
negro labor, and in order to put a
stop forever to the negro farm hand
giving innumerable c!iatte! mort
cages, which at the enl of the year,
the, white farmer mus: pay off, in
order to get farm nand for the
next year.
With the view of showing the fair
ness ana necessity of this proposed
legislation in behalf of the white far
mer, let me illustrate:
Roe are good bookkeepers and bank
clerks and each get a good salary
from their respective banks. Either
OF these distinguished gentlemen
could owe every merchant in his home
town and decline to pay their obiga-
tions and there is no process of law
by which the salary of either Of them
could be attached and this is true,
Tor the sumplc reason, that the mem
Ders OF the Legislature protect the
banks and corporations in the opera
ton of their private affairs by the alb
sence of and the refusal to enact a
garnishmcnt statute.
On the other hand, | have a white
farmer friend in Summerton, who, at
the beginning Of the year, rented
some land to a negro farm hand and
supplied him with a horse, guano, plow
stock, and gears for the horse; this
arrangement between the white far
mer and negro laborer was made YER
bally early one morning, and the ne
gro farm hand agreed to come back