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nOKOTT.TT STAR-BULLETIN, SATURDAY,- At GUST 19,
-. FOURTEEN ... V ' f V. - - : I - w i -- , Yi' ATTORNEY WRITES UPON PEONAGE: TERRIFIC WI TELLS OF COURT INTERPRETATIONS L L. BuiT DlSCfKSP HKtorVl or 'kich he really should le punish oi i ns rnrm oi servitude in United States By L L BURR Judge Stuart in his decision in the . ). A. Steven case, and again in his recent letter to the President of the United States, proclaimed. In effect, that peonage existed in the Territory of Hawaii, United Statea of Americk. and also intimated that the present fcotcrnor and chief Justice of the su preme ccurt u ere in a measure respon sible. Just what peonage is and a brier the negro's labor; and when his labor was wanted they got him. Well Known People of the South Con victed of Pecnage. Anicng those convicted of peonage was John W. Pace of Alabama, known aa the father of peonage, friend of lloosevclt and pardoned by -Roosevelt in 1908; Edward McCree, a member of the Georgia legislature and owner of .,7.000 acres of land. He nlead guilty to thirteen charges, and while he was only fined a thousand dollars j cn the first charge, yet Jt might be J noted that had McCree been given STORM RAGES ON MEXICAN BORDER! I HUGHES TALKS ON SUFFRAGE AND TARIFF ISSUES Troops Driven From Tents,' Republican Candidate Gets Take Shelter in City Hall at Brownsville Cordial Reception at San Francisco liistnrv nf t oYictenfA in th the limit or the law. nve years inv States is here given: j prison ment and $300 fine, his Origin of the Terms Peoiwnd Peonage j ntencc would have totaled sixty-five The word "peon is Spanish. Ir Spanish-American countries it is the romircn term applied to common la borers, especially common laborers '"who work for the government, road i laborers, for instance, anc to tho&c working on large estates or planta- uv.. ins mcic til a i. a lauvicr 10 called or designated as a peon does not Imply that the laborer is under any condition of Involuntary' servitude. Mexican law, also the laws of New Mexico, ignore dt.be word "ieon" arid always used the term "servant" when dealing; with labor. The English weaning- of the word is not the same as in Spanish, for n KnglibTj it is used to imply a condl tion of bondage or serfage. A condi tion of servitude whereby th peon Is bound to labor for his employer. In the case of Alonzo Bailey vs. Ala bama, Justice Hughes defined peon age as: "Peonage is a term descriptive of a condition that existed in Spanish America and especially in - Mexico. The essence of the thing is compul sory service in payment of debt. A : peon is one who is compelled to -work for his creditor until the debt is paid." Peonage in New Mexico When the Territory cf New Mexico was acquired "from Mexico as a result of the Mexican war, peonage existed there In the same, form as in Mexico. That Is, It arose from con tract whereby the peon became bound to his master for an indebtedness founded upon an advancement made in consideration of personal services that the peon was to perform. - As - ieonage . existed at first the peon Could buy his freedom bt renavine the master what' waa due the master - tinder the contract, also the master . jcars and his fines aggregated fbo,- 000. In 1?06 a United States judge at Pcnsacola, Florida.'-sentenced five officers of the Jackson Lumber Co., one of the largest concerns of its kind In the country, to seven years in th penitentiary ;The moBt noted peonage case, and the cne that determined the cbnsti; tutlonality of the laws of Alabama that made peonage possible, was the case of Alonzo Bailey vs. Alabama. Peonage Decision of Justice Hughes. This was the case in which Jus tice Hughes, now candidate for presi- Cent of the United States, wrote the decision. The facts of this case were briefly as follows: Alonzo Bailey wa? SAN ANIONIC). Aug. 19. Des- i ivtch-4' from Coipus (liritt yester day aisnr.n'n-'-d th- rai;::.g cf a rcven t -mr.cs-an-hcnir pale, enduring for throe licri:r l. foro niroortirt;. and Iflifved io do ;ao forerunner of a urrnd tropical stona hi the Gulf of So far no fatalities have been re ported, though a great deal of dama?" i property has been sustained. Bay ircnt property has suffered to a !ar0 extent and much damage has been (one to buildings at numerous sum-j-.fr resorts alon the ccast, many 1 rivate homes also feeling the force of the storm. It is expected th'it the height cf the gale has net been reach ed. Reports from Brownsville, at the A s-o 'I Pr- hv SAN FRANCISCO tr;i!n which brou.-jrlit Hughes to 'this ritv A-i'ist The Charles Kvans at 1 o'e'ock vrs- VILLA BANDIT GANG HOLDS UP TRAIN: TAKE GUARD OF CARRANZISTAS PRISONERS CI. PASO. Texas. Aug. 19. A band of sixty Mexican revolutionists, ac-1 cording to despatches received hert! yesterday, held up a passenger train n t! Mexican National Railway, j near the city of Auguas Calientes. in j the state of that name. Twenty-five. Carranzistas. Who were escorting the! train, were taken prisoners. j f- SENATE PASSES SHIPPING ' BILL BUT ELIMINATES j IMMIGRATION RIDER terday afternoon wns met by thous ands at the rie;rt lie ivhs cheered when ho at prareel nr. I at once betake ' the eeatf of a v.r'.on" and enthusiast ic crowd. ! In a cor.ferfnet with I':ore; ie ?nd Republican leaders this state. , Mr. Hushes 'ir.t ;toi his suggestions as to the eoniuct of the campaign to an earnest plea f ir hearty coopera tion in the matter of the national issue, ?mphasi7.tnv; his determination i not to attempt :n any way to influ ence the local situation. Protective Tariff Needed. .-'.Addressing a distinguished gather ing at the ('nun League Club. Mr. WASHINGTON. O t . Aug in -The administration's shipping bill yes tertlH passed the senate on a strictly party vote of thirty -tight to twenty one. '"An' attempt r.iade by Senator !kuah to attach the immigration bill as a rider to the shipping measure, a';is defeated by a vote of' thirty-? oven to twenty-two; PARALYSIS EPIDEMIC POSTPONING OPENING OF HARVARD UNIVERSITY! w n, i- i ri .. Mexican border, while, meager, tell of "gnes coniraea nis rni.ii .luieu havoc wrought it, tnr soldier's , ue urse.ii mu ui i.iutn.t- tariti. Hie attendance was sucu a3 great havoc wrought u ctinips by the fury of the wind. Troops of the regular amy and national -nnrdmrn thinned to guard the bor- der from marauding Mexicans, have been driven from their quarters- al Fort "Brown and are taking refuge in arrested In April, 1908. for breaking I tnf, Brownsville city hall and public buildings of that town. a labor contract. HaDeas corpus pro ceedings were instituted, but the trial court refused the writ The matter was carried to the supreme court of the state of Alabama, and the writ was again refused; from there the matter was taken to the supreme court cf the United States, and the writ was denied on an error. The case was then 4ried, and Bailey was convicted. The conviction was affirm ed by the supreme court of Alabama, and from there carried to the supreme court of the United States, and was there decided in 1911, and In favor of Bailey, and declared the laws under which he was convicted unconstitutional.:." Justice Hughes in his decision in referring to the thirteenth amendment to the constitution of the United Slates said, "While the immediate concern was African slavery the amendment was not limited to that It was a badge of universal freedom for all persons of whatever race, strained the capacity of the club and the candidate was acorde-d the most attentive interest. I;eins frequently interrupted by applai-se and ejacula tions of ai-proval. CTVx II -ti-!h 1 . ,wllrwr. .i i n ion LeagJe cnio. ine neau o' ir.c uenuu- PRIXCKTON, N. .1.. Aug. 19. The opening of "Princeton Fniversity has been postponed from September 2' to October in as a precautionary meas ure due to the prevalence of infantile paralysis. Perfect depend as much upon their printing and devel oping for their perfection as upon the subject and photo artist. You are assured of proper care in printing and developing when you leave your films with us. We make no mistakes, and we turn your work out quickly and at a moderate price. Hoilister Drug Co., Ltd. Phone 1S48 Agents for Eastman Kodak Fort, near Hotel StrecV could sell the peon to any person who ' color or estate, under the flag. The Dlain intention was to abousn slavery of whatever name and form and all its badees and incidents: to render impossible any state of bond age; to make labor free by prohibit in that control by which the per sonal service -or one man is disposed of or coerced l for another's benefit wtich is the essence of involuntary rervitudc". - ' When prosecutions were first start ed by federal officials in the South, the term "peonage" was a stranger to the neoDle there,, Thty did not know what the term meant, they had never heard It before, and It was not until Judge Jones gave his famous charge to the federal grand jury at Montgomery, Alabama, In 1903, known in history as the "peonage charge," that the ople really knew whaj. the term "peonage' meant and awoke to the fact that the thirteenth amend ment cf; the constitution of the Unit ed States was being violated. As to laws under which peonage exists and their application, the report of U. S. Asa. Atty.-Gen on Peonage (New Ed.) p. 3, describes them as fonows: "Soihe of them ..; are vag rancy laws, some contract labor laws, some fraudulent pretense - or false promise laws and divers .others. Some few of these in Question, such ts abscinding debtor laws, labor en ticing and board bill laws," were not originally passed to enslave workmen. They (the Jaws) are used before juries and the local public to hold the ' peon as law-breakers and dis honest persons seeking to avoid their lust obligations, convince patriotic cared to purchase and would assume the duties and obligations of the mas ter. Later, however, the law was altered so that the contract could not be abandoned except by. mutual con sent While., the peon was bound to '-'"Invdlunfary servitude, that Is unless he were able to buy his freedom, ret he wss not a slave, as slavery existed j In tho South, ;for he was a freemau' with political as well as civil rights, -and his children were not peons. f Following the; passage of the thlr . ' teenth amendment to the constitution , of the United states, tho courts of the ' Territory of New Mexico released peons . from bondage on writs of habeas corpus. But it was not all peons that cared to uae advantage of . the law. They had become so de j graded that they did not care to be .free, and . besides ; their masters re sented the new order of. things. Such was the condition in New Mexico un- ' til Congress determined to destroy the system, not only as it existed in. New '"'Mexico, but to make the system irc poss.wle In i4er territories or states of the onion. So in 1867 Congress en- ; acted laws , to; the . effect that "the holding of any person to senlce. or labor under the system- known ', as peonage is abolished," and provided xecio yvuuues ior me violation or the same. These acts put an end to peonage in Wew exlco. ".-'. Peonage in. the South, i ? Peonage, so called, next made- its ' appearance In the ; southern states. - ;But there it had little in common with the pecnage pf New, Mexico, other than that it; as a form of involun- tary fcervjtudei and that it was under i juries that the defendants, accused of 'color of law 4 The laws of. Alabama J peohage' should not he convicted for ' give a good! example , of the way it enforcing, still less for threatening to was done. There the legislature passM enforce, the laws of their state." i : ed laws providing that any person f Attention is also called to the fact who with intent to injure or defraud I that the peonage decision of Justice ; his employer entered Into a written Hughes was not the unanimous de- - contract for services, and thereby ob-l cisica of the supreme court of :tlie - taiued from his employer money or United Statc3, as a dissenting opinfen , cmer personal propeny ana witn Use: was handed down Dy jusuce itoimea intent and without .Just cause, re . fused to perform the services, should ' be punished as though he had stolen the money or goods. On conviction for such offense the defendant was - punished by a double fine. The law also provided that the refusal to per form the .services or to refund the .; noney .was; prjma facie evidence of the intent to injure or defraud. There Mas also a rule of evidence enforced fcy the courts, to the effect that the accused, for the purpose of refut ing the statutory presumption, could j : not testify as to his uncommunicat cd motive, purpose, or intent Under such laws the average negro had no chance.- He is almost always without money; and even should he ' have monej', would never pay cash for anything If it could be secured r on credit. A negro having once pur chased something on credit all that was .necessary was to swear out a warrant under the law and have the negro convicted. The fine would be double the amount due; together with costs and an attorney's fee. After !the defendant's conviction the. '-per- son who desired his services pa id the amount of the fine and the negro- became virtually his property until -the fine had been worked out. There VT. was' also a lot of laws for the break ing of which negroes were arrested. Offenses though were really of no mo ment. The laws having been passed for thr benefit of those who desired labor. who by the way at the time of his appointment was supposed to be rath er radical and a friend of labor. inmaSIa EMPEROR FRANZ JOSEF CELEBRATES BIRTHDAY, BERLIN, Germany, Aug. 19. The 86th anniversary of the birth of Fran cis Joseph I, emperor of Austria and king of Hungary, was celebrated here yesterday, impressive services being held in St Hedwig's church, the cere monies being attended by many diplo- S mats and military ; and naval officers 5 of numerous nations. ; Dr. von Bethmann-Hollweg was in attendance,- as v.-ere also Dr. Helffer Ich, American Ambassador Gerard, with naval and military attaches, and Swedish and Chinese diplomats. The Austrian emperor's birthday was observed with much demonstra tion both in this city and Vienna. wnstner ins had committed some onense . luo cuec-cion vac- "t-i negro ASQUITH HINTS AT RIGHTS FOR WOMEN AFTER WAR LONDON. England. Aug. .19 Pre mier Asquith declared in the house of mmmnns restrrdav tbftt it would bo impossible during the period of the w ar to consider' any undertaking in- ; volving a new franchise or registra j He Iiiiu oy m$ siateiUGiits tnu. any new frsnchiss bill brought up ir. s :-: '. -.v.;;; .-.. ;; : Z,y ticket appeared before-a .real S JE? L??lL t meeting of wcrnen in the Palace he- ,fic wind prevailed, re.en ing ocf.asion dpa, hat toward evening. Last night t h ff ft and AnK.ricanism. . For a terri sdmew it was reported that it was believed the worst of the big blow, was over as' far as that section was concerned. the future must include women. MARQUIS CREWE GETS IRISH PORTFOLIO LONDON, Ensland Aug.'. 19 Rol; ert Offley Ashburton Crewe-Milnea Marquis Crewe, former secretary oi state for India, and who was secre tary of state for the colonics, 1 908-1 C, author of stray verses and articles on Ireland, 58 years of age. has been aj jo;ntea president of the board of edu cation. BELGIANS IN AFRICA -TAKE TEUTON TERRITORY HARii. South Africa, Aug. 19 Offi cial despatches report the capture and occupation of Port Karema, in German East Africa, by a brigade, of Belgian troops. Smith Taylor was arrested at Rock land, Me., charged with the murder of Judge Hollis of Centreville, Ala, Reiterating hi.s stand on the suffrage question, he elicited tho sincere ap plause of his many hearers. Strong Policy Needed. Mr. Hughes gave it an his conviction that, under proper leadership it wou!d be 'possible.-for the. Tnited b'tate-s to attain those idea's for which tho wom en were striving, but that a io!icy ot vacillation would never accomplish anything permanent in the way of prcgres3. Never i any time in the history of tlic t:nit?d States was it more necessary to havn a delinite poli cy and unswerving administration. The candidate addressed an im mense crowd-ate the sreat civic andito rium last night. Ho received a tre mendous ovation. A White shark, one of the most vici ous of the shark family, was caught in Jamaica Bay. Walter J. ' Hayes, Col. Roosevelt's military secretary, was seized with cramps while swimming at Oyster Bay and had a riarr'pw escape from drown ing. .-' . Phone 4 121 Make a prof it with hens when your eggs are high in price by feeding International Poultry food all the time.. Scientifically compounded to pro duce a balanced, egg-making ration. California Feed Go Ltd v Hundreds of tons of New Gobds brought in by recent boats. i--v- fi It . -: : -. .' - ': ' .. . '.;';- , - . . ; : ; : I go o nlIJIJ (gj t)(o)rffl;i ILlScI! I New Stock of Sporting Goods of Every Description Refrigeriifor Keeping the food pure and sweet both before and after cooking is well nigh as important, from the standpoint of health, as the cooking itself. The Sanitor is constructed along scientific principles that keep the air in the various chambers constantly circulating, dry and sweet. . The provision chambers are lined .with One-piece Porcelain Steel which is as easily cleaned with hot water and soap as a porcelain wash bowl. The Improved Drain-Pipe and Trap excludes all warm air, dust particles, insects, etc., from entering in that way. We have the Sanitor metal lined Ice Chests and Refrigerators from $9.50 upward. Install m your workshop lHandly Worker 1 vTVF Price $17.50 No. 1 Universal Food $n .25 Chopp er, special for Monday and Tuesday only. Regular $1.65. Cuts 4 different sizes. 6Sw Auto Tool Kits containing tools for every need about an automobile, binations from $1.50 to $8.00. Corn- Large assortment of Lightning Screw Plate Sets for ma chinists and auto repairing. Just arrived. The handiest and most practical outfit sold. A tool that combines several Working devices in compact form. Every farmer, owner of a home work shop, store, or garage, plumber, etc., absolutely needs this combination tool. Bolt it to a table or working bench and it is ready for, business. r. ' It combines a strong, powerful, steel-faced vise, steel pipe vise which will grip pipe up to 14 inches in diameter, an anvil, strongly and substantially made, a steel cutting hardie, a drill press which can be operated at two speeds, and a corundum grinding wheel. n In fact, there are a hundred and one useful things that ' a person can do with this wonderfully convenient house hold necessity. Price $17.50. New MEPHISTO Chisels Complete assortments In these top-notch wood-cutting chisels is combined, a re markably fine quality of steel (we have seen a 4 penny nail cut in two without leaving a nick in the chisel!) with a care fully reinforced hardwood handle that is expected to last longer than the blade of the chisel, even when hammered upon. Sold in complete sets or singly. E2E o O O 9 0 -guslFvrrfi V - i r.