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nOKOTT.TT STAR-BULLETIN, SATURDAY,- At GUST 19,
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ATTORNEY WRITES UPON PEONAGE:
TELLS OF COURT INTERPRETATIONS
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
HUGHES TALKS ON
Troops Driven From Tents,' Republican Candidate Gets
Take Shelter in City Hall
Cordial Reception at
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
;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
tr;i!n which brou.-jrlit
Hughes to 'this ritv
at 1 o'e'ock vrs-
VILLA BANDIT GANG HOLDS
UP TRAIN: TAKE GUARD OF
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
SENATE PASSES SHIPPING '
BILL BUT ELIMINATES j
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
! 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
POSTPONING OPENING OF
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
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
Hoilister Drug Co., Ltd.
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
' 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.
EMPEROR FRANZ JOSEF
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.
had committed some onense
. luo cuec-cion vac- "t-i
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.
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
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
HARii. South Africa, Aug. 19 Offi
cial despatches report the capture
and occupation of Port Karema, in
German East Africa, by a brigade, of
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
A White shark, one of the most vici
ous of the shark family, was caught in
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
eggs are high in price
by feeding International Poultry food
all the time.. Scientifically compounded to pro
duce a balanced, egg-making ration.
v Hundreds of tons of
brought in by recent boats.
i--v- fi It . -: : -. .' - ': ' .. . '.;';-
, - . . ; : ; :
I go o nlIJIJ (gj t)(o)rffl;i ILlScI!
New Stock of
of Every Description
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.
No. 1 Universal Food $n .25
for Monday and Tuesday only.
Regular $1.65. Cuts 4 different sizes.
Auto Tool Kits
containing tools for every need about an automobile,
binations from $1.50 to $8.00.
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
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
Sold in complete sets or singly.
V - i r.