t,
where its disposition may have an important bearing on similar
statutes in other Southern States. The government contends that the
Alabama statute permits peonage in violation of the Federal
Constitution.

The test case is that of a colored man named E. W. Fields, who was
convicted in Monroe County of larceny. Upon his failure to pay his
fine, J. A. Reynolds, a plantation owner, became surety for him, and,
as permitted by the Alabama law, contracted to work out his
indebtedness during nine months at the rate of $6 a month and keep.
The government charges that Reynolds later had Fields arrested for
failing to complete the contract. As a result of the arrest, Fields,
in court, entered into contract to work fourteen months for G. W.
Broughton, another plantation owner.

Both Reynolds and Broughton were indicted by the Federal government,
but the Federal district court for southern Alabama held that peonage
had not been committed.

I want to ask your attention in passing to a few points about this case.
First the Negro laborer is convicted on a charge of larceny. This charge
might have been trumped up by some white person who wanted the Negro's
service. I do not know. I would not take the word of a Southern Court on
this point. At any rate the Negro laborer is convicted and a fine is
imposed upon him, which he is unable to pay. Now comes the opportunity of
the white employer, who happens to be conveniently in Court, to come to
the rescue of the poor Negro. He pays the fine and the Negro contracts to
pay him back by giving him nine months of his labor. The Negro thereupon
enters upon the performance of this contract, but fails for some reason,
not stated, to finish it. How long he worked does not appear either, but
this much does. He is haled into Court a second time and a second time a
fine is imposed upon him. And again an employer, who is opportunely
present at the second trial, pays the fine. The Negro now binds himself to
the service of this second man for fourteen months, which, to use a slang
expression, is surely "going some." At this stage of the game, however,
the United States Government stepped into the case, otherwise a third
charge might have been preferred in due time, and again the term of
involuntary service lengthened, and so on ad infinitum until death
released the victim. This is a well-known Southern method for multiplyi