Today in Supreme Court History: December 26, 1907

12/26/1907: Lonzo Bailey entered into written labor contract with the Riverside Corporation. This contract gave rise to Bailey v. Alabama (1911).

The White Court (1911)

 

Comments

[JoeFromtheBronx]

This case is one of the "peonage" cases. To quote the opinion:

"A peon is one who is compelled to work for his creditor until his debt is paid. And, in this explicit and comprehensive enactment [1867 Act], Congress was not concerned with mere names or manner of description or with a particular place or section of the country. It was concerned with a fact, wherever it might exist -- with a condition, however named and wherever it might be established, maintained, or enforced."

The Supreme Court used such cases to show the breadth of the 13th Amendment, particularly the reach of the barrier of "involuntary servitude." The amendment leaves open prison labor.

It does not allow servitude simply as a debt enforcement mechanism. The technique was a means (with disparate racial overtones) to uphold a sort of quasi-serfdom.

(Shades of people being jailed for bankruptcy in the days of yore.)

A broad interpretation of the 13th Amendment was a possible approach to address labor issues, including the right to a union and collective bargaining. "Free labor" would require such things.

Congress used the Commerce Clause (mixed with the tax power) instead. This was somewhat unfortunate since the alternative has value in directly addressing the needs of workers instead of a general concern for commerce.

https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1116&context=dlj