139 Ga. 609 | Ga. | 1913
The constitution of Georgia declares that “no person shall be deprived of life; liberty, or property, except by due process of law.” Civil Code, § 6359. The Court of Appeals desires an instruction whether Civil Code §§ 3712 and 3713 are violative of this provision of the constitution. These sections are as follows: “§ 3712. Interfering with certain relations. When the relation of employer and employee, or of landlord and tenant of agricultural lands, or of landowner and cropper has been
It is urged that an enforcement of the statute will deprive a citizen of his right to labor and to contract with reference thereto without incurring the penalties written in the statute, and therefore deprive him of his property. “The right of property preserved by the constitution is the right not only to possess and enjoy it, but also to acquire it in any lawful mode, or by following any lawful industrial pursuit which the citizen, in the exercise of the liberty guaranteed, may choose to adopt. Labor is the primary foundation of all wealth. The property which each one has in his own labor is the common heritage. And, as an incident to the right to acquire other property, the liberty to enter into contracts by which labor may be employed in such way as the laborer shall deem most beneficial, and of others to employ such labor, is necessarily included in the constitutional guaranty.” Braceville Coal Company v. People, 147 Ill. 66 (35 N. E. 62, 22 L. R. A. 340, 37 Am. St. R. 206). Indeed, it will not be seriously controverted that the right to labor and the right to contract with others to labor upon one’s property are to be regarded áS property-within the meaning of the constitutional guaranty.
’ This statute is penal in its nature, and is to be strictly construed. Stewart v. Hill, 134 Ga. 598 (68 S. E. 328). In terms it peremptorily forbids the renting, of land to the tenant of an
Again, the next section (3714) provides that “In addition to other defenses, the following defenses in both civil and criminal eases arising under the provisions of the two preceding sections shall be good and sufficient, when proved in every item to the satisfaction of the jury, to wit: 1. For the defendant to show that prior to the alleged violation of said section said employee, tenant, or cropper, as the case may be, had for good reason and just cause abandoned his said contract and terminated the relation created thereby. 2. For the defendant to show as a complete defense all of the following facts, to wit: That, prior to employing or other-s wise contracting with said employee, tenant, or cropper, he received from said employee, tenant, or cropper an affidavit to the effect that said employee, tenant, or cropper was not at the time under a prior existing contract, which affidavit the defendant shall show to the court, and that immediately on proof that said employee, tenant, or cropper was under contract defendant discharged him, and refused to permit and did not permit him to remain on his (defendant’s) premises.” The only complete defenses permissible thereunder after it is shown that the cropper or tenant was under contract, other than a waiver of the contract, are that the cropper or tenant was justified in abandoning the contract, or that the- defendant took from such cropper or tenant an affidavit, prior to the employment, to the effect that such tenant or cropper was not under any existing contract, and that immediately upon proof that the cropper or tenant was under contract
We will not enter into any discussion of that phase of the question as to whether the practical working of the act may produce a state of peonage, as such' is not comprehended in the constitutional question certified to us. We think the statute is void as being opposed to the due-process clause of the constitution.