State v. Armstead

Citations

• 103 Miss. 790
• 60 So. 778

Syllabus

<p>1. Criminal Law. Constitutional law. Police power. Legislative power. Constitution 1890, section 15. Master and servant. Involuntary servitude. Freedom of contract. Code 1906, section 1147.</p> <p>It is proper for the legislature to enact laws to maintain social order, to' promote the general welfare and happiness of the people. It is the duty of the legislature to provide by statute proper rules for the citizens’ conduct, to safeguard the life, liberty and rights of the people, but this must be done within constitutional limitations.</p> <p>2. Constitutional Law. Involuntary servitude. Code 1906, section 1147.</p> <p>Section 1147, Code 1906, providing for punishment of a laborer,, renter or share cropper who has made one contract in writing, and makes a second contract without giving notice of the first, is violative of the Constitution of 1890, section 15 and the thirteenth amendment of the Federal Constitution as imposing involuntary servitude, otherwise than as a punishment for crime and as restricting the right of contract and abridging the privileges and immunities of citizens.</p> <p>3. Same.</p> <p>While the police power of a state is broad it cannot justify the enactment of a law which amounts to an arbitrary and unwarranted interference with the rights of the citizen which are guaranteed by the Constitution.</p>