[12] 322 U.S. 4 (1944). Justice Reed, with Chief Justice Stone concurring, contended in a dissenting opinion that a State is not prohibited by the Thirteenth Amendment from "punishing the fraudulent procurement of an advance in wages."—Ibid. 27.
[13] Civil Rights Cases, 109 U.S. 3, 23-25 (1883); Plessy v. Ferguson, 163 U.S. 537 (1896).
[14] Hodges v. United States; 203 U.S. 1 (1906).
[15] Robertson v. Baldwin, 165 U.S. 275, 282 (1897).
[16] Butler v. Perry, 240 U.S. 328, 333 (1916).—Work-or-fight laws, such as States enacted during World War I, which required male residents to be employed during the period of that War were sustained on similar grounds, as were municipal ordinances, enforced during the Depression, which compelled indigents physically able to perform manual labor to serve the municipality without compensation as a condition of receiving financial assistance.—State v. McClure, 7 Boyce (Del.) 265; 105 A. 712 (1919); Commonwealth v. Pouliot, 292 Mass. 229; 198 N.E. 256 (1935).
[17] Arver v. United States (Selective Draft Law Cases), 245 U.S. 366, 390 (1918); United States v. Brooks, 54 F. Supp. 995 (1944); affirmed 147 F. (2d) 134 (1945); certiorari denied, 324 U.S. 878 (1945). It may be noted in this connection that labor leaders have contended that conscription of labor in time of war, unaccompanied by nationalization of industry, would mean that the conscripts, having thus been forced by the Government to work for private profit, would be reduced to involuntary servitude. This position is not supported by the precedents.—See Corwin, Total War and the Constitution, 89-90 (1947).
[18] Brown (Marcus) Holding Co. v. Feldman, 256 U.S. 170, 109 (1921).
[19] United States v. Petrillo, 332 U.S. 1, 12-13 (1947). Injunctions and "cease and desist" orders in labor disputes have also been repeatedly sustained against charges by labor that the prohibitions of this amendment had been violated. See Auto Workers v. Wis. Board, 336 U.S. 245 (1949), in which application of the Wisconsin Employment Peace Act in support of an order forbidding recurrent, intermittent work stoppages for unstated ends was held not to have imposed involuntary servitude. See also Western Union Tel. Co. v. International B. of E. Workers, 2 F. (2d) 993 (1924); International Brotherhood, Etc. v. Western U. Tel. Co., 46 F. (2d) 736 (1931), certiorari denied, 284 U.S. 630 (1931).
[20] United States v. Harris, 106 U.S. 629, 640 (1883). An act of Congress which penalized a conspiracy to deprive any person of the equal protection of the laws or of equal privileges and immunities under the laws was accordingly held unconstitutional insofar as its validity was made to depend upon the Thirteenth Amendment.
[21] Civil Rights Cases, 109 U.S. 3, 20, 23 (1883).