Daily Republican., 1883-08-18
Enforcing the Tramp" Law.

W DlhiuC iVi ~" ""Sc''
Enforcing the Tramp" Law.
fany thing it is amusing to watch
the efforts to place the responsibility
for the non-enforcement of the tramp
law upon Mayor Wales. Even had he
been permitted to retain all his func-
tions as Mayor it is doubtful ifhe would
have been justified in enforcing sucf a
loose, disjointed, tramp law. While
everybody comedies with the idea that
tramps should be arrested and put to
work upon the streets, in the quarries
or wherever their labor can be made
profitable, it must not be forgotten that
tramps have iualienable rights under
the constitution that cannot be lightly
overlooked. As usual with the laws re-
Gently passed by the Legislature there
is flaw somewhere that renders the
law either imperative or makes it RI
diculous if an attempt is made to Ell
force it. This is particularly the case
with the water comm ission law and the
law establishing the municipal court.
The first falls upon the publicyas dead
letter; the latter though permitted to &C
into operation is only used as a "bum ;
and drunk court. An attempt &c
carry out the full intent and meaning Of
the tramp" law passed in 1879 would
make it so ridiculous that it would
lose force and respectability and il
would soon sink into ridicule and con
tempt. In the first place, when the
Jaw was passed Mayor of Wilmington
meant something more than the title
Since then new king has arisen and a
Judge sits in the Mayors place, clothed
with all his functions SO far as they re-
late to the enforcement Of the laws
The municipal court, then, and not the
Mayor is responsible for the non-en.
forcement of the tramp" law. Bu'
we would not even ask the municipal
court to do impossible and inconsistent
things, and we are not surprised that
Judge Cummins hesitates to proceed tc
the length of putting tramps to hard
work. Only a certain class of them
anyhow is singled out by the law to b.
put to work, the class that cannot entel
into bond of $500 for his appearance
at Court to answer the charge of being
a "tramp." Those who Can give thi
bond can still tramp around until th
court meets. If he should appear to an
swer, we can imagine the constitutions
and legal points that would be inter
iected into the trial, such as whether i
is a crime, within the meaning of tn
constitution, to be tramp and whethe
man has not right to 60 where h
pleases and as he pleases if he keep
upon the public highway. A jury o
farmers might be found who would con
,ict the tramp without much persua
sion, but we have an idea the coul
would hesitate before intiicting a sci
tence, remembering that there are higf
er courts. But the poor fellows VIII
cannot give bond of $500 are the one
who are to be PUT to work, without
trial, without Judge, without jury.
Who will begin this work ?
There are number Of "tramps'
over in the Jail now, who could nc
give the required bond they are read
for work. They are no more guilt
than the fellow who gives bond, bu
they need no trial. Why should thi
distinction be made? Did our Legi!
Iature try to create class of aristocra
ic tramIs, too good to work? This yer
discrimination discloses the weaknes
and Inconsistency Of the law. If it is
crime to be ii tramp The crime sboul
be- ascertained in the same manner pr
scribcd for the $500 aristocratic tram
If the Legislature really wanted to pul
= ish the tramps, il could have done
without :hc passage of such lame, in
> potent act that works its own defea
: All that was wanted was the additit
4 of half a dozen lines TO theSheriil's dul
authorizing him 10 put vagrants, SCI
to jail to work. The old vagrant a,
u covered the case only so far as +
Il lated to work, and this, as We have 9
u ready stated, could have easily he,
- supplied.
y Wedouht, however, if any troul
would arise if Sheriff Martin wou
: detail II gang TO work, if he could W
= cure work, or if our city officers were
= put few OF them TO work upon II
streets, or if the contractors of the ne
'"i'i'"'' ''r' w I''t " i'N VI lICll
- the qlarries or in he eXcaTaling pits, b
w. there will still remain that feelin..
' the part Of committing magistrat,
! that the law is weak and lame and til
" alone will d te th"In from carrying o
> ITS full intent and purposes. Clear
" however, Mayor Wales, now that h
- powers us ID committing magistra
u" have been delegated to another, shou
" not be held responsible for any failu
or enforcement of the law. Two thin
are needed to make the laws more
)" fective in Delaware: More comm,
= sense in the enactu,it Of the laws, o.
- :, less partisan pIunGe. - TO put the La
y in the hands Of polOI,al partisans I
enforcement.
Ut $500.
q