Juniata sentinel and Republican. [volume] (Mifflintown, Juniata County, Pa.) 1873-1955, 1885-01-14
Now IN tb. pre,.ut case. not only i, there

no statute emitting the plaintiff TO recover
his claim, but even if there were, still thers
was no conviction of the tramps and lawful
discharge after expiration of sentence.
The first section of the act of 30th April,
1879, defines a tramp, and makes his Of
fense a misdemeanor, punishable BY i'm
| prisonment ssfor not more that II months
in the diseresion Of fhe court" Tho fourth
section provides "for his arrest, and .
hearing before justice, and discharge or
commitment for trial a. in the case Of =
misd emeanor. The act does not eontem
plate a commitment for lodging, and sub
sequent trial before the justice and dis
charge from imprisonment. 1t regards the
tramp As a cIiminel and provides for his
punishment, its purpose is The suppression
of vice, and not to encourage it at the pub
lie expense. s'The Jail is not an aims house,
and jsilors cannot be administrators of poor
fund.-" County of Cumberland vs. Hole
court, ~ C., 354. Gilkyson vs.. County Of
Bucks. 8 Norris 90.
Nor is the plaintiff any better entitled to
his costs in ths case of vsgrsncy. The SD
section of the 18th June, lS36-Purdon, p,
l453-deflnss vagrants, and provides that
they shall be liable to the penalties imposed
by law. That act does not Of itself per-
scribe any penalties, its purpose is the en-
actment Of poor laws. The penalties i'm
posed BY law were to be found in the first
section of the act of 2lst February, F67-
Purdon, p, 1853, pl, 2, Sec. Smith Laws
26S. After defining who are idle and disor-
derry persons it provide. FOR their convic-
ton before justice Of the peace, and COM
mitment to the work house or Jail, there to
be kept at hard labor for any time not ex-
ceediDg one month. Bat the first section
of the sans act of 1867 is repealed, and
vas before tho plaintiffs alleged cause of
action, by the act of May IL, 1883, ?. l..
page 50, and the s2d section OF the act of
18th June, 1886, as also the remainder of
the said act OF l167 relating to this subject
have been supplied by the act of Sth May,
1876, and all acts or parts of acts inconsls
tent therswith were thereby repealed. Ses
2. l.. page l54. 1t is entitled, ''an act. to
define and suppress vagrancy," and is so
far as we are aware, now the only statute
in force on the subject. The seventh sec
ton provides for the fees Of the officers
4. mil tunan nt
made xnder fhi, act.'' Tbs section was
amended by the act Of I'd May, 1873, and
subsequently the fees of justices Of the
peace were fixed at % cts, by the act Of
18th Nay, 1879, and all acts or parts Of acts
inconsistent herewith are repealed, 2. Ia.
of 1879, page 64. But the act ef the Sth
May, 1876, provides in the second section
that any person convicted of violating that
act shall be committed '.to labor upon any
county farm, or upon the roads and high
ways of any city, township or borough, or
in any house of correction, poor house,
work house or common jail, for term of
not Less than thirty days and not eXcesaing
SIX llODluS anu 50 -NOW ~ 10
fest that sentence to the common Jail Of
J1niata county for the term of twsIre hoUrs
At hard labor, is not a commitment undoc
that act, nor under any law ia existence that
We are aware of. The sentence being with
/ out warrant of law, and the commitment
/ illegal the county cannot be made charg-
il
| enr that the commitment was made for the
/ benefit OF the vsgrsnt instead Of in Rsaish-
ment OF his offense. The county is made
20 suffer and the criminal is INDUCED. Not
so is vice suppressed, and the rights of the
commonwealth protected. In every civil
| lized community laws are enacted in relief
OF the poor aud unfortunate. The humane
laws of this Commonwealth are ample for
| that purpose. Bnt trsmps and vagrants are
not entitled TO these benefits They are
! enemies TO good government and parasites
upon the body polite, deserving no charity
| but requiring 10 be punished and suppress
ed. This is in accordance with tie teacS-
] lHR VI lit uOsfCi, az wen a. NV NSSaN4@
rion of law. Paul says in hi, second letter
/ to the Thessaionisns, .For even when We
were with you, this We commanded yea,
I that If any would not WORK, neither should
he sa:,' Every encouragement given to
tramps and vagrants is a burden laid upon
the tax paying community and an injury
/ done to individual owners of property and
! unprotected female inmates OF farm houses.
Let the poor laws be administered in chris
| tizn charity. and the criminal law in aecor-
dance with its true latent and purpose.
! But let us he csrei al that no mistaken char
/ ity aids and eInboldens the vicious aud op-
press those entitled to protection. 1t is
plain that the Plaintiffs claim is not only
wIthoa; law, but against Law, and that the
J=siice erred in rendering judgment in his
favor, and now. 3Oth Decs.abec, 1854, the
iud msnt OF the Justice is reversed.
CHARLES a. BARNETT,
fTesidsnt Judge.