The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-03-02
LEASE OF THE CONVICTS.
The Grand .Jury'S Recommendation
ImpTdCtiCabIG Yet Awhile.

The Attorney General Holds That
Nothing Can Be Done in the Way of
Turning the Long Term Prisoners
Over to the Commissioners to Work
the Public Roads Until tho Expira-
ton of the Present Convict Lease in
1899.
The agitation of the convict question on
the line that those sentenced to long
terms be turned over to the county COM
missioners for work on the county roads is
by no means a recent thing
twas brought up by the presentments of
the grand jury of the superior court a
day or two ago, in which they recon-
mended that the county commissioners
have bill prepared for presentation to
the next session of the. legislature, provid-
ing for the distribution of long term con-
victs among the counties for work on the
public roads, and other public works.
The last time the matter was agitated
was at the regular meeting of the county
commissioners held July 13, 1892. On
this occasion the county attorney was
instructed to prepare bill for presenta-
tion to the legislature in which it was
asked that law be passed by which per-
sons convicted of felOnies who were sen
fenced TO serve terms of five years or
under could be turned over to the com
missioners for work on the public roads.
THE ATTORNEY GENERALS DECISION.
The result of this discussion and de-
termination was that bill on this line
was prepared, but having some doubt
about whether such law would be held
valid while the convict lease system was
in effect, Mr.. Saussy sent the bill first to
the attorney general and asked his opinion
in the matter.
He received a reply from the attorney
general stating, in his opinion, that he
did not think such an act would be legal,
and referred him to the case of the GeOr-
gia Penitentiary Companies Nos. 2 and
3 VS.. helms and others, in the list
Georgia report This was a case in
which about 250 convicts were employed
after the lease had been made by the Ma
rietta and North Georgia railroad. The
employment of these conyicts was held 10
be illegal by the supreme court.
On the receipt of this opinion from the
attorney general the county attorney diu
not press the bill before the legislature
The supreme court has passed on the
question several times since the lease was
made, and has held that the companies,
which entered into the contract with the
state, have a right to the services
of all the convicts sentenced
for felonies, in accordance with the
terms of the lease The supreme
court, too, has held that the legislature
has no constitutional right to a5rogate
| this lease. The lease would be forfeited,
of course for violations of contract, but
| otherwise, it cannot be taken back.
MUST WAIT UNTIL '99.
The lease was made pursuant to the net
of June q, 1875. The contract, however,
was entered into April /, 1879 and holds
for twenty years from that date. The
lease, then, does not expire until April /.
1899, and until that time approaches all
discussion of the employment of such con-
victs by the counties where they are con-
| victed cannot accomplish the object in
| view.
! Under these decisions the commissioners
will have to wait until the state changes
! its policy with regard to the convicts, be-
| fore they can hope to secure them for
| work on the public roads. The lessees
! have vested right in the work of these
| convicts which cannot be taken away
| from them without just compensation.
In speaking of the matter yesterday
one Of the commissioners said he con-
! CURED in the opinion that the long term
desperate convicts were not wanted for
| service in the county. "Murderers and
| other desperadOes," he said, would
make very undesirable class to have in
| Jue uSlBADOruOOu. buG bHeTe IS anOLn6r
view to take of the matter A large num-
Der, probably the largest num-
Der of convicts are sent up
for petty thefts, burglaries, forgeries
and such crimes, who are not really dan
| gerous. 1t might easily be provided when
| the time comes at the expiration of the
| present lease, that those convicts who
were sentenced to serve terms of five
| years or under, be turned over to the
| county commissioners for work on the
roads, while the others could be provided
for in the state penitentiary. l do not
see that this class of criminals would
! be any more Objectionable than those now
| on the county chain-gang.