The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-09-07
JUDGE SWEAT QUOTES LAW.
He Addresses County Authorities on
the Subject of Convict Work.


Waycross, Ca, Sept. 6.-Here is a copy
of letter of instruction addressed to-day
by Judge j. L. Sweat to the various
clerks of the superior courts of the differ
ent counties of the Brunswick judicial
circuit:
Dear Sir-Iis Excellency w. Y. Atl1in-
son, the chief executive of this state,
whose duty it is to take care that the laws
are faithfully executed, has brought to
my attention the fact that sentences i'm
posed by the courts of this circuit as for
a misdemeanor, have not been faithfully
executed, and that instead thereof convicts
have been hired to private persons in vio-
lation of law, and has requested that L
see to correction thereof.
"Misdemeanor offences and certain felo-
mics, in the discretion of the court, are
punishable by a fine Imprisonment, work
in the chain-gang on public works, or on
such other works as the county authorities
may employ the chain-gang, provided that
they are not authorized to give the con-
troll of the convicts to private persons,
and sentences are passed accordingly.
County authorities may organize chain
gangs for the purpose of working convicts
sentenced to misdemeanor sentences on
the public works, or roads, and may con-
troll them for that purpose, providing suit
able places for their safe-keeping, and
may be necessary therefor, and one or
moro counties may combine and keep and
work their convicts together on such
terms as they may agree upon.
incorporated cities, towns or villages
may also organize chain-gangs and work
misdemeanor convicts on their roads,
streets or other public works.
County commissioners or ordinaries
may provide for the working of misde-
meanor convicts upon either county or
city chain-gangs or furnish them to
chain-gangs in other counties.
Now 1 desire you to lay this communi-
cation before the proper authorities in
your county with a request that imme
date action be taken by them looking 10
the proper disposition and punishment of
misdemeanor convicts, and to make such
preparation therefor as may be necessary.
L have also notified private persons hiring
convicts from officers in this circuit, and
who are now engaged, illegally, in work
ing the same, to arrange for remanding
and delivering the same up to the custody
of the proper authorities. Upon the re-
ception of any such convicts by the county
authorities, they will be worked only for
the remainder of their unexpired terms,
deducting from their sentences their time
which they have been worked by private
persons, and such time as may have been
allowed for good behavior. Thirty days
from this date is given to county authori-
ties and private lessees of convictS under
misdemeanor sentences in which to con-
summate such delivery, and If upon the ex-
piration of such time such delivery has
not in any instance, been consummated,
then the court under orders 10 the sheriffs
of the different counties. will Immediately
have such convicts taken charge of and
remanded to jail for a faithful and legal
execution of the sentences of the court
upon them.
I'm causing restitution of convicts he'd
by private persons to the proper county
authorities, and within the time specified,
the matter of equitable adjustment of the
hire paid for convicts rests entirely with
such authorities who may or may not, as
they see proper, refund a due proportion
of the hire received. desire you to as
certain the names of all convicts under
misdemeanor sentences who are now held
by private persons under contract or
lease, and whether they are under SEN
tence from the superior, county or city
court, and by whom and where held, and
furnish same to me at the earliest prac-
ticable day.
The question of expense or hardships
upon counties or individuals is matter
not to be considered, but the laws and
duly constituted authorities of the state
must be obeyed and respected. Very tru-
ly yours, J. L. Sweat,
Judge g @ r q