The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-06-19
CITY PRISONERS DON'T WORK.
SHERIFF ROMAN ENTERTAINS THEM
AT THE JAIL.


Present correspondence BetTeer
County Attorney Saussy and Re
cOrder HartridEe on the Question
A Suggestion That the COnvicts H'
Turned Over to the Park and Tree
Commission to Keep the Parks and
Squares In order.
There is some talk of the city turning
over the police court convicts to the park
and tree commission, to be used by the
commission in keeping the parks and
squares clean and the grass trimmed,
At present the police court convicts are
confined at the jail, where they spend
their sentences in idleness, and are fed
by the county The county authorities
are anxious to get rid Of them, as they
crowd the jail, and are, generally speak
ing filthy, refracto and disorderly lot.
Judging by the expense book kept at the
health of the city prisoners to put them
where they will get fresh air and exer-
else The entries on the book show that
these prisoners call for a large quantity
of medicine, and this has become con-
siderable item of expense.
Many of the police court prisoners were
formerly sentenced to Imprisonment at
labor, which meant that they were to
serve out their terms at the county con-
vict camps. There was always some
doubt as to the legality of this, however,
and an opinion was rendered as far back
as 1891 by the city attorney Mr.. S. B. Ad-
ans, at the request of Mayor McDonough,
in which he gave as his opinion that there
was no authority for sentencing offenders
against municipal ordinances to the coun-
ty chain-gaug. The practice was contin-
ued, however in spite of the city attor-
ney's opinion, the hard cases being usu-
ally sent to the chain-gang.
The number of city prisoners in the Jail
was recently the subject of discussion by
the county commissioners, and by instruc-
ton of the board County Attor-
ney ]. R. Saussy addressed communi-
cation to Recorder Hartridge on the sub
ject. Mr.. Saussy's communication is as
follows:
Savannah, June 49, 1S97.-Hon. w. c..
Hartridge, Recorder City of Savannah:
Dear Sir-By direction of the county COM
missioners, 1 beg to call your attention to
the number of prisoners confined in the
county jail, under sentence from the re-
corder's court. Under section 1914 code of
1852, sec, 1l37 penal code, when misde.
meanor convicts are sentenced to work
in chain-gang on public works or roads
or are confined in Jail for non-pay-
ment Of fines, ETC., the county commits
sioners of the county where the convic-
tons were had or where the convicts are
confined, may place them in the county
or elsewhere to work upon the public
works of the county in chain-gang or
otherwise.
The county Jail is now crowded with
prisoners awaiting trial, and the commits
sioners would avail themselves of the pro-
visions of the above law, not only to re-
leve the Jail, but to secure for the county
the benefit of the labor Of the prisoners
from your court if they come within the
terms of the section of the code above
cited. VIII you kindly inform me
whether the convicts in the accompanying
list have been sentenced specifically to
imprisonment without labor" or if they
are confined In jail for non-payment OF
lines, so that such of them as may be
amenable to labor on the chain-gang may
be taken to the county convict camp to
VIZ n OhA AAAtll term u imprisonment. ana
would further ask that the commitments
be in each case specific in directing wheth-
er the Imprisonment shall be without labor
or at labor on the public works.
II there be a question in your mind az
10 placing convicts from your court at
labor on chain-gang, Notwithstanding sec
ton 49, penal code, l would be glad to
have your views. Very truly yours,
j. r. Saussy, County Attorney.
In In Ite~A
city prisoners now in the jail with SEN
fences varying from five to thirty days
each.
In replying to Mr.. Saussy's communica-
ton Mr.. Hartridge says: "In reply to
your question / beg to state that il was
not my intention at the time of imposing
sentence that any of these parties should
be placed upon the county chain-gang.
but that they should be confined in the
county jail for specified terms in lieu of
the payment Of certain fines. In some in
stances the sentences were confinement
without the alternative of a fine.
While / would be glad at any time TO
do anything that l could, consistent with
my idea of the proper punishment to be
administered to the culprits, to relieve the
crowded condition Of the jail, yet 1 am
constrained to hold to the opinion that
the recorder of the city of Savannah has
no lawful warrant or authority 20 SEN
tence a culprit to labor upon the county
chain-gang. Under the view of the law
that l entertain, sec. 4Sl4 OF the code of
1882 does not apply to the recorders court
OF this city. In the case of Carr VS.. city
Of Conyers, 81 Georgia, PSI, the supreme
court of this state held that TO consign
TO the chain-gang for failure
to pay a fine imposed for violating mu-
nicipal ordinance II is at least necessary
that the power should be conferred by
statute.
BY the third section of the act OF 1876,
81 is provided that prisoners sentenced to
labor by the mayors or recorders court
OF the city of Savannah shall be turned
over to the mayor and aldermen OF said
city TO be put to work upon the streets or
other public works in or around said city"
In view of the clear and unamblguous
language Of the act / see no course left
open to me, save to imprison in the COM
mon jail, 80 long as the mayor and alder
men fail to avail themselves of the pro-
visions of this law by organizing the
prisoners from the recorders court into
a municipal chain-gang for work upon the
streets of the city or other public works IN
or around the same"
Mr.. Hartridge refers also TO the opinion
OF the city attorney, rendered IN 1891 OF
~nich he says he ayailed himself fully.
In speaking on this subject Mr. Hart
ridge said that while he beUavoN 10 D.. a.