Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1899-08-19
Guests of the County.
COMMUNICATIONS

In your paper OF last week, under the
caption they were not burglars IS found
reported proceedings OF our two Magis-
terial courts in the trial Of seven tramps
arrested from off the b. * O. Rail Road.
The grounds for arrest, the character OF
the charges subsequently presented and
the VARYING results of the trials in the two
courts are striking facts in proof OF un-
equal justice sometimes rendered through
feeble or heroic Interpretation OF Statuary
law BY both executive and Judicial Off
GERS. Tramps they were, travelling
through our city with no further thought
of harm to our people, perhaps. than cali
ing at the back door for something to eat.
Their detention at the point in their jour
ney came of the coincidence of general
house robbery and their presence in the
city about the same time. Having been
arrested on suspicion of being the robbers
and found innocent of the charge, was it
the part of wisdom to forcibly detain them
in all I7o days as guests OF the county at
a cost of about Sis. to the county. Why
not have let them 90 on, for we know not
what mother with long watching eyes,
and white lips cold and dumb, waits with
10 return" These men not found to be
the robbers, were then charged with tres
passing on property Of the B. & Q. 4. r..
Co. and carrying razors. II 1t had happen
cd that they had no razors and had not
trespassed on the property OF the B. < Q.
r. X. Co. and not being the robbers they
would have been released from custody.
In that case the officers who made the ar
rests, the magistrates who sat in the trials
would have earned no fees and the jailor
had no board bill, all to bepaid out of the
county treasury. The trespass and razor
clause of the Statute was applied, and
the tramps were convicted OF the same de-
gree of crime. But what seems remark
able one court sentenced four of them
each to 20 days in Jail and the other court
sentenced ) Of them each to so daysin jail.
1t matters little to the tramps whether
they board and lodge with our jailcr
twenty or thirty days, they simply have a
good rest, nothing to do and find in Mr..
and Mrs. Smith clever host and hostess
to look after their needs. The tramps are
not punished, but the tax payers of Berke-
ley county are punished by this heroric
application of the razor and trespass clause
of our statute. Thousands OF tramps en-
ter our State from the east and the west
over the B. < o. X. X. during the year.
In all other counties of the State officers
urge them to move on unless they commit
some crime. Here in Berkeley county the
razor and trespass clause is applied TO the
letter Of the law. The application enables
our officers to easily make many fees. 1t
is observed too that the constables when
they go hunting tramps along the B. & Q,
railroad have deputy sheriff to lead
them. The Deputy Sheriff makes the ar
rest assisted by constables deputised to
aid him and then they all make dollar
on the arrest of each tramp. If the con-
stable makes the arrest alone he receives
only sixty cents for each arrest. This
would seem to be an abuse of the letter Of
the law. 1t is the letter and not the spirit
of the law that klletl. If our officers
administered the law with discretion akin
to the spirit of the law, less alarm will be
ielt by the tax payers of Berkely county.
READER.