The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-08-13
LAW ENFORCED AS WRITTEN.
NO DISTINCTION MADE BETWEEN
GAMBLING AND OTHER MIS-
DEMEANORS.

All Misdemeanors-NO Reason TO
Punish Gambling More Severely
Than Larceny or Assault, when
the Law Places Them in the Same
Grade, Judge FaIligant Says.
Clerk Carr Explains the Method OF
Paying the InSOIvent Costs Bill Of
County Omcers-Inj. RyaIs' Sug-
gestiOns 10 the Grand Jury.
Discussion Of the grand jurys resolution
in regard TO gamblers and gambling in
Chatham county continued yesterday on
the street corners and in the clubs. where
the topic was turned upside down and
inside out Personal experiences and the
ike Information was contributed to the
fund Of anecdote and Renaissance, and
the action Of the grand jury argued out
to its final conclusion.
Judge Falligant said MY position in
regard to the punishment to be melted out
to gamblers upon conviction before me
is simply this: The onense is classed
upon the statute books as a misdemeanor,
ard for crimes of this grade the law pro-
vides and fixes a definite penalty. This
penalty is twelve months Imprisonment
on the chain-gang of the county, six
months in Jail or a fine of $1,000 either or
all in the discretion of the court"
Il am sworn TO interpret the law as 1
find it and ii Is not for me to conclude
that the law regards gambling with an
adherence with which it views no other
ofense Of like grade. It is not for me to
say that l should send a man convicted
of gaming to the jail or chain-gang, with
out allowing him the alternative of paying
a fine. when another convic, led of assault
and battery or carrying concealed weap-
ons or larceny is permitted to assuage the
wrath Of the law by the payment of a
fine. 1t is not for me 10 determine that the
law or public sentiment or both looks upon
gambling as a more serious offense.
worthy Of more condign punishment, than
any one of these other offenses against
person or property that 1 have named"
1T is my custom 10 impress upon grand
juries the evils of gambling and to warn
them that their duty requires that they
shall Vigorously examine into all violations
of this law, and if they determined that
the alleged violator is guilty to present
him 10 court for trial. Ii is my further
CUSTOM when a gambler is convicted of
this offense before me or when ne pleads
guilty to the Indictment, 10 impose the
heaviest penalties that the law permits,
81 900 fine, or twelve months imprisOn-
ment on the county chaiu-gang. l impose
this sentence in the alternative, as l do
also in cases of other misdemeanors. 1
make no distinction in tining or sentenc-
ing these criminals but treat them all
with impartial consideration"
If the law should be changed" said
Judge FaIligant; IF the legislature should
retermine that there was Nervousness
connected with the offense of gambling
that did not pertain to other misdemeanors
l shall, of course execute il TO the letter.
In the meantime, I exercise my best jud.s-
ment and touch these gentry where l
think il will hurt them most, and sub
serve the interests of the law best-on their
pockets. The indictments do not origi-
nate with me and l simply fine them when
they are brought before me, sentencing
them to the longest term allowed in the
alternative If they have not the money
and have to serve out their sentence that
is a misfortune for which l am not respon-
sible 1t must be charged up to the law"
Clerk J. X. p. Carr said that there was
one impression that he desired to correct
There seems to be a current belief" said
Mr.. Carr, that in the matter of fines de,
rived from gamblers and other sources.
the proceeds thus arising are paid over to
the solicitor general, clerk and sheriff of
the court, whether these officers have any
unpaid accounts against insolyent costs
or not This IS an error that deserves
correction and that I would like to have
You call to the attent ion of the public"
The accounts of these officers are made
out according 90 the general fee bill act
of the state. in an itemized manner, are
approved and spread upon the minutes of
the court. After these accounts are cred
tied with the amounts allowed each Off
Ger by the county, which are only $500
to the solicitor general $500 to the sheriff
and $500 to the clerk. per annum, the
moneys arising from fines go toward fur
Their hquidalng these obligations"
But these accounts for insOlVent costs
are never paid in full by any means, with
both the county allowance and the fines
Prior to this custom the county paid all
of these officers costs and fines and for
FIXTURES went into the county treasury
Under this new system l have never
known a county officer. either sheriff
clerk or solicitor general, with one exceD-
ton, that went out of office with his ac-
counts for insolvents' costs settled. This
exception was Solicitor General w. G.
Charlton, who just before the expiration
OF his term had the keepers and fire.
quenters of gambling houses indicted and
all of them were fined. Enough was real
lied in this manner to pay the insolvent
costs bill in full. This is the only in
stance that l recall when it ever even
approached settlement"
There has been a wide diversity of
views recently developed on this subject
of gambling. There Is scarce any body
who is conversant with the situation that
does not commend the action of the
grand jury in pursuing the course that
il has for it is an accepted fact that the
evl is pressing and almost universal
throughout the city and that It demands
instant redress. There can be no fault
found with the action of the grand jury
as far as it goes. but there are many who
consider that that body might have car
riod IFS action further and made its con-
dcmnation little more sweeping Among
one of these who are of this opinion is
Maj. G. NJ. Ryals.
If what the grand jury intended to do"
said Mai. Ryals was to express its dis
appreciation and the disapprobation of its
individual members at the methods now
in vogue for the suppression Of the gam
bling evil l have nothing of criticism to
offer / quite agree With the Jury thar