The county record. [volume] (Kingstree, S.C.) 1885-1975, 1900-11-01

those That Were Convicted of Hell
nous Crimes.


an opinion on an important matter
The text Of The opinion explains the
matter very fully:
Hon. D. J. Griffith, Superintendent
State Penitentiary, Columbia, s. c.
Dear Sir: On the 22d inst. you
wrote to this office as follows:
When the present board OF direc-,
tors entered upon the discharge OF
their duties, they found quite a num-
Der OF convicts, hired out by their
predecessors in office, who had been
convicted OF murder, rape, arson and
manslaughter. Upon reading section
565 (272s) Of the revised statutes, l
find that it is forbidden to hire out
oonvicts convicted Of any OF these
orenses. The present board is in
doubt. however, whether it Is now its
duty to recall such Of these prisoners
who are still in confinement and keep
them within the jurisdiction OF the
penitentiary authorities proper, or
whether the action Of the previous
board Is final In the matter, Ind bind
ing upon the present board. there
fore write to ask that you will kind
" give me your official opinion upon
this matter, and advice me what ae-
ton the board should take, II any, Ia
regard to the same"
l beg to reply as follows:
Section 565, criminal statutes Is as
follows in part: The board Of direc-
tors of the penitentiary are hereby
authorized and empowered to lease, or
hire out any convicts in the peniten-
tiary, except convicts under sentence
for murder, rape arson and man
elaughter ss 4" You will notice that
the use OF the words authorized and
empowered" evidently implies that
but for this provision the board would
not have the authority and power to
lease convicts and that such aThorl-
zation and empowering Is limited ex-
pressly by the word except preceding
the naming OF certain classes not per-
mitted to be hired out. So that to my
mind It follows that no attempt On
the part Of any preceding board to
hire out these convicts would or could
be construed to be valid contract,
but, on the contrary, would be con-
strued ultra wires and Of none effect.
Such being the case these conV1cts are
beyond the limits OF the penitentlary
in violation Of the law and 1t becomes
the duty Of the present board to have
them reGurn to the walls OF the peni-
teutiary or property exclusively under
the control OF the authorities OF the
penitentiary such as the farms. 1t Il
clear that the action Of the previous
board Ia not final in the matter, nor
binding upon you.
Section 573 Of the criminal statutes
directs mo convicts shall be hired
out, as provided in the foregoing Sec
tion, unless such convicts shall be and
remain under the supervision OF
sworn officer and guards appointed by
the superintendent OF the penitentiary;
- such officer and guards 10 be
responsible to the superintendent Of
the penitentlary and to hold their Of
fee subject TO removal by the superin'
tendent: = The superintendent and
directors of the penitentiary shall pre-
scribe the rules and regulations to be
observed by said officer and guaros in
all cases." and art. xii, sec. or the
constitution Of 1895 reads as follows:
The peniten -.ary and the convlcts
therein sentenced shall forever be url.
der the supervision and control OF OF.
fcers employed by the State, anu In
case any convicts are hired or farmed
out, as may be provided by law, their
maintenance, support, medical attend
ance and discipline shall be under the
direction Of officers detailed for these
duties by the authorities Of the peni-
tentfary" II the requirements OF the
statute law and the constitution have
been respected by the present and pre-
ceding boards then these convicts are
directly under the control OF officers
and guards appointed by he superin-
tendent, which officers and guarus are
subject TO your orders, and in my
opinion, it is your duty to order these
to return to the penitentiary the con-
victs who are serving sentences for
any OF the crimes mentioned in section
565 OF the criminal statutes.
While one convicted and duly SEN
fenced by law is deprived Of his liber-
ty to a certain extent, he still has GER
tain rights under the law, and among
these rights is the one to be punished
only as prescribed by the law in force
at the time of his conviction and SEN
tence, and the hiring out OF a person
sentenced to Imprisonment in the pen
itentiary for the crimes Of murder.
rape, arson and manslaughter" is a