The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1901-01-03
Law IS DEFECTIVE
Whites and Negroes Can Marry
h, Georgia With Impunity.
NO PROVISION FOR PUNISHMENT
Statute Aims Only at Ministers
or Justices Who Perform
Such Ceremony.

An Atlanta dispatch says: The as
tonishing fact was developed Friday
that. there is no law on the statute
books of the state of Georgia by which
the contracting parties in an inter-
marriage of the races can be punished.
This discovery was made by Recorder
Broyles while he had under considera-
ton the case OF Charles Johnson aud
Eleanor Moody, the white man and
negro woman who were married
Thursday.
The man and woman were arrested
shortly after their marriage, aud the
trial Of the case was held Friday morn
ing in the police court. There was
no evidence introduced, with the e1-
ception of the statements OF the two
defendants, and after hearing these,
the recorder bound both over to the
superior court in the sum of $500 each
on the charge of miscegenation. which
translated means the intermarrying OF
the races.
Recorder Broyles, however, was not
exactly satisfied as to the law applica-
BILE to such cases, and be accordingly
referred to the criminal code OF Geor-
gia. It was then that he ascertained
that, according to the law, johnson
and the Moody woman had committed
no off nse, and therefore could not be
pros ated. The law places all of the
responsibility for the marriage on the
officer or minister of the gospel per-
forming such q marriage and holds
them responsible for the same. Under
these circumstances there was nothing
for the recorder to do but to reconsider
his action and dismiss the cases, which
he did at the afternoon session Of the
court.
The action of the recorder in re-
leasing the two defendants is based on
section 62S of the criminal code,
which reeds as follows:
Intermarriage of whites and col.
cored peQple-If any officer shall
knowingly issue a marriage IL
cense to parties, either Of whom
is of African descent, and the
otbar a white person, or il any Of
fc or minister of the gospel
shs larry such persons together,
he ,.all be guilty of misde-
met VI.
TIE it will be seen that whites and
negsc 8 may marry in Georgia and
therel > commit no ofense in the eyes
of the Law, but the person officiating at
the weddings places himself in very
unenyiabie position. From the de-
scription given by the man and woman
and fl ON the evidence obtaiuable, the
authorities are led to the conclusion
that Justice of the Peace D. A. Cook,
who has an Office on Marietta street,
performed the ceremony.
In speaking Of the matter Recorder
Broyles said:
sT was certainly greatly surprised
when I learned that there is no law
for the punishment Of the contracting
parties in an intermarriage of the races.
The L.w is very plain in placing the
responsibility on the person who per-
forms the ceremony, bus this is not
sufficient. The contracting parties
should be punished. The practice of
intermarriage is prohibited, but if
such q marriage occurs no offense has
been committed by the persons mar
rying, according to the present law.
''I don't believe that it was the in
tention of the lawmakers to create
such situation. I think it was merely
an oversight, and if the matter is
brought to the attention OF the legis-
is.ature, and / believe it will be, my
opinion is that they will at once unan-
imously amend the existing law so
that the contracting parties can be
punished. There should certainly be
provision to this effect"
The punishment for the conviction
of person marrying white and ne
gro can be made severe. Section 1889
of the criminal code prescribes the
punishments for misdemeanors as six
months in Jail, twelve months on the
county chaingang or a fine of 81, 900,
either or all, in the discretion Of the