The Savannah morning news., 1902-10-29

| Ex-GOv. Gamblers comment in his
I last message on the hiring out of
! short-term convicts, and the communi-
/ cation of Judge F. N. Gordy with re-
! spect TO the matter, published in the
1 Morning News of yesterday. call at
/ tention to a law which should be re-
| pealed. Judge Gordy is ordinary of
I Chattahoochee county and also clerk
/ of the Superior Court. His position,
/ therefore, is one which makes him
I familiar with the subject which he
/ discusses.
The gubernatorial message comment
ed on what was considered a violation
/ Of the law in connection with the hir-
| ing of conviets. Judge Gordy shows
that the hiring-out and the applica-
ton OF the hire-mOney which he ex-
plains are both legal; and he is right
No doubt the Governors purpose was
TO call attention to a bad law rather
than to violations of it, Judge Gordy
refers to Section 1887 Penal code of
1885, as follows: When a county hires
out convicts, the money received as
compensation for their labor shall be
applied to the payment of the fees of
the officers of court, including justices
and constables who rendered services
in such cases. and to the witnesses
fees, and the balance shall be paid into
the county treasury for county pur-
poses"
Commenting on this he says: TT will
be seen that if the law is compiled with
as provided in the above. it will be
greatly to the interest of the officers
of court for all misdemeanor convfcts
tc pay their fines, as in that event all
the money paid in as such legally goes
to insOlvent cost bill. whereas in case
convicts are hired out the only money
going to officers from such hire. is
the actual cost in the case thus hired
out, and the balance is to be paid into
the county treasury for county pur-
poses. To illustrate. at our September
term of court we had two misdemean-
or men who did not pay their fines,
consequently were hired by the under
signed to the Eufaula Brick Manu-
featuring Co, located near George
of 5000. out of this sum the solicitor
general was paid Sal, clerk $1495, sher-
iff s., justice and constable 1895; total
| cost in two cases $64.9O: paid county
treasury $135.1O."
Under the law the county officers
have the right to hire out short-term
convicts, for the purpose of getting
the fines and costs out of their labor.
Such an arrangement is wholly wrong.
1t leaves open the opportunity for
abuses that should not be permitted.
If man who violates the law has
money he may be able to pay the les
see who hires him little profit on the
transaction and thus escape punish
ment but if the convict has no money.
he is forced to earn profit for his
temporary owner, at the expense of
strength and health and sometimes
even life. No matter what the color
OF the man-white, yellow or black
or what his constitutional strength
may be. the hard labor of his hands
| must pay back to the lessee the money
] paid by. such lessee to the county Of
| hcials, with a profit in addition. The
hardships and suffering that have been
caused under the system can never
be known. 1t may be said that these
people are conwcts, violators of the
law, and therefore deserve all they get.
In this connection two things should
| be remembered; that mercy should
temper justice. and that if every man
! got absolutely his just deserts. the
chain gangs would be nightly re-
/ cruited.
The convict lease system is PERM
ciously wrong. Our penal system should
include a penitentiary and chain
| gang under the direct supervision and
control of responsible public officials;
and the gangs should be employed
in road building and other works of a
| public character. AS long as convicts
| are hired out to private concerns and
individuals, there will follow injustices
and scandals. The matter is now be-
fore the Legislature. 1t is to be hoped
| the law will be wisely amended.