The Birmingham age-herald., 1903-06-16


 the Santa Fe for several days.
 free exercise or enjoyment of a right or privilege secured to him by the constitu- tion of the United States and laws of the United States, and are indictable ac- cordingly.
 If defendant convicted of a misde- meanor in open court signs a written contract approved in writing by the judge in consideration of another becoming his surety on confession of judgment for the fine and costs and is thereupon released, the law of the state treats him as a con- vict who has resigned himself to the cus- tody of the surety to escape that of the state, and the surety may restrain him of his liberty. This provision applies only to cases in which there has been a writ ten contract signed in open court, ap- proved in writing by the judge. The con- tract cannot extend beyond the fine and costs while they are being worked out It cannot be made, as has been repeat edy declared by the Supreme court of this state, the basis of a contract for addi- tlonal service on payment of advances and he cannot be held in involuntary scr- vitude for their payments.
 confessing.
 Although one may have confessed judgment for another, on his conviction the surety is not entitled on that account to retain him in custody against his will, as his ball would be before trial, unless the surety has compiled with the statutes of the state and made written contract in open court approved by the judge, in writing. This Is a safeguard to prevent abuse and oppression which the state ex- acts where the surety intends to hold his principal to involuntary service, to reim- purse him for payment of the fine and costs. As such an agreement involves personal trust and confidence on the part of the convict in the selection of keep er his surety has no authority, without his consent, to transfer the contract and custody of the convict to some other per- son, who repays to the surety the fine and costs. If there Is no written contract approved by the court, or if 1t is trans ferred without the consent of the con- vict the convict cannot be held against his will to perform service to repay his fine and costs. If one holds another con- victed of a misdemeanor against his will because he has confessed judgment for the fine and costs, without obtaining a written contract In open court, approved in writing by the judge or holds him against his will after the fine and costs have been worked out, for advances upon a further term of service, and prevents his leaving by force or threats as above defined, such person is guilty of peon- age.
 The magistrate or other judicial offi- cer who makes an error of judgment in the exercise of his jurisdiction or ex- ceeds his authority in the sentence im- posed, is not guilty of the offense of causing the party to be held in peonage or in involuntary servitude, because, in consequence of such sentence, he is put to hard labor. There must be much more than that to involve the officer in criminal responsibility. For reasons of imperative policy judicial officer is not responsible civilly for mistakes or errors of judgment, nor is he indictable or im- peachable for such. The statutes against peonage and involuntary servitude are not intended to punish officers where persons are convicted or sentenced under unconstitutional laws, or errors or mis- takes in the administration of constitu- tional laws, and are held under sentence thereon to labor by state officers, or hired to others who restrain the convict and compel him to perform labor against his will. Imprisonment in such cases is. of course, unlawful. and civil responsi- bilities attach under certain conditions to other than judicial officers: but person who does no more than to bring the ma chinery of the law into play from proper motives. or sits in judgment, or executes the sentence, is not crimnally responsi- ble. under these statutes, for holding or causing the party to be held to a con- dition of peonage or involuntary servi- tude. The wisest and best of men differ as to the constitutionality of laws and the highest courts overrule or depart from their own decisions and constantly reverse the judgments of lower courts. There would be little independence or safety on the part of those who expound or execute the laws if criminal responsi- bilities attach to honest errors or mis- takes of judgment.
 ''On the other hand, where a magistrate or other judicial officer, corruptly exer- cises his functions. in order that citizen may be convicted unlawfully and sen- tenced so that a particular person with whom he has an understanding by becom- ing the surety on confession of Judgment may get the custody of the convict. to make profit out of contract to be made between the convict and surety, in con- sequence of which the convict is detained and put to labor. such magistrate or other Judicial officer cannot escape criminal re- sponsibility to the United States for the conspiracy and It's natural and designed enect, resulting in the holding of a citi- zen in condition of peonage or involun- tary servitude. because he has taken the precaution 10 veil his wrong doing in the form of an official act"
 Following is a full text of the act de- clared by Judge Jones to be in conflict with the United States constitution:
 Section l. Be it enacted by the gem eral assembly of the state of Alabama,