The Birmingham age-herald., 1903-06-19
JupeE JoNEs, INsTRUcTIoNs.
Extract Reproduced to Remove Mis- conceptIons-Wlth Regard
 to Peonaue.

lished, and in order to put all things right in relation to peonage the Age-Herald re- prints the following extract from Judge Jones luminous and comprehensive in structions to the grand jury:
 CONFESSION OF JUDGMENT,
 If a defendant convicted of msde- neanor signs in. open court, 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 convict who has resigned himself to the custody 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 written contract signed in open court, approved In writing by the judge The contract cannot extend beyond securing the fine and costs, while they are being worked out It cannot be made, as has been repeatedly declared by the Supreme court of this state. the basis of a con | of advances, and he cannot be held in involuntary servitude for their pay ments.
 Although one may have confessed judg- ment 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 complied with the statutes of the state and made written contract in open court approved by the judge in writing This is a safeguard which the state exacts to prevent abuse and op- presslon where thessurety intends to hold his principal to involuntary service. to re- imburse him for payment of the fine and costs. As such an agreement involves per- sonal trust and confidence on the part of the convict in the selection of keeper, his surety has no authority, without his consent, to transfer the contract and cus- tody of the convict to some other person, who repays to the surety the fine and costs. If there Is no written contract ap- proved by the court, or if It is transferred without the consent of the convict the convict cannot be held against his will to perform service to repay his fine and costs If one holds another convicted of misdemeanor, against his will, because he has confessed judgment for the fine and costs, without obtaining a written con- tract 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 further term of service, or prevents his leaving by force or threats as above defined, such person is guilty of holding the person in a condition of peonage.
 The magistrate or other judicial officer who makes an error of judgment in the exercise of his jurisdiction, or exceeds his authority in the sentence imposed Is not guilty of the offense of causing the party to be held in peonage, or in in- voluntary servitude, because in conse- quence 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 respon- sible civilly for mistakes or errors of judgment; nor Is he indictabe or im- peachable for such. The statutes against peonage and involuntary servltude are not intended to punish officers. where persons are convicted or sentenced under uncon- stitutional laws, or errors or mistakes In the administration of constitutional 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. Im- prisonment in such cases, is, of course, unlawful, and civil responsibilities attach under certain condition to other than judicial officers. but a person who does no more than to bring the machinery of the law into play, from proper motives or sits in judgment, or executes the sen tence is not crimnally responsible, under these statutes for holding or causing the party to be held, to a condition of peonage or involuntary servitude The wisest and best of men differ as to the constitution quently overrule or depart from their own decisions, and constantly reverse the Judgment of lower courts. There would be little independence or safety on the part of those who expound or execute the laws If criminal responsibilities attach to honest errors or mistakes of judgment.
 On the other hand. where magistrate or other judicial officer, corruptly exer- eises his functions. In order that citizen may be convicted unlawfully and sentenc- ed, so that particular person, with whom he has an understanding express or implied, by becoming the surety on con- fession of judgment, may get the custody of the convict, toAmake profit out of contract to be made between the convict and surety, in consequence of which the convict is detained and put, to labor. such magistrate or other judicial officer can not escape criminal responsibility to the United States for the conspiracy, and it's natural and designed effect. resulting In the holding of a citizen in condition of peonage or involuntary servitude, because he has taken the precaution to veil his wrong doing in the form of an official act
 TO A BUTTERFLY.
 I've watched you now a full half-hour,