The Montgomery advertiser., 1903-06-16
JUDGE JONES GIVES AN OPINION
 TO GRAND JURY ON PEONAGE MATTERS

charged, no judgment was rendered. and
 the person who carreJ him before the
 magistrate Is only a private citizen. II Any person who falsely accuses another of crime and carries him before a magis-
 trate in order that he may be convicted and put to hard labor, in cons squence of which such person Is convicted and put to hard labor, such person at the time
 having the design or purpose to hire such
 person, or to enable some other person
 to hire him. is guilty, under Section G25 of the Revised Statutes of the United
 States "of carrying away any ether per- son, with the intent that anch other per-
 son be sold into involuntary servitude." l If two or more persons conspire or com
 bine to do this, they arc guilty of a con- spiracy to deprive the person, If he is a
 citizen of the United States, of the free exercise or enjoyments of a right or privilege secured to him by the constitu- ton of the United States and laws of the
 United States, and are indictible accord ingly.
 If a defendant convicted of a misde-
 meanor, signs in open court, written
 contract approved in writing by the juwge, in consideration of another becom- ing his surety on confession of judgment
 
 1 released, the law of the State treats him
 as a 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 | written contract signed in open court, ap- proved in writing by the judge. The | contract cannot extend beyond securing the fineand costs. while they are being worked out. It cannot be made, as has l been repeatedly declared by the Supreme Court of this State, the basis of a con- l tract for additional service on payment 1 of advances and he cannot be held in in- l voluntary servrtude tor their payments. l Although one may have confessed judg- l ment for another on his conviction, the I surety Is not entitled on that account, to | retain him in custody against his will as his bail would be before trial, unless the surety has complied with the statutes of | ths State and made written contract m open court approved by the judge in writ ing this is a safeguard which the State l exacts to prevent abuse and oppres- sion where the surety intends to hold his principal to involuntary service, to reimburse him for payment of the fine and costs. As suchehn agreement in- wolves personal trust and confidence on l the part of the convict in the selection of a keper, his surety has no authority, with | out his consent, to transfer the contract | and custody of the convict to some other 1 person. who repays to the surety the fire and costs. If there is no written contract approved by the court. or if it is trans | ferred without he consent of the convict, 1 the convict can not be held against his l will to perform service to repay his fine | and costs. If one holds another convicted | of a misde neanor, against his will, be- | cause he has confessed judgment for the | fine and costs, without obtaining a writ ten contract in open court, approved in 1 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, or prevents his | leaving by force or threats as above de- fined, such person is guil;y of holding the | person in a condition of peonage.
 Judicial offisecr Not Responsible for
 Mistakes and Honest Errors. | 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 l not guilty of the offense of causing the | party to he held in peonage, or in in- | voluntary servitude because in conse- | quence of such sentence he is ut to hard | labor. There must be much more than that. to involve the officer in criminal l responsibility For reasons of imperative policy. a judicial officer Is not respon- | sible civilly for mistakes or errors of judgment; nor Is he indctable im- | peachab,e for such. The statutes against l peonage and involuntary servitude 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 lm- prisonment in such cases, Is, of course, unla wfud. and civil responsibilities attach under certain condition to other than judicial officers but person who does no moro than to bring the machinery of the law into play, from proper motives, or sits in judgment, or executes the sem tence. ia not criminally responsible, under these statutes. for holding or causing the party to be held, to a condition of peonage or involuntary servltude. The wisest and best of men differ as to the constitution ality of laws and the highest courts fre- quent:y overrule, or depart from their own decisions. aud const tantlF rover5e 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 responsibilities attach to honest errors or mistakes of judgment.
 Liable for Intentional Wrong.
 On the other hand. where a magistrate or other judicial officer corrup:ly exer cises his functions. inAorder that citizen may be convicted unlawf lily and aontenc ed, so that Il particular person, with whom ho has an understandings express or implied, by becoming the surety OF con fession of judgme nt may get he custody of the convict. to make a profit out of a contract U be made betwee1 the copyist and surety. in consequence of which tn" convict is detained and put to labor, slcn 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. be-I cause he has taken the precaution to Nell his wrong doing In the form of an official act
 Labor Law of 1oo1.
 The act of March 1st. 1901 about which you inquire. makes it penal offensa for person who has contracted "in writing to labor for or serve another for any given time. or any person who has bv written contract leased or rented land from another for any specified time, or any person who has contracted in writing with the party furnishing lands. or the | lands and teams to cultivate it, either to l