Richmond planet., 1904-07-30
[CoNTINUED FROM LAST WEEK

fkOM LAST WEEK
To properly determine this case it
seems essential co inquire in the first
place whether an order of the Recorder
directing that a person shall serve a
term in the Bibb county chaingang is
sentence TO infamous punishment.
The law upon this subject is settled. In
exparte Wilson, ia u. s., p 4I7-47
MIR. Justice Gray, for the unanimous
court, announced that whether or not a
crime is infamous must depend upon
the fact. whether by the statute oefin-
ing 1t, an infamous punishment can be
awarded. And said the learned Justice.
d. 42S:
For more than century, imprison-
ment at hard labor in the Stase- prison
or penitentiarv, or other similar institu
tion, has been considered an infamous
punishment in England and America {"
MR.. JUSTICE GRAY's oPINI- N.
Justice Gray continues:
Among the punishments that con-
sist principally in the ignomlny.' Sir
William Blackstone classes hard labor
in the house of correction or other wise, >
as we'll as whipping. the pillory, or the
stocks. q Blackstone's Commentaries
p. 37O. And Mr.. Dane, while treating
it as doubtful whether confinement in
the stocks or in the house of correction
is infamous, says punish ments clearly
infamous are death, gallows, pillory,
branding, whipping, confinement to
hard labor, and cropping (2Danes
Abridgment, 569-570)."
This decision was rendered in 1884,
aud from it there has been no judicial
departure. Roses notes on u. S. Su-
preme Court Reports, 10 vol 1914 et
seq.) 1t is perhaps not inappropriate at
this point TO recall the fact that this sal
utary doctrine of constitutional law has
been of service TO the people of this dis
trict. 1t was fC rmerly the practice to
prosecute Illicit distilling and other VI
olations OF the internal revenue laws by
information.
PREVIOUS DECISIONS.
In view of the ease with which such
charges We're presented, and the profits
flowing therefrom to informers and
others, frivolous prosecutions were null
tlplled, great inconvenience and, in
deed oppression, was experienced by
the rural population. This was averted
by the decision in this court, in United
States VS.. Johanssen, 80 Fed. 407-4f4.
Adopting the definition of an infamous
punishment as expressed in Exparte
Wilson supra. and calling attention to
the hberaliZing and humane tendencies
of the law as advanced by the progress.
slve steps of our Supreme Court, we an
that:
Hereafter the courts of the United
States of this district will take no action
in the large class of cases involved, save
after the presentment or indictment by
the Grand Jury !"
The fnracaSr of tba atfaot ne &ho
cision made in the opinion has been jus.
titled by the event
THAT crime is rare, that the Impair
tai, law respecting Investigations of the
Grand Juries, would bring TO the bar of
justice the willful lawbreaker, but
would in all likelihood discountenance
the sinister and malevolent informer
who has used the powers of the govern.
ment TO purvey to his malice, or to his
greed for the perquisites of the witness
for the prosecution.
All of this has proven true. Thus il
will be seen that the enforcement of a |
principle which in one
case deprives the municipal authorities |
Of the profits which arise from inyolun- |
'ary and unpaid servitude imposed not |
Tor crime but for peccadilloes, on anoth- |
sr occasion and for fourteen wears since |
AAOA OOSOAhCS VIC oelAuliIy anu Gu6cJlXH
iefense of the rights and the peace of
he people.
INFAMOUS PUNISHMENT.
The most cursory view of the evi.
lence in the record Will convince the
that practically every ignom.
Gus mark of Infamous punishment is
tamped upon the miserable throng i'm
3ibb county chaingang This is clear
rom the testimony of the superinten-
ent, E. A Wimbish, and from the un.
ontradicted evidence of witnesses who
ave there expatiated their disregard of
undry provisions of the City Code. The !
ufferers wear the typical striped cloth |,
ng of the penitentiary convict. Iron ,
nanacles are riveted upon their legs.
these can be removed only by the use
Il the cold ohisel. The irons on each