The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1904-05-30
MUCH INTEREST IN !
DAMAGE SUITS
What the Law Says About
Working City Prisoners.
Former Solicitor worten Says He Adj
vised Against Chaingang and for
q time there was None.
STILL WORKING PRISONERS

The changing went out this morn
ing rs If nothing lad happened, not
withstanding the suits already fled
and those in prospects for damages Tot
working prisoners on the streets.
The question sprung In this connec-
ton has aroused q great deal Of curl
osity throughout the city, and The
Sun has copied the sections of the sec
ond class charter relative 10 the mat.
ter.
The charter provisions are as fol-
lows:
Section 1851: Prisoners to be con-
fined in jail-Thst all persons CON-
mitted by said court (police COURT
for default of surety for good behavior
or to keep the peace, and all others
whom the city 10 bound to maintain
when committed to jail, shall be con-
fined in the city workhouse or prison.
and they may be compelled to labor
- many days, at such sum per day
rs may be necessary 10 defrAy the
reasonable cost of their board" etc.
Section sl62; Costs---C Commitment
for non.psyment- Collection; Said
court(polioe court) may assess, in adj
dition to fine and imprisonment, any
sum in his discretion not exceeding %.
Is costs against any defendant VIA
convicted Of any ofSsn6s. To- Whioh,
II not Paid, the defendant shall be
committed to imprisonmsnt in jail Or
workhouse, as in case OF flnes. p etc.
The provisions Of the third class
charter plainly specifies that prison
ers may be worked on the streets, as
follows:
1858: Persons fned or sentenced
to the workhouse or public works: In
all cases presented in the police court.
the defendant shall stand committed
to the city prison until the hne and
costs are paid or rsplevied. not TO ex-
coed. however, one day for each dol
lar Of said fine and costs. and by
ordinance. be required to work in
the city workhouse, or on the stree t.
and alleys. or any public work Of the
city, until such fine and costs arc
satisfied.
1t is understood that . city prsoti-
cally gets al its powers from the char
ter, and while the second Glass charter
does not say that prisoners email not
be worked on the streets, IL does not
give the authority to do so. while the
third class charter expressly does.
1t is commended by some attorneys
that it IL plainly contemplated by the
second class charter. a. perceived from
the wording Of the Law, that second
class cities must have workhouse.
while In the third olass charter 1t is
specifically stated that the city may
work prisoners on the street, or may
il preferred have q workhouse.
The plaintiffs in these damage suits
seem to rely ON the absence Of au-
thority rather than anything else, to
recover from the city.
The city was in predioament today,
-, II the changing were kept In IL
would be taken as . tacit admission
that the city had erred in working
prisoners on the streets heretofore. snd
BY stopping it today had so acknowi-
edged; while IL the prisoners were
sent ont it might mean more damage
suits.
II seems that the latter alternative
was accepted. and the city took
chances of having more damage suits.
Attorney J. n. worten. who
brought the suits Aled Saturday and
has been employed to bring about 05
more, stated today that the effort Of
city officials 10 make 10 appear that
the whole thing was surprise to them
and was ridiculous, did not fool N =
one.
"whsn I was city solici>qfay
thing caIae up" he stats1
vised against the risk -
oners ON the street.