Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1904-08-27
CONN UED Fk3M LAST WEEK.
NAY BE FAIR ON IT'S FACE.


Though the law itself be fair on its
face and impartial in appearance, yet if
it is applied and administered by public
authority, with an evil eye and an une-
quail hand. so practically as TO make un-
Just and illegal determinations between
persons in similar circumstances ma
terial to their rights and denial of equal
justice, it is still within the prohibition
Of the Constitution.
See also Exparte Lee Tong, Is Fed
25S. The Laundry Chinese case % Fed.
70I. In re Tee 10y, 26 Fed. 5Il, Expar
te All low, 30 Fed. ISL. In all of these
cases persons convicted in the state
court withouC due process of the law
were released by habeas corpus for the
reason that the conviction was violative
Of the Fourteenth Amendment to the
Constitution of the United States
Ii lis moreover true that in the extend
ed examination herein made, no case
has been found which approaches that
Of the petitioner in strong appeal TO the
court for the urgent immediate and eff
tective relief Of habeas corpus. a re-
spectacle man past middle life, accus-
toned to indoor work requiring no
physical exertion, Is arrested at night
on his way home and hurried to the
cells of the city prison.
THE VICTIMS SUFFERING PORTRAYED.
The next morning, without accusa.
ton of any sort. he is sentenced to pay
lines impossible of payment, and the al
tentative punishment, because of its
infamy violative of the Constitution,
for seven months on the chaingang, is
at once imposed. By noon, in stripes
and shackleS, III easy range of the re-
peating rifles and shotguns of the
guards, this man is toiling on the pub.
lie roads with the frantic energy of one
who works under fear of death, or
of punishment, 20 which, in the mind
of vast majority of men, death itself
would be preferable. Before him are
two hundred and ten days of agony,
two hundred and ten nights in fetid
stockade. That he is unable to give
the bond he testifles. Could he appeal?
An appeal 10 the courts of the state
would have brought him no relief His
complaint involved the LEGALITY of the
great majority of the convictions by the
Recorders Court. and in large meas
pres the authority and jurisdiction of
the court itself. Opposed to him was a
powerful organization with all of its
active and potent agencies.
APPEAL WOULD HAVE BEEN RESISTED.
Well might he and his counsel con-
clude that had appeal been made to the
state courts by certiorari or otherwise
1T would have been resisted, as it is re-
sisted here, TO the court of final APP
peal. ln the meantime, from March
until October, through the deadliest
months of semi. tropical climate, with
unceasing tOiling in the summer sun,
his suffering and wreUchedness, his
danger and infamy would never cease.
1t seems that he might apply for writ of
certiorari 10 the judge Of the superior
court (Acts General Assembly 1902, d.
IO6l. Gould he have given bond and
the costs that judicial officer might
IS discretion have superseded the
ent Of conviction. But the local
ker, keenly appreciative of the
pf poor mans labor, stipulates
such appeals, if unable to pay
hgive bond, the prisoner shall
discharged. Then it is true
re his cause, with all of it's i'm
gould have been heard, had
ler survived, the punishment
been suffered, and the judg
peal would have been worth.