The Savannah morning news., 1904-03-21
CAN POLICE SEND
TO CHAINGANG
APPEAL TO UNITED STATES.
TAKEN BY MAN SENTENCED BY
MACON's RECORDER.

Attorneys Alderman & AIxerman of
Macon Have Applied to Judge
speer for Writ of Habeas Corpus.
Claim That ChRingang Sentences
from Police Court Are in Viola
tiOn of Constitution of United
States-GrOunds for Contention.
VIII BE Heard Before Judge speer.
Has a Recorder a right to sentence
q man TO serve on the chaingang?
This is the question which will be
decided before Judge Emory Speer in
the United States court this morning.
The case comes up from the city of
Macon, and the petition of habeas cor
pus is brought by Akerman & Aker-
man.
Some time previous Henry Jemison,
colored was arrested in Macon by one
of the city officers on a charge of be-
ing disorderly on the streets. He was
placed in Jail, and his name entered
on the police docket for disorderly
conduct. The morning following the
negro faced the Recorder, Mr.. Free
man, and after being convicted of the
offense charged, was sentenced to serve
term on the chaingang. He was
turned over to Supt. Wimbish. given a
striped suit and a chain, and put to
work.
All went well until Saturday morn
ing, when Attorney Akerman took out
a writ of habeas corpus before Judge
Emory Speer, ordering Supt. Wimbish
of Bibb county to produce the body of
Jemison in the United States court
this morning, and arrangements have
been made to bring the negro before
the federal court. Owing to the far
reaching effects of the decision which
Judge Speer may give on the case, it
is one of unusual interest.
Contention of Government.
The government contends that the
recorder does not have the right to
summarly send man to the chain
gang. The grounds on which the OBJ
lection is based is that this action is
in direct opposition to the Constitla-
tion of the United States which pro-
hibits placing any one in a state of
involuntary servitude. until he shall
have been convicted and sentenced to
penal servitude after due process of
law.
The action of the recorder, it is con-
tended, is in violation of this amend
ment to the Constitution. as a man
sentenced to penal servitude from the
Police Court has not been convicted,
and sentenced by due process of law.
All actions in the Police Court are,
to all intents and purposes. summary.
There are certain acts. which must
be carried out before a man can be
duly and legally convicted of any Of
fence. The two principal requirements
are that he be given first a trial. so
to speak. before the grand jury, and
that if indicted. he be placed on trial
before petit jury.
He cannot be placed on trial before
a petit jury until he has been given
a written copy of the offense of which
he is charged. This offense must be
so clearly stated that there can be
no doubt of the offense, and so that
all future action may be shut off on
the same charge.
In Police Court, according to the
contention of the government the
proper forms of law are not carried
out, in that there is no writ served
on the defendent and that he is not
given trial by jury. The case will be
heard this morning in the United States
court
"Ill have Henry Jemson sitting on
the steps of the federal building in
Savannah early Monday morning."
says Supt. Wimbish of Bibb county.
Importance to Chatham County.
The case is one of great Importance,
not only to Bibb county, but to Chat
ham county and the state of Georgia.
If Attorney Akerman wins in his con-
tention, the law passed by the Geor-
gia Legislature must be declared null
-Ds1 IN, Hof oil Wi min q 1c
now on the Chatham county chaingang
who have not been sent there through
the Superior Court or the City Court
must be liberated.
At the last session of the Legislature
a law was passed authorizing the Re
corder of Savannah to sentence men
from the Police Court to the chain
gang. If Mr.. Akerman wins his con-
tention this will be proved to be II.
violation OF the clause in the United
States constitution which prohibits the
states from passing laws in conflict
with the constitution of the United
States. BY the entire state the out
come of the trial will be awaited with
considerable interest.
In case Mr. Akerman should win his
contention no action can be brought
against the several recorders. They
will be protected by their judicial
standing. The only effect of the law
will be to put a stop to all chaingang
sentences from police courts and free
all serving such sentences imposed by
recorders