Richmond planet., 1904-08-13
ICoNT1NUED FROM LAST WEEK ]
FURTHER EXPLANATION.


1t is obvious that all procedure in
courts created or authorized by the
state, must be authorized by state law.
SO long as the enactments to this end do
not deny or violate the fundamental es-
sentials of the Constitution, ordained
for the establishment of justice and the
perpetuation of liberty by the people of
the United States, no interference there
with is appropriate or TO be tolerated
When, however," said Professor Guth
re, IN his interesting work ON the Four
teenth Amendment, PIP. I04-105, "the
statute clearly invades some substantive
right, or when a statute, harmless on
" fH5e, is systematically enforced in
'lor of fundamental rights, or
e court, tlansgressing its func-
'toinpts 20 render judgment
without jurisdiction of the subject mat
ter, or notice to the parties, the proceed
ure is not due process of law and may
be declared void and set aside by the
courts under the jurisdiction conferred
by the Fourteenth Amendment"
MODERATE PUNISHMENT CAN BE METED
1t is not questioned that the summary
proceedings before municipal courts, tor
the punishment of minor offenses a
galnst ordinances or by laws can con
clude with sentence of pecuniary fine,
and, in default of payment, with mod
crate Imprisonment, or with both tine
and Imprisonment. Sir William Black
stone in his Commentaries, 4th book.
par. 22S states:
Another branch of summary pro-
ceedlugs is that before justices of the
peace IN order TO infiict divers petty De-
cunlary mulcts and corporal penalties
denounced by acts of parliament, for
many dlsorderly offenses, such as COM
mon swearing. drunkenness, vagrancy.
ldleness ana vast variety of others.'
And the famous commentator cites GER
tain evil consequences of this jurisdic-
ton which we forbear TO mention. But
he concludes in this language:
From these i'll consequences we
may collect the prudent foresight of our
ancient lawgivers, who suffered neither
property nor the punishment of the sub
Ject, TO be determined by the opinion of
any one or two men, and we may also
observe the necessity of net deviating
any farther from our ancient constitu-
tlon by ordeining new penalties to be
lnf1lcted upon summary convictions
ONE MAN PUNISHMENT.
The jurisdiction of the justices of
the peace IN England at the time of
these authoritative declarations of that
great writer and Judge who found the
English law skeleton and who clothed
IT with life and beauty" is practically
equivalent to that of a police magistrate
IN our own times. Unhappily, we wit
ness in the Recorders Court in Macon
the punishment of the citizens deter
mined by the opinion of one man, and
the punishment for such offenses as
novel and unprecedented, asssit is ignom-
inous and cruel
The act of the general assembly of
Georgia, attempting 60 bestow the pow
er on the Recorder of Macon, is the onlv
statute to which attention has been
called, by which those convicted of
minor otfenses can be sentenced by a
ponce court to confinement and hard la
DOT ON the chaingang. By the charter of
Aelanta the police court may infllct a
me OF 5000 or thirty days imprison-
ment, or work on the public works. In
Augusta the maximum fine is $500.
ana the maximum Imprisonment or Ia
Dor on the public works ninety days.
In Rome, Athens and Columbus labor
on the public works" is the term used
IN designating the punishment. While
II may be true, as insisted in the arpu
ment, that the Macon chainganr i'm
management, discipline and punish
ment is not more than an equivalent for
tne management of public works"
elsewhere, yet the trainers of the char.
ters mentioned, perhaps with laudable
respect for the opinions of mankind
seemed to have blinked the use of the
word WIG
y NOT THREAD OF AUTHORITY.
indeed 1T may be with entire accura.
y ueclared that the volunanimous and
iaustlye preparation of the city attor-
ana the subsequent examination
ne cours has evoked no shred of an.
y, either American or English.
sentence for petty offenses, by
magistrate, to a public chain.
lth the lgnominious accessories
;, the stripes. lash, and of the
lon OF convict life, has been
or even palliated, Under the