Richmond planet., 1904-08-06
TCoNTINUED FROM LAST WEEK !
TRIVIAL OFFENSES.

TRIVIAL OFFENSES.
The offense of one of these lads was
'1oitering in the depot" Nor does the
Recorder sentence to this punishment
men who commit crimes against the
laws of the state. BY explicit decisions
OF the state courts this official has no
jurisdiction TO sentence but must COM
INIT such offenders to the appropriate
state court for jury trial. The punish
ment here described is inflicted upon
those who are convicted of minor mu-
nicipal offenses, such as disorderly con-
duct, violations of the bicycle ordinan-
ces, walking or standing on the park
grass. lettering in the depot or in the
railroad yard, careless driving and the
like.
1t is obvious that discipline for all
prisoners is necessary. While we may
deplore the fact that more humane
methods are not adopted, that is not the
question. The question is this: Can
the Recorder. under the American Con-
sttution, without jury trial, and due
process of law, sentence to such punish
ment?
1t is, moreover, true that the Bibb
county chaingang is branch of the
state pepitentiary, The Estate peniten-
tiary, as the term is generally under
stood, is no longer utilized. The state
has prison commission" but no state
prison. Its penitentiary consists of its
felony convicts. None of these are di-
rectly worked by the state The prison
commission has supervision alike of
these felons and the county chaingangs
THE CONVICT LEASE.
The act OF the general assem- bly,, An
proved August II, 1908, provides that
the several counties of the state shall
have the right at their option to work
and use convicts sentenced to the peni-
tentiary for period of five years or less.
on the public roads or public works.
1t requires the prison commission to
make just apportionment of all the
felony convlcts of this class among the
several counties of the state on the bas
is of their general population as shown
by the United States census. The fell
ons from the penitentiary, thus used.
work on the county chaingangs. 1t ap-
pears from the evidence of Mr.. VIM
bish, the superintendent of the Bibb
county chaingang, that the Bibb county
commissioners promptly availed them
selves of the opportunities afforded by
the legislation TO distribute these felon
among the several counties of the state.
Forty-six OF these men sentenced to the
Bibb county chaingang. At night thew
are separated from the convicts from
the Recorders Court by a wooden lat
tlce work. In the day these criminals
CT the most desperate character, from
all parts OF the state, work indiscrimi-
nately with the men, women and chill
dren sentenced from the Recorder g
Court for the petty offenses of which
he has jurisdiction.
GUARANTEED RIGHTS DENIED.
1t cannot be SAID, however, that the
convlcts Of the Recorder have the rights
under the law afforded the telons. One
guilty of burglary, arson, manslauehter
or any crime on the calendar, however
helnous, has been accorded a copy of
the accusation against him, trial by iu-
ry, the opportunity TO appeal-in short.
que process or law. Not so with the
lao VINO Ioluers on the streets, or is
overcome by sleep In the depot. Not so
with the licensed barber who turns over
his chair to a brother, but unlicensed
artist, during his temporary absence
from the shop. To the same branch of
the penltentlary they may swiftly 90.
Ihe docket Of the Recorders Court
was IN evidence and literal extracts
theretrom made pending the trial will
De added as an exhibit 60 this opinion.
from this, the sole record, it appears
that during the month of March. 1901
alone, one hundred and forty-nine per-
sous were convicted by the Recorder
Tor violations of municipal Ordinances
Upon these people were imposed SEN.
fences amounting to 6,75l days. or a
possible aggregate to the people of near
~ nineteen years Of ths misery and da
gradatlon Of the Bibb county chain :
gang.
THE AUTHORITY CITED.
The principal authority for this vipo.
GUS scheme of municipal penolo9v ia
ctlon ~ of the charter of the CITY Of
aeon, Georgia Laws, 1898, D. 257
Us pr pIoVIdes 1 That the Recorder of said
shall have the power to imposa
for the violation Of any law or pCSe o%'