The Savannah morning news., 1904-06-29
A BLOW At THE CHANGING.

~ DAfO " Al NN1AtN0AN1s
The decision of Judge Speer yester-
day, in the habeas corpus case OF Hen
ny Jamison against e. A. Wimbish
superintendent Of the Bib county
chaingang, viii bring about a revolu-
ton in sentences by recorders i'm this
state, If it is sustained. As 1t is O
| decision prepared after careful inves-
tigation and thorough argument on
both sides and with a full understand
ing Of its far-reaching effect, the prob
ability seems to be in favor of its be-
| ing accepted as the law. Tt is, i'm eff
feet, that police magistrates have no
authority to impose punishments
which are infamous. AS we understand
| it, this being the case, all the chain
/ gang prisoners in the state, which are
the product of police courts, are held
| illegally, and have only to apply for
a writ of habeas corpus to secure their
freedom.
The circumstances of the Jamison
case are these: The petitioner, Jami-
son, a colored man, between SIS and so
years of age, was arrested for drunk
enness and disorderly conduct. At the
police station he appears to have made
some trouble and so a second charge
of disorderly conduct was lodged
against him. On the two charges an
aggregate fine Of $4,000 was imposed,
or, i'm default thereof seven months
on the changing. This was of course
| Ill. L.. 30
person who couldn't pay the fine. AS
ia whether or not he was frequent
offender we are not informed. If he
was. the Recorder doubtless felt ne
was justified in making the punish
ment severe.
But The point at issue is not whether
the punishment was too severe, but
whether the Recorder had a right to
impose a punishment that was infa-
nous. Judge Speer holds that he had
not. He takes the position that the
Bibb county changing is a branch of
the state penitentiary, that the chain
gang prisoners work side by side with
the state convicts. are dressed in
stripes, fettered and are guarded just
as the state convicts are, and yet these
offenders against the ordinances of Ma
con are not given the advantage of n
trial, though their punishment is as
infamous as If they were sent to the
penitentary. The question of their
guilt or innocence is decided by a mag
istrate without any assistance from a
jury.
OF course the question of the au-
thority conferred upon police magis-
trates is considered in the decision as
is also that of the United States Court
to interfere when the state courts are
open to the petitioner. AS the act of the
Macon magistrate is the act of a state
officer, and the state has no authority
to inhlct infamous punishment upon an
accused person without giving him the
benefit of a trial. the excuse for the
interference of the United States Court
is the exercise by a state officer of
practically arbitrary power to inhict
infamous punishment for trivial Of
lenses. Under the American sys-
tenn" says Judge Speer, the chain
gang has no place in the jurisdiction
or procedure of police courts where
trial by jury is not a right of the ac-
eused." In concluding his decision
Judge Speer says. The sentence
against Jamison is void. Void for
want of due process of law. Void be-
cause one man cannot adjudge in
famv''
IL is our understanding that the way
is open in all cities, which have po-
lice magistrates. for offenders against
municipal ordinances TO have their
cases transferred to the Superior Court
If they feel they have not been dealt
with fairly in the police courts. If
police magistrates We're limited to
fines and jail sentences the burden of
preserving peace and order within
their limits would be much heavier
upon the cities of the state than it is.
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