Virginia gazette. [volume] (Williamsburg, Va.) 1893-192?, 1904-07-02

Macon. Ca. Special.-United states
District Judge Emory Speer. OF the
western division OF the southern dis
trict OF Georgia. has rendered An opin-
ion of far-reaching importance. involv-
ing the authority OF municipal courts
all over the country TO sentence viola
tors OF municipal ordinances 20 local
chain gangs. The case came before
judge Speer on a writ OF habeas cor
pus applied for by Henry Jamison. a
negro. for release from the custody OF
f. 4. Wimbish. superintendent of The
Bibb county. Ca. chain-gong Judge
Speer in a lengthy opinion decided that
the superintendent was without au-
thority TO hold the prisoner and d.
rected his immediate release.
Tn passing ON the case Judge Speer
called attention TO the fact that the
commitment from the recorders court
WIS "a sentence and nothing mere"
and that there was no finding of guilt
or Innocence by the recorder" The
question involved" said Judge Speer.
is whether the recorder OF Macon. can.
without any sort OF criminal pleading
and without the Intervention of jury.
convict citizen twice for violation OF
a municipal ordinance and sentence
him TO seven months az hard labor on
/ the public chain-gang. tho punishment
20 be suffered in branch OF Che peni-
Tertiary"
Continuing. he said: Can it be- main
| tanned in the light Of the constitution
that one man. under any form OF pro-
cedure devised or TO Doe devised. by
local legislation. can consign men.
women and children TO chain-gang
for such trivial offenses as are within
the jurisdiction OF police magistrate"
Judge Speer severely scored the chain
gang methods and said. Indeed. IL
may be with entire accuracy declared
that the voluminous and exhaustive
preparation of the city attorney and
the subsequent examination hy the
court has evoked no shred OF author
fly. either American or English. where
. a sentence by a police magistrate 20 "a
public chain gang. with the ignOminous
accessories OF letters the stripes. lash
and OF the degradation OF convict life.
has been sustained or even palliated.
Under the American system the chain
gang has no place in the jurisdiction
and procedure OF police courts where
trial by jury is not a right ~ the ac-
cused."
lie declared the sentence OF the re-
corier void for want OF due process of
law and because one man cannot judge
infamy. Like thousands OF the OPP
pressed and down trodden. he said
through an the centuries since that
glorious day in the histor yOf the hu-
man liberty when the great charter
! made forever imperishable the princi-
, pie that no free man be taken or inn
prisoned but boy the lawful Judgment OF
his peers or by the law OF the land. he
applies for the great writ of right. th'
writ of habeas corpus: he humbiy seeks
the portals OF the courts whose judge:
are sworn TO know no difference be
tween the rich and the poor. where jus
tice ever bends the listening ear q
catch the plant OF the humble and th'
lowly.
II" he said further. "the praye
petitioned must be denied. then tn
statute authorizing the United State
Courts and the judges thereof 20 issu
the writ OF habeas corpus TO protec
the rights OF the citizen guaranteed b
? the national constitution. have az las
been successfully nullihed"