The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-29
Judge Speer Delivers an
Opinion of Far Reach
ing Importance.
CBv the Associated Press. }

Macon, Ga, June 28.-United States
Judge Emery Speer, of the western
division of the southern district of
of far-reaching Importance, involving
the authority of municipal courts all
over the country to sentence violaters
Of municipal ordinances to local chain
gangs. The case came before Judge
Speer on a writ of habeas corpus, ap
piled for by Henry Jamison, negro,
after release from the custody of h.
A. WimbuSh, superintendent of the
county chain gang. Judge Speer. in
an opinion, decided that the superin-
tendent was without authority TO hold
the prisoner and ordered his release.
In passing on the case, Judge Speer
called attention that the commitment
by the recorders court was a sem
tence and nothing more,' and that
there was no finding of guilt or inno-
cence by the recorder. THE question
involved" said Judge Speer, 'is
whether the recorder of Macon. can,
without any sort of criminal plead
ing. and without the Intervention of
a jury, convict a citizen twice for vio-
lation of Il municipal ordinance and
sentence him to seven months at hard
labor on the public chain gang, the
punishment to be suffered in a branch
penitentiary.'
Continuing he said: "Can it be
maintained that men, under any form
of procedure devised or to be devised
by local legislation can consign men,
women and children to a chain gang
for such trivial offenses as are with
in the jurisdiction of a police magis-
trate?"
Judge Speer severely scored the
chain gang methods and said: "In-
deed it may with entire accuracy be
declared that the voluminous and ex-
haustive preparation of the city at
torney and the subsequent examina-
tion by the court has evoked no shred
of authority, either among American
or English laws where a sentence by
a police magistrate to public chain
gang, with the ignominous accessories
of fetters, stripes, lash and degreda-
ton of convict life has been sustained
or even pallitated. Under the Ameri-
can system the chain gang has no
place In the jurisdiction and proceed
ure of police courts where trial by
jury is not a right of accused
He then declared the sentence of the
recorder void for want of due pro-
cess Of law and because one man can
not judge infamy.
He said further that the prayer of
the petitioner must be denied. Judge
Speer declared that the argument
had been advanced by road commits
sioner that while a sentence to the
chain gang would forever ruin white
man previous respectable, it had no
such effect OIL a respectable negro.
He held that such considerations do
not appeal to court charged with
the equal enforcement of the law, and
he did not believe they met the ap-
probation of the best of the Southern
States, nor were they conducive to the
welfare of the South or hopeful for
its future.
Judge Speer concluded with an ar
gument made by him twenty years
| ago, and which he reaffirms. In this
he said that though the color line
expert may SO declare, this is no color
line case. 1t is a negro today. 1t
Will be a white man, aye white child
and a white woman tomorrow. In
this court the law is equal and for
ALL