The Birmingham age-herald., 1904-07-01
Iudoe Speer's Decision.

The petitioner who came before Judge Speer ct Macon, Ga, is a negro about 30 years old, who is customarily employed in cleaning carpets and other like household tasks, going for that purpose from house to house He got drunk one night and became noisy as drunken men will, and almost before he knew he had been sentenced to fine of $60, or an alternative term in the county chain gang of seven months, where shackles were riveted on him, which he must wear day and night-where clean clothes and ablu- tion are unknown-where hard work is demanded by the lash and servitude secured by the shotgun.
 The payment of the fine was, of course, out of question. The average negro cannot pay fine of s60, and the recorder of Macon knew he could not He simply sentenced him to hard la bor and shackles for seven months for becoming noisily drunk on Macon whisky.
 True, the right of jury trial was open to him, but the openness in such a case existed on paper and in theory alone The average negro cannot make the bond required in an appea f to higher court. Judge Speer dis cusses this feature of the case, as fol lows:
 That he is unable to give the bond ht testifes. Could he appeal? An appea brought him no relief His complaint in. volved the legality of a great majority of the convictions by the recorders court, and in large measures the au. thority and Jurisdiction of the court Itself. Opposed to him was a powerfui organization with all of its active and potent agencies. Well might he and his 
 made to the state courts by certiorari or otherwise 1t would have been resisted as it Is resisted here, to the court of hnal appeal. In the meantime from March until October. through the dead Hest months of a semi-tropical climate with unceasing toiling In the summer sun, his suffering and wretchedness, his danger and infamy would never cease. It seems that he might apply for writ of certiorari to the judge of the superior court (Acts General Assembly 1902, D. lO5) Could he have given bond and paid the costs that judicial officer might in his discretion have superseded the judg- ment of conviction. But the local law maker, keenly apprecative of the value of poor mans labor, stipuIates that in mch appeals, if unable to pay costs or give bond, the prisoner shall not be dis charged. Then it is true that before his cause with all of its importance could have been heard, had the petitioner sur yived, the punishment would have been suffered, and the judgment on appeal would have been worthless even had he prevailed"
 It is a mistake to say that Judge Speers objections be to the form of a sentence in recorders court. He bases his opinion on the declaration in the Fourteenth amendment, which says that no state shall deprive any person of life, liberty or property with. out due process of law. The entire scope of the decision is directed against the infiiction of infamous pun ishments by one man, and in favor oi judgments by ones peers. "One man, says Judge Speer, cannot adjudge in fanny" and a sentence to any chair gang is infamy.
 The case that arose before Judge Speer is to be carried to the Court o Appeals, and probably to the Supreme court. It bids fair to become a his toric case by determining what tn, phrase in the Fourteenth amendment due process of law" means-what it. scope and limitations are. It Is bes that so important a point should be definitely and conclusively stated by the court of last resort.
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 Immigration and the Law.