New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-07-11
POLICE INSCRIPTIONS.

Judge Emory Speer Of the United States Dis
trict Court of Georgia has just handed down
decision of far reaching Importance for the pro-
lection of citizens from infamous punishment
without trial by jury. The particular case in
volved the punishment of negro in the chain
gang, but, as the judge says in his opinion:
"This is not color line case 1t will be
white man. aye, a white child and a white
woman, tomorrow"
One Henry JamiSon, a middle aged man, was
arrested without a warrant by the police Of
Macon, Ga, one night placed in the city prison,
and the next morning summarily sentenced by
the recorder to two penalties for what was III
fact one offence. For drunken and diSorderly
conduct before his arrest he was fined So or
committed in default to ninety days in the chain
gang For the continuation of the drunken and
disorderly conduct while i'll the barracks he was
sentenced to n fine Of $50. 100 days in the
chain gang. He was unable to pay. and was
taken to the chain gang, dressed in the striped
garb Of a convict put in Chains, and set to work
III company with conyicts sentenced for in
famous crimes. He was guarded by armed men,
who shot down anybody attempting TO escape
and by overscers with whips, who logged fire.
quently IN his behalf n writ Of habeas corpus
was sued out in the United States Court on the
allegation that his sentence and punishment
were not by due process Of law This con-
tention is sustained by Judge Speer, and Jan;i-
son is ordered released.
While admitting the right of the recorders
court to inlict summary penalties for petty Of
fences, Judge Speer denies that man can with
out indictment by grand jury and the judg-
lnent of his peers, be subjected to what is in
fact an infamous punishment, the same punish
ment inflicted on men convicted of heinous
crimes. lie points out that far as the records
show there WAS no trial or finding of guilt or
Innocence hy recorder The records show
a sentence, and nothing more. Yet on this mere
order of one man Jamison was 10 be subjected
for seven months to hard labor under the lash,
in company with murderers and other hardened
criminals for the simple violation Of n municipal
ordinance. Suffering along with him under sim
Tar summary sentences was young white boy,
whose offence had been going 10 sleep in the
railway station, and while in the gang he was
brutaly whipped. The recorder has no power
TO sentence for serious crime. but holds accused
persons for the grand jury. Yet he sends TO
work under such conditions persons convicted
by him for violating bicycle ordinances, walk
ing on the park grass and other like petty Of
fences Judge Speer holds that such punish
mcnts are clearly of an infamous character, and
fortifics his view by many decisions that impris-
onment at hard labor is an Infamous penalty,
which can only bo inflicted after jury trial In
behalf OF the city 1t was said that this might
disgraced forever by punishment in the chain
gang, but that Negroes standing was not hurt
by it, and therefore the punishment could not
he regarded rs infamous Judge Specr answers:
Such considerations do not appeal 10 a court
charged with the equal enforcement Of the law.
Nor do l believe they meet the appreciation of
the best people OF the Southern States. Nor ars
such sentiments conducive TO our welfare or
hopeful for our future.
If this decision, which Will doubtless be APP
peaed, is upheld, great change will be forced
in the methods prevalent in the South for the
punishment Of petty negro offences. The police
court sentence has been buwarll Of peonage,
ana under it negroes for the mcrcst trtes have
been kept at WORT; for long terms But the de
cision is Of more than local Importance. The
arbitrary actions Of policemen and petty magis-
trates are an issue here. Justice Gaynor, Of this
city, has frequently called attention to the as
sumption Of unauthorized power by those who
are supposed to be custodians of the law. Judge
Spcer says:
The aSgressions of municipal corporations upon
the rights and liberties of the citizens, declared
by competent observers 10 be at once the most
vicious feature of our present social condition
and the most alarming portent of our future,
have thrust multitude of unconstitutional or
dinances before the courts of the United States
This has occasioned much shriinG and no little
objurgaton from the local interest from time
70 tire affected but, happily for the people. the
constitutional powers
We hear much in these days about the sacred
ness of jury trial in the Philippines, and about
the danger Of executive usurpation in Washing
ton, but there is vastly more danger TO liberty
in the petty but numberless uSurpations of our
minor municipal officers, who clothed with q
little power, tramp upon the personal rights Of
citizens and accustom the people to arbitrary
exercise of authority.