The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1904-07-06
SUMTER S. c.. WEDNESDAY. JULY 9. 1904
MACON WILL APPEAL.
Judge speer's Decision to be
Taken to Higher Conrt.

Macon, June 30.-The city of Macon
will appeal from the opinion rendered
by Judge Emory Speer, of the United
States Court in the habeas corpus pro-
ceedings in the Jemmison case which
was decided yesterday.
4 resolution was unanimously adopt
ed last night authorizing City Attor-
ney Wimberly to proceed to make an
appeal and to procure all legal assis-
tance necessary.
A letter was read before the council
from City Attorney Wimberly recon-
mending this action, and declaring
that if the present decision stands it
will work inestimable damage to the
city OF Macon.
The following is the attorneys letter ::
Macon, Ca, June %, 1904.
"Hon Bridges Smith, Mayor, the
Mayor and Council of the city of
Macon.
"Sirs: Judge Emory Speer render
ed his opinion this morning in the
case of Henry Jammison against E. A.
Wimbush, petition for writ of habe
as corpus, to be discharged from con-
finement under a sentence of the Re
corder's Court.
81 have not been able to procure
the original copy of the opinion, but
was present when the same was de-
livered.
"The ruling in this case is based
principally upon the opinion that the
charter provision authorizing the re-
corder to sentence violator of the mu-
nicipal laws to the chain gang is abso-
lutely void. If this opinion is the
law, the every person upon the county
chain gang sent up by the Recorders
Court ought to be Immediately dis
charged and other means for the pun
ishment of violators Of municipal law
must be devised.
81 am informed that there are at
present about one hundred persons
working upon the chain gang under
sentence of the Recorders Court.
In order to preserve order and pro-
tect the peace in your city about this
number must be constantly imprison-
ed. If set at liberty any violations of
the law would have no terrors for
them, life would become dangerous and
property not be safe.
"To provide suitabJ" place for the
detention and imprisonment Of this
number of malefactors other thar now
provided by law would be burden up
on the city.
"The suggestion that there should
he trial by jury would result in a
terrible hardship upon the poorer class
es, who are violators of municipal
laws. In addition to fines, the costs
of prosecution would probably be in
Aictd upon them with proportionate
increase of service or confnemnt.
"Inasmuch as the Recorders Court
tries and disposes Of probably twenty
times as many cases as are tried and
disposed of in the Federal, Superior
and City Courts of Macon, to provide
for accusation and trial by jury with
the complicated system incident to
court with jury trials would necessi-
tate probably four courts at least, each
of which would be as expansive as tie
City Court of Macon.
"You will at once see that this
would bankrupt the city.
"While the Recorders Court of the
city of Macon has the power to infilct
pecuniary fines and i'm prisonment on
the chain gang for as long time as
six months, this discretion in my
opinion is wise one. The infection
of six months penalty for petty
violation of an ordinance such as
walking on the grass or throwing trash
upon the streets might probably be
gross abuse of authority, yet
where a drunken man beats women
and children and commits an unjusti-
fable assault within the city limits,
the full limit of six months would be
amply justified.
"In my opinion the case is one of
such Importance and the results so far
reaching that it would be very wise
thing to appeal this case.
Respectfully submitted,
"(Signed) Mihter Wimberly."