The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1905-04-17
WHAT is CRIME?
TO BIZ PASSED ON
BY the Federal Court in a Short
Time at Louisville.
Pconage Gases In Paducab VIII Not
Bc Taken Up Until Judge
Evans Decides.
STATUS OF LOUISVILLE CASES

II has been definitely decided. Il
Is understood not TO take up the
peonage cases In Paduoah at the pre-
sent term of federal court, as Judge
Evans has rendered no opinion In
the Louisville cases, and until he
'does Il is not deemed advisable to
bring Indictments here. If Judge
Evans should decide that II II Is a VIC
latlon of the federal constitution to
work prisoners for unpaid fines, an
November the indictments may be
brought here as well as now.
District Attorney Hill said today
that he could not say whether the
peonage cases would be taken up
here or not, but Assistant Attorney
Thatcher stated that in his opinion
the cases would not be taken up at
this term OF court, which is proba-
bly, correct.
The peonage cases at Louisville,
as predicted In The Sun several days
ago, have now resolved themselves
into the construction vi the meaning
OF "crime" in the thirteenth amend
ment to the federal constitution.
The city OF Louisville. In view OF
the agitation, has now stopped work
ing prisoners when they fail to exc
cute a bond for their good behavior,
but still works them for fines.
The Courler-Journal says of the
cases.
The so-called pconage cases Of Jer-
~ Cook and Bob Price, colored,
which came up yesterday for argu-
ment on habeas corpus proceedings
before Judge Walter Evans In the
I, deral district court. have now re-
sclved themselves into the exact def
milton OF the term crime" as used
I'm the Thirteenth amendment OF the
D ederal Constitution and as contra
distinguished from offenses general
~ termed mlsdemeanors.
Judge Evans took the cases under
Amusement and will probably not
hand down his opinion until after
holding OF court at Paducah and
Owensboro.
District Attorney II. ID. yin in his
argument contended for two posi-
tons:
No right existed to confine one in
the workhouse in default of fine
Aposed as a penalty for an onense
mot of sufficient dye" to be called
crime.
No right exists TO work a prisoner
in the workhouse when confined
there for failure to execute bona
for good behavior or to keep the
peace.
City Attorney A. +. Richards In
his answer to the writs conceded
District Attorney Hill's second con-
tention, but took issue on the first.
He admitted that the city had reeog-
nized the involuntary servitude as IL
Legal and that Il had been abrogatei
by the board OF public safety.
Mr.. Richards also said that, In ac-
cordance with his advice, the board
of public safety had abrogated the
ipniction OF hard labor In default OF
bonds to keep the peace, and had
also abandoned the use of striped
uniforms.
The question then remalns' Nhat
offenses are OF sufficient dye to be
called 'crlme?" The supreme court
recently held in an oleomargarine
case, where the accuseds was tried
not Ny jury, and fined $50, thai
this character of oifense was not a
crime"
An interesting consequence TO the
ultimate decision In the case Is that
IL the supreme court should limit
the term "Crime" so as To Include
certain offenses now known as mis-
demanors, communities would be
subjected TO heavy expenses for the
maintenance of prisoners held Tor
fines, but who could not, as now, be
subjected to hard labor, thereby
making some adequate return Tor
| their keep.