The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1905-03-27
Misdemeanor Prisoners Cannot
be Made to Labor.
Under This Construction n Number
Of Persons May he Indicted In
Paduc.b by Federal Court
JUDGE EVANS EXPLANATION,

10 the FEDERAL grand jury In LOUIS
Vile, is likely to become of formula
BILE significance to a number of Pa
ducahans when the federal grand
jury meets here next month.
Judge Evans, at Louisville, has
just delivered supplementary
charge to the grand jury further elu-
cldating the term, and according to
the view taken by the district attor-
ney, the mayor. the city itself, the
police board and the police officers
and perhaps others, may be indicted
under the federal statute. This Is
not for merely working prisoners on
the streets to pay fines, but for work.
ing them anywhere for misdemeanors
or for failure to execute peace
bonds. Saturdays Louisville Post
says in regard to the matter:
In a supplementary charge to the
United States grand jury today Judge
Evans explained the federal constitu-
ton and the statutes with their rela-
ton to the subject of peonage or i'm
prisonment except as a sentence for
the commission of a crime and in
structed the body, IL II should believe
from the evidence submitted, that
such offenses had been committed IL
Louisville, that 1t was its duty to re-
turn indictments.
Judge Evans told the grand jurors
that he thought that the word crime,
as used in the Thirteenth amendment
to the Constitution of the United
States, had broader meaning than
merely lettering on the streets or
something equally as insignificant.
He said that II must be crime, in
contradistinction to a misdemeanor,
and that, according to his views, the
amendment used II in that sense.
IL citizen, by order of any court,
is subjected to penal servitude,
Judge Evans said. except as punish
ment for a crime for which he stands
convicted, such court, and its Off
cials are guilty of violation of the
Thirteenth amendment to the Consti-
tuition and the laws of the United
States. Continuing, Judge Evans
said:
Worse Than n Pcnitentiary.
at has been called to my attention,
gentlemen, and IL has received my
earnest thought. that citizen of the
United States. attempting to exercise
right guaranteed by the constitu-
ton and laws of the United States;
namely, that right to give testimony
in this court. or before a grand jury
OF this court, has upon some insignifi-
cant charge been taken before one of
the courts of this city. and, under
the guise of that charge, has 'been
fined and sent to the workhouse, al
though an honest, industrious and
sober man--sent to the workhouse,
not only to pay out that fine, but put
under bond to keep the peace and
be of good behavior, first for term
of three months, and then, that not
satisfying them. adding to IL another
term. for the very same charge, of
four months, in all seven months,
subjecting that man to a condition
worse, probably. than in the peniten-
tiaries of this state, OF the country.
Intimidation of Witness.
From what has come to my ears,
though that is for you to say and not
for me, though II may explain my
earnestness In this matter, fear It
is, gentlemen, simply because II was
desired to punish, intimidate and ter
rorize him because he dared to APP
pear before grand jury of this court
to testify, as he was required to do,
to certain facts that were within his
knowledge. Gentlemen, II shall not
be the fault of this court, II one OF
its witnesses, called here TO do his
duty as a citizen, shall be subjected
to punishment OF this court In VIOLA
ton of the constitution OF the United
States. and In violation OF his right
as a free man, and In violation OF the
duties that are due to this court, not
to interfere with the witnesses, pro-
cesses. or those called upon to testify
In the administration OF its justice"
Cites AN Illustration.
To further illustrate, Judge Ey-
ans said that he desired to present
case which might be either abstract
on concrete. lie said that a man
would be arrested for trivial Of
Tense, taken before a court and fined
$40, After this penalty had been i'm
posed, the prisoner would be further
subjected to heavy bond, In lieu of
which, II he could not furnish same,