The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-03-30
Prosecutions for Peonage Prom:
Use to be Vigorous
LOUISVILLE CASE NOVEL
Not Unlikely That Contention Made
There Will be Applied In Alabama.
Many indictments Have
Been Returned.
BY HzRvEY w. LAIRD.

Montgomery, March -(Speeial)-I
looks now as If John w. Pace of ITALIA
poosa county ex-sheriff and worker of
county eonvicts. will have to spend some
time in the service of Uncle Sam, unless
he. can secure a pardon or the sentence
of the United States court for the middle
district of Alabama is in some other
way held up, or he carry the cases
against him to the supreme court of the
United States In the latter case there
will be little hope as that court has just
decided a contention that covers his
troubles exactly Pace has pleaded guilty
In eleven cases of peonage in his home
county of Tallapoosa and the United
States circuit court of appeals at New
Orleans has held that he should be pun
shed
The case of Mr.. Pace dates back to
several years ago when the United States
court presided over by Judge Thomas
G. Jones, with Warren S. Reese, Jr., as
district attorney, made an onslaught on
the practice of peonage in Alabama.
Capt. II. Clay Dickey of the United
| States secret service was sent to Ala.
bama from Memphis to aid in the inves-
legations. Pace, who had been sheriff
of Tallapoosa county was arrested An
other man named Turner and one named
Franklin were also taken In, with several
others in Coosa and Tallapoosa counties.
1t will be recalled that In the trial OF
Turner Judge Jones gave the Jury Sc
we're roast and was criticized by Con-
gresham Hefiin in several section of the
state.
Pace Pleaded Guilty.
Finally Pace plead guilty to eleven
cases of peonage and was given a concur
rent sentence of five years in the peni-
tertiary. He appealed to the United
States circuit court of appeals which
sat here last October That court has
just affirmed the decision of the lower
court in the conviction of Pace, the fol-
lowing notice having been received today
from the clerk:
Per curtain. The judgment of the dis
trict court is affirmed on ~ authority
o. Samuel r. Clyatt, VS. the United
States, decided by The supreme court
March 49, 1905. AS to the second sec
ton of the indictment see also Gardner
VS.. the United etates, 81 Fed. 172.'
The case can only go to the supreme
court now In the event that he does not
carry 1t there, there seems nothing save
pardon in the wav of the service of the
sentence by Mr.. Pace.
Spears Opinion.
The notice i'm the press dispatches today
of the arrest of officials of Louisville on
charges of peonage. seems to have re-
suited from the position taken by Judge
Emory Spear OF Georgia, on the ques-
ton Of city working of men and women
for charges not known to the common
law or made crimes by the laws of the
state. In. his charge to the grand jury at
Macon Judge Spear made this plain. He
pointed ont that there are many alleged
offenses in the cities for which men and
women are held In sdurance which have
no right in the sight of reason and law.
and that these are direct violations of the
coinage statutes 1t Is proposed to make
test case in the courts of Kentucky,
the particular cases under consideration
being for throwing garbage on the street.
May Apply Locally.
It is not unreasonable to presume that