Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1905-12-30
JUDGE SpEEU and GEORGIA.
THE SUPREME COURT PAUsEs
Henry Jamison at Liberty-Puzzline
Complications.

Because Henry Jamison, the Ma
con ucsro who has brought into
question the legality OF the Macon
Changing. is not now iu the custody
of e. A. Wimbish, superintendent Of
the gans and defendant in error in
.Jamison's suit. the supreme court OF
Georgia yesterday declined to hear
the appeal i'm his habeas corpus
proceedings from Bibb superior
court.
When the Jamison appeal was
called i'm the supreme court yester-
day. Minter Wimberly, Macon's city
attorney. VINO IS handling the city's
side of the case moved TO dismiss
the appeal on the ground stated,
because a habeas corpus proceeding
applies only i'm case the plaintiff is
iu custody or control of the party
from whom relief rs sought.
The supreme court seemed TO take
this view of the case, and called on
the plaintiff In error TO show cause
.on january 15. next. why the ap-
Following is the order which the
supreme court passed in the case:
"Ir being brought 20 the knowl-
edge of the coast that the plaintiff
in error is no longer En- the custody
of the respondent TO the writ of ha-
beas corpus issued by the Judge Of
the superior court of Bibb county
which fact. while not admitted, is
not controvcrted by the plaintiff in
error.
'It is ordered that the hearing Of
this case on it's merits ana on the
motion to dismiss the writ OF error
Dee postponed until the 18th day Of
January. 1906, ard that the plaintiff
.in error show cause on thac day
why the writ of error should not be
dismissed.
The defendant i'm error is hereby
.rivou leave ON or before that day. to
.hle in the office of the clerk OF this
court complete Transcript OF the
record in the district court of the
United States. for the western divis-
ion OF the southern district of Goor
STA. under which 10 is claimed that
rhe plaintiff i'm error has voluntarily
secured his release from the custody
.of the dcfcu jaut in error by an ap
piiCauon for a writ OF habeas corpus
since the rendition OF the judgment
complained off,
BRIEF HISTORY OF THE CASE.
After Jamison's first release from
the Bibb county changing boy order
OF judge Spocr. of the southern dis
trlct OF Georgia. an appeal was "a
ken TO- the supreme court of the n
nited States. THAI court holding that
Jamisou should first exhaust an
remedies Afforded by the state
courts Before tho romittitur ar
rived from the supreme court of
The United States Jamis0n was q
gain taken into custody and ru
turned 90 tho B.bb county chain
gang.
A wait of hobeas corpus was az
pNCd Cor before judge Feltou. of
Bbb superior court. ANA Judge Eel
/ ton denied thc petition. Before au
/ appeal could Dee had Co the supreme
court of Georgia, Judge Snccr again
| released Jamison upon habeas cor
pus proceedings ON the ground tha,
! ass Judge FELTON, declined 90 release
Jamison pending the habcas corpus
proceedings in che superior court
| Jamison had in effect. exhausted All
tho remedies afforded by the state
courts.
This last action of Judge Speer's
of course. took Jamison out OF ths
custody of Wimbish. AGAINST
whom the proceeding was brought
and &c is for this reason that the
state supreme court passed the fore
going order with regard TO the case
This lis the latest development fr
the hard fight that is being made a.
gainst the legality of the chainganp
system. After it has gone through
the state courts, the matter will. nc
| doubt, again be taken TO the SUI
ipreme court of the United States fol
| a decision on its merits.
In the hearing yesterday Henry
Jamison, the plaintiff IN error, was
represented by Alex Alderman, OF
Macon and the state by Minter VIM
berly of Macon.