Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1905-03-25
ALLEGED eEoNAGE IN GEORGIA
There seems to have been severa-

r1gnUS OF humanity under our SuaU-
utes, and under the moral laws of
a civilized people. But there is
another phase of the discussion IN
regard to peonage growing out OF
the issue joined between the Dis
trict Court and the Recorders
Court in Macon
The charge delivered in SaVan-
nah on Monday to the grand jury
in the United States Court by Judge
Speer, thanked by the recent decls-
ion of the Supreme court III the
Clyatt case, makes condition which
must provoke discussion with the
view to better understanding all
round.
Peonage such as developed in the
Savannah cases cannot be tolerated
at all. The negro must be dealt
with in absolute fairness and good
faith; if not leniency. He is en-
titled to the protection of life, lib
erty and property, when not offend
ing against the laws of the land.
But is the line to be drawn
through "the laws of the land, F." or
at police courts?
A negro is arrested for drunken
ness and disorderly conduct. He
resists the arresting officer, fights
him and pours out upon that officer
vile curses and abuse. The Re
corder sends him to the county
gang upon the public roads. Is
that man a peon? Is the judge
who sentenced him, and the coun-
ty authorities that hold him, guilty
of the crime of peonage? Can 8
man be sentenced to ball and chair
on the public works for a petty of
Tense, or to the rock pile, without
a trial by jury-"due process Of
| lava" These are the rife questions
| The Telegraph has tried to gel
the opinions of some of our law
yers for publication on these points
but withoutsuccess Some of then
say to us privately that Judge
ISpeer is "about half right" 9th
ers say that he is wholly wrong
When doctors disagree, or will moi
talk, what shall laymen do?
! We have not seen the full text o.
the decision in the Clyatt case
THE lawyers in Macon have not ye1
received it. Judge Speer, how
ever, makes the following quota
!, ton from it, and the main purpose
of this article is to direct attention
to it so that lawyers, laymen and
legislators may look for and study
the full text when itarrives:
"This legislation is not limited tx
the territories or other parts of th'
strictly national domain, but is OPP
erative in the states and wherever
the sovereignty of the United
States extends. We entertain M
, doubt of the validity of this legis
lation, or of its applicability to th'
cause of any person holding anoth
er in state of peonage, and this
[ whether there be municipal ordi
nance or state law sanctioning such
holding. 1t operates directly OF
every citizen of the republic wher
ever his residence may be-"
The "1egislation' referred tt
here is the recently unearthed act
of congress of ancient date, for.
bidding peonage in certain south.
western territories which were once
a part of the domain of Mexico
and in which the Mexican peonage
system was in vogue when that sec
ton came under the American flag
The court held, as seen above, that
"this legislation" applies to the
states-to all and every part of
them-and that the peonage de-
scribed and condemned is a viola
ton of law "whether there be mu-
nicipal ordinance or state law sane
tioning such holding"
If, then, Judge Speer is right in
his opinion in the Jemison case,
flanked by this announcement by
the Supreme Court, it is imperative
that our legislature convene at the
earliest practical moment and get
to work with revising onr penal
system. Otherwise there is danger
that many of our judges, sheriffs,
guards, county and state authori-
ties, will land in the Ohio state
prison.
If, on the ohter hand, Judge
Speer is wrong, let us hope that
the supreme court will soon relieve
the situation by handing down a
reversal in the JemisOn case. We
want to know where we stand in
Georgia.-Macon Telegraph.