The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-03-14
IMPORTANT PEoNAGE CASE
Justice Brewers Decision VIII Have
Important Bearing on Alabama
Cases = Other News of
the state Capital.


Las Vegas, N. M; Am leaving for home
this afternoon" This will put him in
Montgomery Thursday, on which day
he will no doubt take over from Lieuten-
ant and Acting Governo. r. NJ. Cunning
ham, the reins of state. The latter hur-
rled home from trip aborad to relieve
the governor when he was told he would
have TO go west.
| Governor Jelks has been away during
some of the strenuous history of the
state. AS acting governor, DR.. Cunning
ham has had to send troops to Hunts
| Vile, arrange for a bond Issue, decide
about calling an extra session of the leg
islature when the judiciary statute was
declared invalid and do many other
things of moment. He has established
| some precedents along several lines and
made a record for the small number of
pardons issued. incidentally the acting
&c vernon has made many new and warm
| friends who will be happy to see him
come back after 1906 N his own right.
The governor will find warm welcome
| There mas hardly been day since he
left that some one has not gone to the
| office of the executive to ask about him.
From every section of the state the in
| quiry has come from time to time as to
his health Mrs. Jeks and their daugh-
ter Miss Catherine, will return with the
governor
Carmichael "Sore."
Judge j. M Carmichael, president of
! the state convict board, is quite angry
| OF to be more correct provoked at the
reports that have been circulated that
| two convicts would be turned loose anu
chased by convicts for the entertainment
of the New York baseball men who are
now in the city. The laws of Alabama
are very severe in the protection OF men
or women held in penal servitude, and
such action as has been reported would
| subject every man connected with II TO
dismissal or punishment and might De
| grounds for impeachment of the whole
board. When seen today, Judge Carmi-
| chael, who Is not much of a lover of base
! ball anyway, said ut is a Justification
| out of the whole cloth. ] would much
sooner see two baseball players chased
by the dogs for the entertainment OF the
convicts than the convicts for the pail
players The convicts are good 1or some
| thing after all"
The Judge and Associate Inspector Cam
per were of the opinion that such re-
port would do the state grave harm'
Interesting Peonage Decision.
The action of the supreme court of the
United States In holding the peonage law
| to be constitutional, announced In de-
! cision handed down by Justice Brewer to-
! day, will make some very interesting
| times in Alabama by the time the next
| session of the United States court comes
around. There are between hfteen ana
| twenty ALABAMA men under indictment
| for the crime and some are leading men
| of the communities in which they reside.
| There are cases Of white men holding
white men and negroes and negroes hold
| ing negroes. Some of the accusations indi-
| cate brutal treatment and acts that would
be strange in many lands where there Is
much less of enlightenment than Alabama
enjoys.
The peonage movement in Alabama
dates back to May 1903. when the atten-
| ton OF the United States court was called
| to alleged violations in Coosa and Talla-
| poosa county. Judge Thomas G. Jones.
who had assembled the bench only sheet
| time before, took great interest in the evil
dence that came into the hands of Dis
| trict Attorney w. 8. Reese. Jr. Mr.. Reese
| went vigorously to work on what he had
In the way of facts and soon had a num-
Der of indictments returned.
Trumps Up Charges.
| 1t had been charged that negroes would
be arrested on trumped up charges and
| tried before justices of the peace, who
would hold them for the fine and costs.
/ White men would confess judgment with
! them and they would be sent to work out
the money Ex-Sheriff John w. Pace and
| Lige Turner were workers Of convicts in
Tallapoosa county, and they were arrest
ed and cases made against them both.
| 1t was charged that they took the negroes
and worked them and If one escaped he
was taken back and made not only to
work out the first offense but a penalty
| for escape as we'll
There was a mistrial In the case of
| Turner and the jury was given raking
| over by Judge Jones. For this action
he was censured, j. Thomas Helm, now
Congressman, going over the state and
criticising him severely. Later, as If to
! show that the jury was wrong, Turner
pleaded guilty to the same offense for
which he was being tried. Pace pleaded
| guilty and his case has. been waiting the
action of the United States supreme court
on the constitutionality OF the law. There
were twelve or fifteen convictions in all,
one f. M. Pruitt. being a constable. Sew
eral others We're sent to the penitentiary
and later pardoned.
Attorney General Interested.
The attorney general of the United
| States has been very anxious about these
| cases. District Attorney Reese went to
| Washington. and talked the whole matter
| over and secured the appointment Of
| Julian Sternfeld as his assistant to do
| nothing but investigate these classes of
] violations. Both Mr.. Reese and Mr.. Stern
field have been pushing the matter and
have gone deeply into it. They think they
| have the best Of the present situation.
/ Mr.. Reese said that the difference in the
| Alabama cases and that of Georgia, which
| was reversed by the supreme court, was
| that in Alabama the poems were in a
| state of peonage and were returned after
escape to a state of peonage. Consequent
| ly there seems no way in the world by
| which they can get out of punishment In
| Alabama So intense was the feeling at
the time of the first convictions the gov
eminent sent special men to the state to
protect the witnesses and house was
| secured in Montgomery where the wit
nesses were kept and guarded by deputies
until their evidence was taken.
A very intere-ting case is likely to come
of the Indictment of s. d. May, former
sheriff of Crenshaw county. 1t is thought
at the government building that May As
in Mexico The attorney general will be
asked to have him brought back on ex-
traditions papers to the President of that
country. Whether extradition can be Sc
cured for that class of crime Is not known
all opinion of the attorney general being
necessary TO ascertain.
|