The herald and news. [volume] (Newberry S.C.) 1903-1937, 1913-10-10
COUNTIES CAN'T HAVE
CONVICTS RETURNED
WOULD REQUIRE ACT OF LEGIS.
LATURE TO Do so.
Opinion of Assistant Attorney General
Says Counties May Have Con-
victS.

OF us cOnFICtS W WI ~ O1 t10 P''"+40
roads in that county.
After reviewing the statutes with
regard to the operation Of the convlcts
at the penitentiary from the various
counties Mr.. Dominick concludes:
81 am of the opinion that after
convict has been once sentenced and
committed to the penitentiary ne con-
not be returned to the county from
which he was sent except by an ac1
of the general assembly.
However, Mr.. Dominick adds:
s'In the absence of such legisla-
ton" the convicts should they be re-
turned, would have to be supported
by the county and would have to be
paid for at The rate Of 81 per month.
Hon. A. K. Sanders, Chairman, Board
of Directors State Penitentiary, Co.
lumbia, S. C.
Dear Sir: This Office is in receipt of
yours enclosing copy of resolution OF
board of county commissioners OF
Spartanburg county and formal re-
quest of the supervisor of said county
asking you to turn over all able-bodl-
ed male prisoners now in the State
penitentiary, sentenced from Spar
tanburg county, to said county, to be
worked on it's chain-gang for the I'M
provement of public highways and 9TH
er public works, as provided by law for
persons convicted and sentenced to
chain-gang in said county, and IN
which you request an opinion from
this Office as to your right to deliver
the said convicts to said county for
work on the public roads.
Section 947 Of the Criminal Code OF
1912 provides:
"The penitentiary at Columbia, in
the county of Richland, shall be the
general penitentiary and prison of the
State, for the reformation as we'll as
the punishment of all offenders, IN
which shall be securely confined, en-
ployed and governed, in the manner
hereinafter directed, all offenders who
shall have been convicted and sentenc-
ed according to law to the punishment
of solitary Imprisonment or confne-
ment therein at hard labor.
Acts of the general assembly passed
subsequent to the section quoted have
. provided for the establishment OF
county chaingangs throughout the
counties, and the sentencing Of GER
tain convicts to work on the chain
gang and public works of the various
counties of the State. These chain
gang statutes have been variously
amended until the changing matter
has been covered in the act Of 1872,
page 554, section one Of said act read
ing as follows:
''That all able-bodied male convicts
shall hereafter be sentenced to hard
labor on the public works Of the coun-
ty in which convicted, if such county
maintains & changing, without re-
gard to the length of sentence, and
in the alternative to Imprisonment
in the county Jail or State penitentiary
J sat hard labor: Provided, That in any
case the presiding judge shall have
the power, by special order, to direct
Ak1at any person convicted before him
ES,e confined in the State penitentiary II
Vii is considered unsafe or unwise for
such convict to be committed to coun-
ty chain gang: Provided, That the pro-
visions of this act shall not apply to
the county of Greenville: Provided.
That a separation of the sexes and
races be at all times observed, except
in the penitentiary and on the State
farms, and Kershaw county: Provided,
efurther, Should the supervisor or com
missioner of any county find that it is
inconvenient or impractlcaole 10
work any convict committed to the
county changing, he may turn said
convict over to the penitentiary au-
thorities.'
n Section 96S of the Criminal Code of
912 refers to the hiring Of these con-
Syicts to the various counties for road
purposes, and is as follows:
1.-The superintendent and directors
1.-The State penitentiary are hereby
aorized and required to hire out
such of the several counties of
IS State, as may desire them, all
y able-bodied male convicts to hard