The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1914-03-31
SUPREME COURT SUSTAINS JUDGE
COOKE IN THE FLOGCiNC CASE
Full Text OF Opinions of Chief Justice Clark, Justice Aller
Concurring; and Justice Hoke, Justices Brown and
Walker Concurring

hdu Dtcl maze. |
1t is true that flogsins has been
customary in the States Prison. ana
also IN the county convict camps, but
mat Is no defense unless such discip- |
lIne Is reasonable and necessary. for |
no act Of the Legislature has expressly
authorized it In the absence Of such
statute, whether any given measure of
olscip!lne can be authorized by those
IN charge of the State and county
prisoners depends upon whether the
measure OF discipline Is reasonably
necessary. In view OF the enlighten-
ment Of this age, and the progress
which has been made in prison dis
Clpline, we have no difficulty in COM
ing TO the conclusion that corporal
punishment by flegging is not reason
able and a not be sustained. That
which degrades and embrutes a ma
can not be either necessary OF reason
able.
Originally flogging was recognized
as a proper punishment in the armies
n navies Of the world. But it has
long since been abolished in those
services everywhere Notwithstanding
the protests of officials WHO declared
that the result would be mut;ny and
dlSorganlZatiOn. Plugging has been
long since abolished as a part of priS-
on discipline by all the great and en-
llshtened nations of the world. except
III IAuSSld. III EISlalu. rance, Ger
many, Austria, Italy, Belgium, Hoi-
land. Switzerland, Spain, and by the
government of the United States and
in most other civilized countries and
even in MeXico the lash as an ad-
junct OF prison discipline has long
since been forbidden. In Mexico il
1908, Art. $50 was adopted: The
punishment shall not be employer
either as a sentence OF the court or as
a part Of prison discipline. This has
been taken substantially from tbs
statutes obtaining in the more ad
vanced countries.
The statute in New York provides
Nc guard in any prison shall inflic'
any blows whatsoever upon any pris
oner unless in self defense. or to sup
press a revolt or inSurreCtion.
Statutes or regulations to the sa me ef
feet a~bolishing f1ogging prevail in al
the Northern and Western States, 3
out of 4S, and it is there locked upoi
as a Survival Of barbarisrn. In man;
OF the Southern States as IN Maryland
!, District of Columbia. West Virginia
Oklahoma, Tennessee, Texas, ant
others it has also been abolishe,
and prohibited. This is one Of tn
few States in Winch it has been re
tanned, not by authority OF law but a
a a matter Of custom, and it is here tn
I | SuIFlfdl OoDOllSSS Oh d - ilCt III
ton Of society and it has ngeret
, here, probably, owing to the fact tina
an unusually large part Of our crini
r nal population are colored.
e The growing humanity OF the as
demands that Punishment fer crAfr1s
however, justly inflicted, should =
~hurnanely administered with due rt
q gard to the rights OF the prlsone
It About a century and a quarter az
nAo1 Iowa nyy r
e visited the prisons of Europe he aNol
h the world to a realization of the eVi
'e inflicted upon prisoners III EDg!an'
and in other countries. He 1ouE
r that the prisons were for the mo
: part pestiferous dens, o~Ter-crowde
dark. foHlly dirty, not only III vent
lated. but deprived altogether Of fires
70 air. The wretChed inmates were d
N pendent for food upon the caprice
d. their ~jailers 81 the charity Of tt
10 benevolent; water was denied the
G. except in the scantiest proportion
es their only bedding was putrid stra'
n Every one in durance, whether tri;
IA or untried, was heavily ironed. 4
re alike were subject 40 the rapacity
IL their ~jailers and the extortions
their fellows. Jail fees were levi,
ruthiesSiy-also- a CONTRIBUTION "
in paid by each individual to a comm
fund to be spent by the whole boz
generally IN drink. 1dit'eSS, aiuIi
er enness, vicious intercourse, sickne'
Tvs starvation, squalor, cruelty, chat,
or awful depression and everywhere CT
n pable neglect. In these words m
all be summed up the state Of the ia
lty at the time OF Towards visitation.
nd this time prisons were prlnlaf-
to places Of detefsiCn n, not Of punis
"a ment. filled by accused person st
Of innocent in the eyes of the Law, a
debtors guilty OF breaches OF the Il
,u- ancial rules Of a commercial count
Die framed chiefly in the interest OF
creditor. Freedom from arrest. "
'er guaranteed by Magma Carta. save
as a criminal charge, yet thousands VIZ
he committed 10 jail oR legal fictions a
.ng retained indefinitely for costs far
IN excess OF the original debt The i
OF ~pecunious were locked up and depr
lac ed Of all hope Of earning means
obtain enlargement; while their tai
Try lies ana persons dependent on tn
shared taeir Imprisonment and ado