The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1914-03-31

4 I
ga from Wake. III which the legality
81 ne whipping OF convicts was in
: lied. sustaining Judge Cooke who
MA that the Wake county super
ns,rs violated the law when they
G,eend Dan Gallagher, a convict.
htef Justice Clark holds that all
hippinr of convictS is illegal and
justice Allen concurs in this opinion.
.r-ticce Hoke Brown and Walker, in
an opinion written by Justice Hoke,
while ~concurring in the disposition
,nad. Of this particular appeal, are
49, prepared to say that never, un-
der any circumstances, is corporal
,~1o,shment permissible" The full
t.Nt Of both opinions follows:
Opinion BY Chief Justice.
The defendant Nipper was super
VISOR IN charge of a camp of c%onvicts
V.orEing upon the roads of Wake
r,lntv. and the defendant Johnson
vss a guard at said camp. They
we're convicted of assaulting. beat
ing and wounding. n Dan Gallagh-
nr. q convict under their charge and
suDprvision. with a leather strap. 16
inches long and 3 IL inches wide,
,ttached 10 a wooden handle 5 inches
L,ns. whereby ne was badly beaten
and bruised. Said Gallagher vas a
man between 40 and As years of age.
IL was logged on his bare flesh. A
f.v- hours later he was taken i'll and
died hat afternoon. The county
uhysician testified that he did not
think the death of the said Gallghe,
was attributable in any way to the
whipping. The chastisement was in
Firted for refusal TO work when or
darcI TO do so. 1t was in evidence
jhat chastisement with a strap as
"A means Of discipline for prisoners
mad been in general use and adoption
ana had been generally practiced In
wake county. for more than a enc
ration
The court stated from the bench
before the argument began, that at
Ter full consideration of the subjeci
he had reached the conclusion tina
under the constitution and laws OF
this State. the authorities who have
control over COnvictS nave no rlgh'
t. administer whippinGs to then To-
causes OF discipline. and that thi'
feature VAS eliminated from the fur
Their discussion Of the case Thu
exception to this presents the contro
versy before us. The jury found tn
defendants guilty and his n i'm
posed a fine of $40 and costs. on eac;
defendant.
The indictment was not for homi
eide but for aSSa ult and it was doubt
less due to the fact that there wa
absence OF all evidence of mahce
the testimony of the physician aboy
stated and the further evidence tina
the use OF such punishment had al
ways been customary that his homo
imposed 80 light a pun iShment.
n Attorney Genera presents &c
our consideration the fact that tn
Constitution, Art. XII, Sec. i, declare
thai Death. Imprisonment, with Q
without hard labor, fines, remove
from office and disqualification to hOl
s,ice shall be the only pHnisnmeT
known TO the la WIS of this State Pre-
vious to 1858 We had retained tn
common law p~unishmentS by Whlc
many corporal punishments could
inflicted. suCh as branding for maj
slaughter, cropping the ears Tor pc
Jury, setting in the stocks, and flo;
ging. The Constitution OF 1858 II
tende by the above provisions to r
strict the sentences which might
imposed by the courts upon convlctlt
of crime to those above enumerate
This constitutional provision has ]
direct application 10 the discipline T
puired in our jails and penitentari
for if se it would prevent solitary co
hnement. restriction OF ratlonS al
other reasonable punishments that a
IN use in prisons ana per
tentaries.
w aoCottob oEoSA'
lie used as part of the discipline
our state and county prisons depsn
not alone upon the constitutional pr
vision but upon the question whefh
u is reasonable or authorised. La
1909. chapter Isl. section >.
Wake county provides: The co
-icts sentenced for hare labor sh
be under the control OF the couf
commissioners OF said county, a
said authorities shall have power
enforce all needful rules ard z
tions for the successful workings
ali ConyictS upon the highways q
commit to the superintendent or
peryisors the custody OF the Wh
and any part of the convict force. A
they may authorize and eHipoV
theEa to use such discipline only
may ee necessary 10 carry out
rules and regulations ia the work
OF the highways to which SAID c.
~icts may be pat By the order
the county commissioners to
the same extent rs Is ll0Wcd by J
~ sGc authorities Of the peHitcnti;
in tiac sttstoCly and control al cOBH1