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

= Aa&" EAAF- 80 Aft++ 04 49, SIS A%A#@
or other oTrnse not involving moral
tur74tute, ana while in tAi3 - o. thH
roads lie should violate some order I
Il prison authorities Shall hc %
logged as Gallagher was. ana DIS
-rac@d for life We have no decision
sustaining the right To fog pri>oners
10 u ~overrul@d a. ia the husbands
case above Cit~d.
Ign view 81 these considerations and
the ltnpolscy IF sub1cCtlnc men With
out trial. at the arbitrary Viii ~ other
men. h 4 punishment whose enc
must be u destroy the SELF respect OF
me NlCtlm and harden and eubruts
him, II IS no wonder that the intel
Isenc" and humanity II the axe ha~
abolished iloGclnC. in all bat \ few
states Of thts country. as any part
OF PRISON discipline. While our CON
~sttuuonai provision against the int5c-
ton Of orporat punishment a.
part OF the sentence OF the courts doe.
not directly prohibt, - innlctlon in
prison discipline. lis spirit - certainly
against the longer use 81 flosrnE for
that purpose.
The smallness Of the sentence IN
posed in this case "a me uf SO "a n
and the COSTS indicates that the hu-
name and just Judge who tried this
cause deemed that the act Of the de
PENDANTS was without a~Egravation and
that they were only following the Gus
tom which has been observed n This
State up to this time. W. have been
however. discussing the legal rights 90
prisoners and We find no authority for
| its longer continuance.
IN at least two Of the States. where
the parole system obtains. il ias been
found that prisoners can be worked
with some exceptions. bv humane
methods which equIr the imposition
OF no punishment and by the hope II
reward and by the shortening OF their
stenCes for good conduct In others I
modification Of this system has been
successful. These are matters. how
ever. that rest With the Legislature
and prison authorities.
We may note that the act Of 1911.
: chapter Ga. prescribing that persons
sentenced 10 work on the public roads
for nliSdeneanOrS shall not wear
1elonS stripes. Is an Indication that the
: Legislature did not intend that prls-
} onerS should be subjected IL any an
] necessary degradation. We are con
strained 10 say that there i no statute
t and there has been no decision by the
: courts in this State that authorizes the
lnflctlon Of f1ogglng as a part of prison
g discipline and that it Is contrary -
the spirit, at least. of the Constitu-
} tional provision referred to. Such he
ing IA case we must hold that th4
flogging Of Gallagher was inflicted Il
legally and without authority Of law
9 No Error.
Judges Hokc Brown and Walker.
Ic The ~concurring opinion of JUdee
/ Hoke, in which Judges Brown and
) Walker join, reads:
Il concur in the disposition mad.
; Of this appeal and am of the Opinion
that the laws of North Carolina. ap
At plicable to the subject, do not refe
ie the control and discipline Of prisoner
to the u~nregulated discretion Of sub
Z ordinate administrative officials. TIL,
IS general statute on the subject .
&c working convicts on the public road
1e Rev. 1905, Sec. 1856. provides ina
st The county authorities shall hay
+ power to enact all needful rules an,
IL. regulations for the successful UorkiD
ae of conHicts on the public roads. etc
Il. etc, and the law of 1909, the statut
OF specially applicable to Wake count
e c~onfers like power on the authoritie
n of that county with the linitatio
S that the regulations made shall be
V. accord with those which prevail
s. the State prison: a limitation whic
e does not obtain unless and until th
fe authorities Of the State prison cha
as have made such rules. These statute
clearly contemplate that the contr,
\. and discipline of convictS and pa
as ticularly in reference to their pun:st
ment, corporal or other, Shall be pa
is suant TO rules formally made an
'e- published 10y the Board OF Count
rts Commissioners. or their Guly autho'
n lied agents. and | would not heslta'
- to hold that these rules should !
/. humane. reasonably designed to efe
II the we'll ordered s~orernaLce Of COZ
De vincts and that. in their prOninel
lie features, they should be made know
OF before hand 10 each ard every pr,sol
On er that they may live and ACT wi
in knowIedsa al the penaIties attenda1
on disohedienca In apnlyin. s;lch
ne. standard, | am not prepared 20 So
To- that, never under airy circumstance
cd is corporal punishment permissible
m that carefully prepared rules. laoki
ne 10 such result, are. IN all instance
in up1aufui nm, the question Is moi or
sented on this anr,eai for there "a
its nroof or suggestion that there ~e
OF any rules OF regulations Of any XII
i which authorized the punishment
afF ficted in the present case. Am