Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1916-07-14
court ENJOINS
AGAINST ABUSE
Of FEE system
Judge Sorrells Discharges
Negress Who Was Given
Liberty After Conviction.

That the criminal laws are intended
to discourage crime through punish
ment of offenders and not to pile up
fees, was the reminder to justices of
the peace and constables voiced yes
terday by Circuit Judge w. B. Sorrclls
at the conclusion of habes corpus pro-
ceedings which resulted in the re-
lease from The county farm of Ethel
Miller, negress.
The petition in behalf of Ethel was
filed in the name of her husband,
Remley Miller, by Attorney Creed
Caldwell, the writ being made return
able Yesterday when the hearing was
had.
The court found that Ethel had been
tried on March Is before Justice of the
Peace Brewster of Vaugine township
and convicted of misdemeanor; that
she was sentenced to pay fine of $50
and costs, being notified that the fine
would be reduced to 81 and costs if she
secured the money and paid the fine
and costs; that she was released from
custody under promise to pay, but
she failed to do so and was rearrested
on June 10 by Constable Green on a
commitment issued by Justice of the
Peace Brewster, charging her with a
fine of $25 and costs, amounting in all
to $42.25; that she was delivered by
the constable to the jailer, who de-
livered her to E. c. Pyatt, contractor
for county convicts, and that she had
been on the farm since June 20. The
court held Ethel was illegally re-
strained of her liberty, and ordered
she be discharged.
The point on which the court found
she was illegally in custody, was be-
cause she was released after being
sentenced and before paying the Judg-
ment, the law being that in such a
case the Judgment becomes debt col
lectable through prosecution of civil
action.
The costs of the proceedings are
likely to be assessed against Or.
Pyatt, the contractor for county gcop-
victs, because he happened to be the
person having the woman in custody
at the time Of the issuance OF the writ.
1t is pointed out that DR.. Pyatt can
afford to bear the costs because under
his contract with the county he ac-
cepts convcts and pays the costs only
in cases where, the fines are equal IN
amount to the costs. 1t has been
found impossible to lease the convlcts
on any other basis because otherwise
the convicts could not be worked eN-
cept at loss, it is said.
Convict Leasing System.
Under the system in effect IN this
and most other counties where the
convicts are leased, the contractors
pay the costs and are allowed the fine
for feeding, lodging and giving medl-
cal attention to the convlcts. In ad-
dition, they must provide Tor trans
porting the convicts to and from the
farm, and for guarding them. The
county is relieved of the expense OF
meeting fee bills in cases where CON
victs are secured and the sentences
worked out, and also Of the expense OF
caring for the prisoners.
Judgment are worked out at the
rate OF rs cents per day, so that If con-
tractors accepted convicts in cases
where small fines are imposed, 1t IS
explained, they would find 1t more
profitable to employ free labor. This
is illustrated by citing an instance. III
a sentence of fine OF vi ana costs
of $1725 was imposed and the con-
tractor was compelled to take the prls-
oner, he would have to pay $l7.25 to
the officers for fees, provide clothing,
food, lodging, medical attention and
guards at his own expense, and in re-
turn would receive the prisoners labor
for % days. Experience has proved
that this expense would be considerab-
" more than the cost of free labor for
% days.
On the other hand, if a sentence of
a fine of $25 and costs of $l7.25 was
imposed and worked out, the contrac-
tor would get 81 days labor from the
prisoner for the SIPS paid in fees
and the expense of caring for the
prisoner during the period.
-.
Two New Suits.
Fox Brothers Hardware company
yesterday filed suit in circuit court
against Dewitt Markham for $3l2.2S,