The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1920-08-28
WITHIN RIGHTS
IN BOWERS CASE.
City Judge Fleming Turns Ia
bles in Habeas Corpus
Proceedings.
ACTED AS JUVENILE JUDGE
Garden, City Attorney, Says
Fleming Cant Commit
for Contempt.

~ have not the right Snd the
authority 10 take little children
away from a house Of murder and
prostitution, away from an un.
worthy father and an untaIthful and
diseased mother, then | VIII throw
up my hands and surrender," City
Judge Marlin A. Fleming declared
In the criminal court Saturday
morning when the case OF Mildred
bowers, sentenced to ten days In
laH and fined $50 for contempt OF
tne city eoutr was being heard on
naoeas corpus proceedings before
Judge s. o. MoReynolds. -,
Il may not have the legal 10
90 SO. but have the moral and
no good citizen Of this coun;f q en-
Ter m, a protest" added the city ~.
There was no one in the : room
VINO disagreed with Judge y Ag ex.
dept as to his legal rigH y jail "a
ueiendant for contempt.
"unconstitutlonaL" S. arden.
City Attorney Frank ,rden an.
peared In his ofIiciaH a acity ana
proved bad lawyer fq 3 city Judge
as he told Judge McHe ds that the
city judge had the rfEhtgto fine hwt
not not to jail defendant for contemnt
Inc city attorney stated he was there
ropresenting the city, but he did NOT
aee now uhey could travel because II
was his opinion that the law ,,ndnr
which Judge Fleming was dneratins
was unconstitutional.
ne stated that the law giving the
Ihattahooga city judge the same powers
as other Judges was passed as an
amendment to the city charter and was
because II was class
,egisiation, since no other city Judge
had that authority. He also stated n
was ms opinion that the law was un-
constitutional because 1t was an at
tempt to amend a general law bv a
special act. ~
Atty. Gen. George Chamlee readi,v
stated to the court that he thought Mr.
Garden was wrong and that he
thought the city attorney should ACT
under the provision and let the courts
say whether the law was constitutional
,r not and not to take II on himself
1eeiy TO admit the law was unconstitu-
-ional. j. b. Frazier. Jr, appeared as
attorney for the Bowers woman, and
liter his argument Judge McReynolds
said there was nothing to act on, fol-
owing Mr.. Gardens admission.
Fleming Changes Situation.
In the meantime. City Judge Martin
A. Fleming came into court. and ex-
blamed that when he ordered the
Bowers woman to Jail for contempt he
vas not acting as city Judge but was
lcting in the capacity of Juvenile judge,
he powers of the later office being the
iame as those of the circuit judge.
This placed an entirely different light
IN the matter though City Attorney
Carden said he doubted the constitu-
ionality of this act. Judge Fleming
tated he had not requested Mr., Garden
IT anybody else 10 represent him. that
70 was there in the interest Of humani-
y and not TO take ADVANTAGE of tech
licaities In the law in orHdr to allow
'uch people as the Bowers TO run at
arge, live In debauchery, commit mur-
Ter and get away with II.
Tells Of overs Case.
The city Judge stated to the court |
hat in the Bowers woman the court
vas faced by one who lived with her
husband half the week and her lover the |
'ther half and then by such conduct |
vas directly responsible for the hus-
and numbering the lover. He said
ourt had a man who had condoned and |
participated in the immortality OF his |
wife, had then killed his wife's lover |
orgiven her and had returned to live |
With her. He said that all this had |
zone on and that amidst II all the little |
3owers children lived ana were set a |
most outrageous example.
0tNounCob lcCntCdHetous
III my authority as city judge does |
Iot give me the authority to alleviate |
his and these people are allowed TO
Walk free on account OF tecnicalities OF
he law, then throw up my hands and |
said Judge Fleming.
The Bowers woman was recently sem |
enced to serve ten days in Jail and |
ned $50 and costs because she had re-
used to obey an order OF Judge Flem- |
ng to bring her children into court |
ghere they could be looked after |
The court ordered the I
hldren brought into court at the trial |
Henry Bowers who killed Gus |
srickell. the Bowers woman, It is |
harged. being the cause Of the killing. |
he woman and husband. instead OF do |
1g as the court ordered. sent the chill
rem away and when she told the court |
his she was sentenced and fined for |
ontcmpt. Judge Fleming also issued an |
rder Saturday morning for the arrest OF |
Ienry Bowers for contempt. charging |
hat Bowers, who was present. was \
party TO the childreh's being sent
way.
The habeas corpus proceeding VIA he
enrd on next Saturday before Judge
IcReynods,