Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-02-27
HARDW|CK ISSUES
ORDER ENDING USE
Of LASH IN PRISON
Advice of Attorney General
Followed by Chief lExecu-
tive After Every Consider
alton Is Given Question

Governor Hardwick on Saturday
issued his order abolishing the use
OF the lash in the convict camps and
prisons of Georgia, and giving his
reasons therefor.
Squarely on the ground that the
constitution of Georgia prohibits
whipping, the governor bases his or
der.
IF the constitution forbids the
courts to impose flogging as a pun
ishment for crime" he declares,
surely it likewise forbids the Off
GERS or agents of any executive de-
partment of the government from
inf1icting 1ogging or whipping as a
part, although Incidental and in
direct. of the punishment" =
For years opposition has existed
to the use of the lash. Repeated
though unsuccessful efforts have
been made to get it abolished. Some
months ago a committee represent
ing the Council of Christian
Churches of Atlanta presented the
governor legal brief undertaking
to show that the constitution has
provision which forbids whipping as
a punishment for crime, is appli-
cable likewise to whipping as
means of discipline in carrying out
a punishment for crime.
Violation of Constitution
Governor Hardwick was impressed
by the arguments and citations in
the brief.
He submitted it to Attorney Gen
eral Napier, who held that whipping
is a violation at least of the spirit
of the constitution. The governor
then laid the matter before the pris-
on commission. They urged him to
let a test case be brought in the
courts to settle the constitutional
question.
The law relating to convicts and
prison camps provides that they
shall be operated under rules and
regulations prescribed by the pris-
on commission subject to the COVER
nor's approval. Rule II Of the COM
missions rules made in 1905 and ap-
proved by the then governor. allows
whipping as 3 final resort with linn
it on the number of lashes.
The prison commission argued to
the governor that the law did not
require or authorize each governor
to review the rules, but only to ap-
prove a new rule or a change in an
old rule. The commissioners pro-
posed to change Rule Il by adding
proviso that no convict should, be
whipped away from the camp or
without the presence of the county
physician. a.
Again the governor resorted to the
attorney generals advice. He held
that the law authorizes any COVER
nor at any time to disapprove any
rule of the prison commission relat-
ing to the operation Of convict
camps and prisons.
Governor Hardwick thereupon de-
cided to issue forthwith an order
disappearing Rule Il and the amend
ment theketo suggested by the pris-
on commission, and the same was
issued Saturday.
The Prison Argument d.
There have been many letters to
the governor from county commits
sioners, convict wardens, ETC., urging
him not to abolish the lash. They
contend that a certain type of fell
ony convicts, black and white, serv-
ing long terms for crimes of VIC
1ence, cannot be managed without
the lash, or at least the privilege
of applying the lash as a last re-
So
There has been a suggestion that
some county authorities might seek
to enjoin enforcement of the gov
ernor's order. In this connection
he told the newspapermen he did
not believe any court has authority
to enjoin enforcement of an execu-
tive order.