The Camilla enterprise. (Camilla, Ga.) 1902-current, July 08, 1904, Image 8

Below is the OCR text representation for this newspapers page.

Of up-to-date merchandise; we call your special attention to our ==§=e large stock of General Merchandise. Our line comprises every department Dry Goods. Clothing. Embroidery and Lace Hardware. All the New Goods for Sum Already a large number of All new and attractive pat¬ wer at reduced prices. Suits and extra pants for terns- The leading Hardware House men on in Georgia. hand. Supply still coming. Millinery. Muslin Underwear, Groceries. A full stock of New Millinery We guarantee satisfied custo¬ to select from. Mo way to keep ns from selling mers. All underwear well made. Banner Flour, the best the hats. We have them. on Furniture the market. Shoes. Umbrellas. and wear. Always headquarters for Foot Too many kinds to mention; Mattings. will sell at reduced prices. Several cars to select from. DEPARTMENT STORE KNOCKS OUT CITY CHA1NGANG. AN IMPORTANT DECISION IS RENDERED BY JUDGE SPEER A Writ of Habeas Corpus Grant¬ ed in the Jamison Case at Macon, and a Decision That Sentences Without Jury Trials Are Unconstitutional. United States District Judge Emory Speer of the Western di¬ vision of the Southern district of Georgia, has rendered an opin¬ ion of far-reaching importance, involving tne authority of Muni¬ cipal Courts all over the country to sentence violators of municipal ordinances to local chaingangs. The case came beforo Judge Speer on a writ„of habeas corpus applied for by Henry Jamison, a negro, for release from the cus¬ tody of E. A. Wimbish, superin¬ tendent of Bibb county, Georgia chaingang. Judge Speer in a lengthy opinion decided that the superintendent was without au¬ thority to hold the prisoner, and directed his immediate release. In passing on the case Judge Speer called attention to the fact that the commitment from the Recorder’s court was a sentence and nothing more, and that there was no finding of guilt or in* nocence by the Recorder. The question involved, said Speer, “is whether the Recorder of Macon can, without any sort of criminal pleading, and without the intervention of a jury, viot a citizen for violation of a municipal ordinance and sentence him to seven months hardlabor or. the public chaingang, the pun¬ ishment to be suffered in a branch of the penitentiary.” Continuing he said: No Authority in Law ‘‘Can it be maintained in the light of the Constitution that one man, under any form of proce¬ dure devised, or to be devised, by local legislation, can consign men, women and children to a chaingang for such trivial offences as are within the jurisdiction of a police magistrate, Judge Speer severely scored the chaingang methods, and said: “Indeed, it may be with entire accuracy declared that the vol¬ uminous and exhaustive prepara¬ tion of the City Attorney and the subsequent examination by the court has evoked so shred of au¬ thority, either American or Eng¬ lish, where a sentence by a police magistrate to a publicjchaingang, with the ignominious accessories of fetters, the stripes, lash and of the degradation of convict life has been sustained or even palli¬ ated. Under the American sys¬ tem the chaingang has no place in the jurisdiction and procedure of Police Courts where trial by jury is not a right of the ac¬ cused,” Recorder's Sentence Void He. then declared that the sen¬ tenced! the Recorder was void, for want of due process of law and because one man cannot judge infamy. ‘‘Like thousands of the oppressed and down trodden,” he said, “through all the centu¬ ries since that glorious day in when 1 ‘ the s i tor v, Great 01 ^ Charter aman l [ ' made )er L v forever imperishable the princi¬ ple that ‘no freeman may be ta¬ ken or iuiprisbned, ;“T‘—- but by the ' aw ^ Judgment of his peers by th3 law of the land,’ he ap l ,lies for ** S^at writ of right thb writ of habeas corpus, and he humbly seeks the portals of the court whose Judges are sworn to know no difference be¬ tween the rich and the poor, where justice ever bends the lis¬ tening ear to catch the plaint of the humble and the lowly.” “If, he said further, “the prayer of the petitioner must be denied, then the statute authorizing the United States Courts and the Judges thereof to issue the writ of habeas corpus to protect the rights of t le citizens guaranteed by the national Constitution have at last been successfully nullified. Law to be Equally Enforced Judge Speer declared that the argument had been advanced by a road commissioner that while a sentence to the chaingang would forever ruin a white man pre¬ viously respectable, it bad no such effect on a respectable negro. He held that such considerations do not appeal to a court charged with the equal enforcement of the law, and he did not believe they met the approbation of the best people of the Southern States, nor were they to the welfaie of the South or hopeful for its future. Judge Speer concludes with an argument made by him twen¬ ty years ago, and which he reaf¬ firms, In this he said that “though the color line expert may so declare, this is no col¬ or line case. It is a negro to¬ day. It will be a white man, aye a white child and a white woman tomorrow. In this court the law is equal and for all.” Application for New District. GEORGIA—Mitchell County. The petition of a number of citizens of the 625 malitia district have ‘asked that a new militia district be laid out of said district commencing at the Colquitt county line between lots of laud Nos. 250 and 251 in the 9th district and run¬ ning North to the Dougherty county liue (the same being bounded on the east by the lines of Colquitt and Worth counties) then west along the Dougher¬ ty county line to lpt No. 8 in said dis¬ trict, thence south to No. 258 and thence east to commencing joint between lots of land Nos. 250 and 251, embracing and including in the new militia district 84 lots of land. The commissioners haring been duly appointed as required by law who liave submitted a report recoiu mtndinj the establishment of the same sw a now militia district. Said petition having boon approved by me, and pro¬ ceedings entered on the minutes of the Ordinary's court and the; game having been transmitted to die Governor of the State as the law directs and having been acted upon bv the governor awBsaid dis¬ trict having been numbered 1611 G. M. It is ordered that this notice of said new district be published in the Camilla En¬ terprise for 30’days as required by law. This July 1st, 1904 J. G. WOOD, Ordinary. Application for Dismission. GEORGIA—Mitchell County. W. N. Segler, Guardian of Daniel O. Bustle, Ida Beasley formerly Ida Bustle and Allie Minton, formerly Allie Bustle, has applied to me for discharge from his guardianship of said wards. This is therefore'to'notify all persons concerned to file their objections if any they have j on or before the first discharged Monday in August next, else he will be from his 1 guardianship as applied for. J. G. WOOD, Ord. M. C. | Application for Dismission. GEORGIA—Mitchell County. W. B. Lewis, guardian of E. D. Lew¬ is, has applied to me for a discharge from his guardianship of E. D. Lewis. This is therefore to notify all persons concerned to file their objections if any they have on or before the first Monday in August next, else said W. B. Lewis will be discharged from liis guardianship as applied for. Witness my hand and official signature, this the 1st day of Ju¬ ly, 1904. J. G. WOOD, Ordinary. *a©£K i Hanging in Camilla. I am still hanging around the door selling groceries and will appre¬ ciate a share of your patronage. Carry a complete line of Sour and Sweet Pickles, also a nice line of Olives. Bring your laundry to me and I will have it fixed up in first-class style. Crawford C. Baggs, SlSlUT CITATION* GEORGIA—Mitchell County. Maria Jones having made application for twelve month’s support out of the estate of Jacob Jones, and appraisers duly appointed to set apart the same,. having filed their return. All persons concerned are hereby required to show cause before the court of Ordinary of said county on the first Monday in Au¬ gust 1904, why said application should, not be granted. This 1st day of July 1904. J. G. WOOD, Ordinary. Notice of Local Legislation. GEORGIA—Mitchell County. Notice is hereby given of an intention to apply at the present session of the General Assembly of the State of Geor¬ gia (now in session) for the passage of a local or special bill, the title of which is as follows: “An Act to incorporate the town of Mapleton, in the county of Mitch¬ ell, State of Georgia, to define the cor¬ porate limits thereof; to provide a mu¬ nicipal government for said town, to confer certain powers and privileges on the same and for other purposes. This 21st day of June, 1904. Notice. Tins is to notify all persons concerned that there will be let to the lowest bid¬ der on the second Tuesday in July next, the contract for building a Court House in 1003 District G. M. Said Chan House to be built as per specification now on file in my office. Sealed bids axe required for the same, the Commis¬ sioners reserving the right to reject any and all bids so desired. J. G. Wood, Ord., andC. B. C. R. R.