THE INDEPENDENT
PERCY H. VAN DYKE
Publisher and Editor
Front SU NEWPORT, ARK.
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Ur.
ATTORNEY GENERAL
RENDERS OPINION
I
Upon Rights of Contractors To
Accept Fines Where Pris
oners Have Been Ac
cepted.
Newport, Ark., Juiy 2. 1913.
Editor Independent,
Newport, Arkansas,
Dear Sir: I
Extracts from an opinion of
the Attorney General of Arkan
sas appeared in your paper of j
issue July 1st, 1913, relating to j
the contract. between Jackson i
county’s judge and J. H. Keel,
for the keeping and working of,
the county prisoners. I am fre
quently asked by citizens who
have a right to know, some ques
tions with reference to the con
tract, and the contractor’s
rights and duties,
I have always given my opin
ion upon the various proposi
tions submitted to me, but oc
sionally some have taken issue
with me, and that prompted me,
after consultation with the
county judge and the sheriff, to
obtain the opinion of the Attor
ney General of Arkansas upon
these various questions which I
submitted to him, together with
a copy of the contract:
1st. A, convicted of misde
meanor, fined $10, costs $10,
pays the fine before the contrac
tor calls for him.
Would the county be entitled
to the fine?
2nd. The facts are the same,
except that the prisoner or
some one for him, pays the fine
in money to the contractor af
ter the contractor has custody
of the prisoner.
Would the county be entitled
to the fine?
3rd. Where C is convicted in
Circuit Court for running a
blind tiger, fines aggregate, say
$900, costs, say $200, and- an
additional punishment of 30
days in jail assessed by jury and
contractor pays his costs and
takes him under the contract.
Now if it can be shown that
C is working for wages, and
not working out his fine or
costs, or is not serving his
time in jail, and if any, only a
part of the time.
(a) Is the contractor liable
to county for fine?
(b) Can contract be an
nulled?
(c) Can prisoner be made to
serve his time in jail, and if so,
how and where?
4th. II, convicted same as in
third instance, fine, say $800,
costs, say $200. and an addition
Dr. Ray A. Whipple
OSTEOPATH
STAYTON BUILDING
210 HAZEL STREET
w_—_
Rooms 2 and 3
OFFICE HOURS:
8 to 12; 1 to 5.
'* Phone 365.
mammsBB=a!s--!=±-'-!- ' —
SOOOOOOOOOOOOOOOOOOOOOOOOf
I
al punishment of 45 days in
jail.
If it can be shown that B paid
his fine or a great part of it- and
his cods, and was permitted to
go without -erring his time in
jail;
(a) Is the county contractor
or prisoner entitled to that fine? ,
(b) Can the contract be an-'
nulled?
(c) Can the prisoner be made j
to serve his time in jail, and :
would the sheriff have authori-,,
ty to take him into his custody? j,
These questions have been
answered by the Attorney Gen- j
eral and for the benefit of the[^
general public I submit you',
herewith for publication, if you I
desire to give it publicity, the
opinion of the Attorney General
rf Arkansas in full upon these
various questions, to-wit:
[Ion. C. M. Erwin,
Prosecuting Attorney,
Newport, Arkansas.
Dear Sir:
I have received your letter of the ,
27th, with a copy of the contract
made by your county judge with J.
11. Keel for keeping and working the
county prisoners. The contract is |
not very clear and full, but the law j
on the subject of working prisoners
should be construed as part of the !
contract, because both parties must
have contracted with reference to the
law in force at the time.
Considering the law and the terms
of the contract, the contract, in brief,'
amounts to this, that the county
judge hired to Mr. Keel, the county
prisoners convicted of misdemeanors
• i.1_ _ A. r it. - . 1 A10. A-U..4
ill vnat cuun i/j wit j va» u>»v
the contractor was to pay at the
time, he received the prisoners, the
amount of all costs adjudged against
the prisoners and the contractor
agreed to keep, lodge, feed, clothe
and furnish medical attention to
the prisoners; and have the benefit
of the labor of the prisoners at 75
cents a day until they discharge the
full amount of the fine and costs.
Of course, under the contract, the
county receives nothing on account
of the fine, expects to receive noth
ing, but stipulates that the prisoners,
shall, instead of the fine, be compel
led to work until the fine and costs
are discharged by their labor.
In the first instance you mention,
where the prisoner at the time of his
conviction pays the fine of $10.00 but
does not pay the costs amounting to
the same sum, the $10.00 fine should
properly go to the county, because j
the prisoner has not yet been deliv- i
ered to the contractor; but in such
case, the contractor would not be ,
obliged to accept the prisoner under |
the contract, because the contract j
provides that he shall have labor, not
only for the costs, but also for the
j fine; and the prisoner could not be
compelled to work out the fine after
it has been paid.
In the Second instance you men
tion in which the prisoner is deliver
ed to the contractor and the fine is j
afterwards paid, the fine, in my opin
J ion, should go to the contractor, the
| prisoner then being in his custody
I under said contract. You could not
, compel the contractor to accept a
prisoner when the fine had been paid,
nor justly deprive him of the fine
itself, if it should be paid after the
prisoner is in his custody, because
the contractor is entitled to the pris
oner’s labor until the fine and the
costs are both paid. It is reasonable
to suppose that no contractor would
accept prisoners, pay the costs in
cash, lodge, feed, clothe and furnish
them medical attendance for 75 cents
a day. He could probably hire free
labor at that price or less. The pro
fit in this contract would probably be i
in the labor which the prisoner would
i • i • _»- _ .c ii. . n t
( Cliuri III ui^viuii ui int iiiiv. * inn
readily see how the contractor in
some cases, by collusion with the i
prisoner or his friends, might make
unreasonable profits, by arranging to |
have the fine paid after the prisoner j
is delivered to the contractor, but i
that possibility would not justify
violating the contract in advance;
besides the county should have pro-j
vided for such contingency in the con- ;
tract itself, if it seemed wise. Of I
course, when the fine is paid, and the
costs discharged by the prisoner’s la
bor, he is entitled to his discharge.
In the third case you mention, j
where the prisoner was convicted |
and fined in the aggregate, $000, and i
$200 costs and 45 days’ imprisonment \
in the county jail, if the costs should |
be paid by the contractor and the \
prisoner allowed to go at large or re
main with his family, it would
amount to a violation of the contract
on the part of the contractor, and
the county judge would be justified
in cancelling the contract and com
mitting the prisoner to jail.
What has been said above with re
gard to case number three would ap
ply to case number four also. The
part of the punishment of the prison
er in these cases is imprisonment,
which he has no right to discharge by
payment in money, and if the con
tractor does not keep him in custody. I
as a prisoner should be kept, it would j
be a violation of his contract, which l
would authorize its cancellation.
Very truly yours,
William L. Moose,
Attorney General.
The contract between J. H.
Keel and C. B. Coe as county
judge is on file in the county
fierk’s office and may be seen (
lpon application.
Very respectfully.
C. M. ERWIN. ,
Prosecuting Attorney. 1
Additional Local.
Bevens’ old reliable Heat Lo
:ion. 79dl4
Walter McDonald was here
oday fiom Bate ville.
Brick ice cream at Walker’s
Pharmacy, 50 cents a quart.
Let us send you one—Vanila,
strawberry and Chocolate. 80d2
Hickory wrood for sale—Call j
Handle Factory, Grant Mfg. Co
Phone No. 246 or see Wm. Ris
ler. Delivered pi omptly. 4dtf.
..Wanted to Rent—One large or
l small rooms on ground floor
with modern conveniences.
(Close in.) Address R. Box 395.
Lineoleum remnants at low
irices.— Johnson-Avera Hard
ware Co. 79d3t
Material reductions in price of
Lawn Mowers.— Johnson-Avera
Hardware Co. 79d3
Mrs. Ed Claxton left this
norning for Springfield, Mo. to
r'isit her parents.
“KEEP KOOL” kind of water
•oolers and Ice Cream Freezers
it Johnson-Avera Hdwe Co.79d3
Bevens* Heat Lotion will cure
leat at once. 79dl4t
Wallace’s Big closing out sale
starts Saturday, July 5. Come
?et yours before the stock is
oroken. 80d2t
Drayage of ail kinds handled
promptly. Phone No. 10.—
Chester Robinson. lSdtf.
CHARACTER SHOWS IN BACKS
Straight and Upright Carriage Manna
Yen Ara Determined, Snergette
and Reliable*
If year back la straight aad aprlght
yea are eorwepoadlagiy straight la
mar aaadaat Tea will bald yaw head
«Kfor yon ara aot afraid ta lank the
world ta the faoa.
Bm when you're elttlag you keep
year back straight. There la aa air ol
•sal atrangth about yea—both physics’
and mental. la short, you have plenty
ef backbone. Tou are determined, en
ergetic and to bo relied upon.
2f your back la stooping and round
g| yon ara a creature ae weak aa yen
took, you are prone to lolling about
aad too lazy or too feeble to take a
front rank In the battle of life. The
tramp la an excellent, example.
If you are a criminal, your hack la
itooped of round, but the scholarly
Voop of the bookworm must not bs
:oQfounded with the foregoing. There
la a difference which la difficult to de
ccrtbe, but It la readily recognized by
the elese observer.
If you are mean and oovetoue yeai?
lack Is narrow and rounded and your
ihooldera are high. Tou are tly—
rery sly. Tou generally have the a|r
pea ranee of drawing yourself up late
aa (mail a compass as possible. Ton
aro always yourself, so to apeak,
and people should give you the oeld
•hooldar.
Are yon too straight backed? That
la, do you hold your bead so Ugh that
there ta a preposterous fall In the
■mail of your back? Then you are ao
puffed up with self-esteem that you
tarry your chest out so far it’s ah
*c.-4
SEEMED TO NEED A DOCTOR
Varied Aliments of the Somewhat
Afflicted Family as Catalogued
by the Moth©*1.
"Yes.. Doc," said tne mother of •
■iuiily of nine to the young doctor
ho had ridden 16 miles into the
- kwoods in rhe dead of night, "we
>”■» a somewhat afflicted fam’ly, an*,
.a Lome doctorin’ don't seem to do
' v"'d, I thought I’d send for you
if you could straighten us out.
•aney here, shea got something
‘h her bronicai tubes so she
•re:, the like she should. I been
* u’ a rag spread with goose
.-■> au sprinkled with red pepper
.ard ou her front ehlst, but
■ -- ms .to add to her ag’ny. Jake
''••'- got a mis’ry all up an’ down hi*
•• 'Mi bone, an’ I been usin’ ker-seno
. -.i svrerual an’ interna:; but it ain’t
i >ne him no good. Lizzie SJelie. she’*
'■oil. ready to give up with plum
' in’ her sister Nancy has been
• mean for a week. I think that
’’* sciatic roomatlu that ails Nancy,
she’s afraid lt’a the new disease
■'ey calls appendeshetua The eld
:mu bas been turrlhfe sllmsy for iom«
•eye. an’ Rute, our oldest boy. Is aL
>ke out with a rash that shtws his
ood ain’t all right. He had .a tur
r.ble spell las’ night, an’ I thought
no was In for cfcolery Infantum. He’s
Lad it off an’ on ever since he was If
fears old. 1 reckoned he’d outgrown
It. but It grabs him as hard now that
bo’s 24 as it did when he was young
jr Wisht, Doc, that you’d just turn
.•ourself loose an’ see if you kin sort
> atva‘gnt«n u» on."—Judae.
— — ■
Lseal Pride.
"How did Crimson Gulch manage to
ret such a showing In the census T"
’Dtpknnacy,” replied Broncho Bob
"We got the census taker Into the |j
tosy Glow saloon and didn’t 1st Mm \
lo to work until he was seetof hn>
Is,” f
I
■ ALL WOMEN "%l
i t^'ho suffer with the ailments of their sex are in need of the gr;a
lly^ strengthening, cleansing and regulating properties of
M PRICKLY ASH BITTERS 1
VrJI It puts the liver, stomach and bowels in fine healthy condition, [■
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HBylj plexion and changes a poor, tired, discouraged woman into one of H
k sparkling good health and cheerfulness.
^ Hit the Genuine with the Figure “3” in Red oa Front Label. illK
y Soid by Druggists. Price $1-00 1*^ bottle.
For Sale By All Druggists. I
GET READY
FOR YOUR
Summer
VACATION
• i.
There are a great
■umber of resorts
in the North and
West along the
R>;< Island
Lines
Its not too early to prepare
Let us help you
Write to
CHAS.
SLOAT
Assistant General Passen?*1
Agent,
If fp
Every Minute
A Vacation
11 |i
I •, ; 'f
If Drop the worry about where f|
|f to go—Colorado is the place. ||
|f And the way to go is ||
Via the
! Missouri Pacific §
\ T ' Highway to the Heights if
if * f|
f; Resit j! travel—superb scenery ai! if
|f the way—comfort—courtesy—ser- f|
|| vice. “Our own” dining car service ff
—delicious meals a la carte. 0.2 ff
G. P. COFFIN, Agent.
_■ Newport, Ark.
W. A. MINK
CONTRACTOR
and BUILDER
Solicits an Opportunity to
Make You A
Bid
—
PHONE 208
r -
Residence 1511 Dewey Avenue \
NEWPORT, ARKANSAS 1
i
ARE YOU GETTING AHEAD!!
Is it one of your plans to lay by something for the fut*
or do you believe in letting tomorrow take care of it*
13 it not wiser to have something substantial to show*
your years of work. A bank account is the first*
The sooner you start, the greater will be your accumi*
tiens. Start this pay-day. (
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(0.1. Hubert!
NEW LUMBER YARD |
Lower End Front Street 8
SASH, LUMBER, 1
SHINGLES, |
doors, brick. ::
ESTIMATES FURNISHED j
Telephone 278. j j
i Dr. B. E. Dowell
8 DENTIST. I
8 ROOMS 21 AND 81
| WISHON BUILDING!
| NEWPORT, ARKANsl
No. 666 I
This is a prescription prepared q®
for MALARIA or CHILLS A ffl
Five or six doses will break anye®
if taken then as a tonic the Few®
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The dollar mark is the on ]y mark that is recognized to*®
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