Flogging Convicts.—According to the Chronicle of Charlotte, N. C.:
“The North Carolina supreme court has handed down a decision written by Chief Justice Walter Clark saying that corporal punishment by flogging is not reasonable and cannot be sustained. It is true that this decision refers to whipping convicts by guards, but it is only a little stretch to make the application cover all cases except where used by parents as a corrective method for children, and it is not too big an undertaking to even reach that form. The court now takes judicial notice when the parent becomes too severe with the child.
“Some months ago a Wake county convict was whipped by a guard, and the matter was carried into the courts. The defendant was adjudged guilty in superior court and a fine of $10 was imposed. In this case the defendant raised the point that flogging was necessary for the maintenance of discipline among the convicts. It was shown further that it has been the custom in all camps to use whipping to subdue the unruly. The case was carried to the supreme court by the defendant, but that body affirmed the decision of the lower court.
“Continuing, Judge Clark gives it as the opinion of the court that while the constitution of the State does not directly prohibit corporal punishment in prison discipline, its spirit is against the longer use of floggings for that purpose. The opinion cites the powers of the world which have abolished prison whipping, and says even Mexico by legislative enactment more than a decade ago did away with such punishment for prisoners. In conclusion, Judge Clark says, ‘we have, however, been discussing the legal rights of the prisoners and we find no authority for its longer continuance.’
“It is true that there is a general opinion among many, especially those who have to deal with convicts, that flogging is the only effective way to secure and maintain discipline, and they contend that unless proper methods are used with a certain class of prisoners a condition will soon arise in the camps which will cause a great deal of trouble. With a squad of vicious and unruly prisoners who have a resourceful leader knowing that the courts will protect them from that only dread of convict-flogging—the ingenuity of the officers will be taxed to secure proper results.
“On the other hand the decision will prevent the undue use of the whip by guards, a few of whom are only too anxious for an opportunity to administer corporal punishment to those who are helpless. While cases of the abuse of this power by the guards are very rare, heretofore the opportunity has always been present for the man who was vicious enough to use it.
“What will be the result of the decision upon the convict discipline of the future, time alone can tell.”