55 Ark. 275 | Ark. | 1892
The petitioner, A. V. Burrow, was convicted of a misdemeanor before a justice of the peace of Craighead county, and, having failed to pay the fine and costs adjudged against him, he was commited to the jail of that county, pursuant to a provision of the criminal code. Mansf. Dig., sec. 2318. Thereafter an order was made by the Craighead county court, under sections 1226 and 1227' of the Digest, directing that the county prisoners be hired out, and directing the publication of an advertisement for proposals to keep and work them. In the same court an order was subsequently entered, reciting that the advertisement had been duly published, and that no proposals had been received in response to it; that the court had been unable to make a contract with any person in the county for keeping the prisoners, and that it was “to the best interest of the county to make a contract for that purpose with a contractor of some other county.” The order then proceeds with an additional recital in the following language : “ And J. C. Cross, the county contractor of the county of St. Francis, comes here in open court and proposes to enter into such contract, which is in words and figures as follows.” Following this last recital the record sets out in full a contract purporting to be made “ between the county court of Craighead county * * * of the first part, and James C. Cross, a county contractor of St. Francis county, * * * of the second part,” and containing the stipulations required by the statute in contracts for the keeping and working of county prisoners. The contract is signed by the county judge and by Cross as contractor, and is followed by an order of the court approving it. Under this contract and by the court’s direction, the sheriff of Craighead county carried Burrow, as one of the county prisoners, to the city of Little Rock, and there delivered him into the custody of Cross, who it is admitted resides in Pulaski county. Burrow after-wards filed in the Pulaski chancery court his petition for habeas corpus, alleging that he was illegally restrained and confined by Cross under the contract referred to, and that Cross was not, at the time the contract was made, the county contractor or lessee of the county prisoners of St. Prancis county, or of any other county of this State. The writ was issued, and Cross filed a response thereto, stating that he held and detained Burrow by virtue of the commitment of thq justice before whom Burrow was tried and under his contract with the county. He also stated that, at the time that contract was executed, he was working the convicts of St. Francis county under a contract between him.self and the judge of the county which the county court had since approved and ratified. The contract with St. Francis county and th'e order ratifying it are made part of the response. The cause was heard on the petition, response and exhibits, and this appeal is prosecuted from a judgment remanding the petitioner to the custody of the respondent.
The appellant contends that the contract under which he is held is void, and that he is therefore entitled to be released from the custody of the respondent. The ground on which the invalidity of the contract is insisted upon is that the appellee Cross was not capable of becoming the lessee of the prisoners of Craighead county for the reason that he was neither a resident of that county nor the contractor for keeping the prisoners of any other county.
By the proceedings of the St. Francis county court, exhibited with the appellee’s response, he has now probably ‘become the lawful contractor of that county. And if the •appellant is aggrieved by being kept in Pulaski and not in St. Francis county, we suggest for the consideration of his •counsel whether redress as to such grievance may not be ■obtained on complaint made to the county court of Craig-head county.