Birmingham age-herald., 1895-02-05
4 SPECIAL SESSION J 2
 sy Of the Mayor and Board of Alders
 fu men. IL
 ai w THE INFERIOR COURT BILL Discussed and After Being Read Resolution to De- feat 1t Prevailed.
THE INFERIOR COURT BILL


 Van Hoose, Aldermen Ward, Enslen, Jackson, West, Kettig, McCartin, Gillespie and Mcknight. as
 Mayor VanHoose said his object in call ing the board together was at the request of Senator Milner, who wished to ascertain the sense of the board with regard to a bill now before the legislature to establish an inferior criminal court for Birmingham. He said he saw the bill while in Montgom- cry, but didn't have time to thoroughly investigate it. He then thought 1t might be good bill and be the means of bringing some additional revenue into the city treasury, but on further investigation he didn't think it would be a good thing just now, but to the con trery, might prove a costly experiment. The city, he said, didn't have police enough to protect beats q and 37, not enough even to protect the city. He said to properly police the city it would require thirty men. He said we didn't have a Jail large enough to hold all tho criminals, and no court h which to try them. The bill, he said, didn't provide for working the criminals after convictiug them. It costs double the amount you get out of 1t to work the con- victs on the streets.
 "The bill provides for the judge to be elected by the general assembly. l think, for the present, politics ought to be kept out of the city affairs. man shouldn't be anked how he voted in the last election. Right in tie face of this, here is a bill making this an elective office and the off, cial to be elected by political body. With all respect to those men who are pushing vides for paying salary of Sl50O to tue judge, $500 for a clerk, and with no appropriation for a solicitor, no jail and no court room, If, as they claim, 1t will be money for Bif! mingham, why not give this to Jefferson county. Theylhave d criminal judge, and in addition circuit judge with criminal jurisdiction, jail, solicitors, etc. A prominent lawyer told me the charter gives the city the right to name its officials and fix their salaries. This bill does not seek to amend the charter, but tries to take away from the city charter right. q,
 ''l ask that MT. McCartin and myself be authorized to go to Montgomery and urge in all honorable ways the defeat of this bill. l.e
 "The police department has been taken away from the city, the schools have been taken from the administration, and now comes a bill seeking to take another de- partment away from us. If this bill be- comes law we can make laws, but will have no power to enforce them. There Is no provision for any one to preside in the absence of the judge of the proposed court.o
 The clerk read the bill, which is an act entitled an act to esta blish an inferior court of criminal jurisdiction in the city of Birmingham, dehne its powers, and pro- vide for the election ofa judge and appoint ment of a clerk. 1t provides:
 1. For the establishment of an inferior court of criminal jurisdiction, to be kno" ] as the police court of Birmingham, WI L-ch shall have jurisdiction of all offens es against the bylaws and ordinances of the pt " of n ph a niSdamaanOra committed in precincts 2l and 37, except violations of revenue laws, carrying con- cealed weapons and gaming, and to have jurisdiction to examine feionies and com init or discharge sams.
 2. For the election of the judge of said court by the general assembly for term of four years, who shall be 8 lawyer. It is provided also that he may be impeached or removed for the same causes and in the same manner as circuit judges, and fixes his salary at S15C0 per year, to be paid out of the city treasury.
 8. For the appointment of a clerk by the judge, whose salary shall be S900 year.
 4. For the trial of violators of city laws and for trial by jury for violation of state laws when the prisoner demands it,
 5. That no person shall be again tried for the same offense when once tried in this court.
 6. For appeals from police court to crim inal court of Birmingham.
 2. For confessing judgment with two sureties.
 s. For taxing against defendants con- victed fees tine same as are taxed in the criminal court of Jefferson county.
 9. For compelling attendance of wit nesses and to punish for contempt.
 10. That police officers shall execute all processes of the police court, but with out fees therefor.
 Mir. McCartin saw three or four ojections in the bill that were very serious.
 'If the bill passes, said he, 'Birming- ham will not get as much revenue out ofit as it does out of the recorder's court.
 "rhis bill does not provide for convict ing gamblers. They might. be bound over to the criminal court of Jefferson county. What does that mean to them2 The major ity of gamblers caught are commercial travellers, and if this bill passes Birming- ica. The bill might be amended so that it would increase the city's revenues.
 MT. Ketlig said the recorder's court had jurisdiction over cases of gambling and carrying concealed weapons, and from them the city derives considerable reve- nuo.
 The following resolution was introduced by Mir. Kettig:
 Whereas, There is now pending in the legislature of this state a bill to create an in ferior criminal court for this city, and to ! require the payment by this board of S2400
 
 provided for therein to run the recorder 8 court of this city; and
 Whereas, This board is now having thei business cf the recorder's court run at the1 nominal salary of $1 per month: and
 Whereas, It is the opinion of this board that the revenues of this city will not be increased any by the establishment of said court, and the effect of said bill becoming a law will only entail upon this city an ad- ditional expense Of S240U per annum; there- fore be 1t
 Resolved, That it is the sense of this board that said bill ought not to become lay. and this board earnestly requests the senators and representatives from this county to cppnse said bill and prevent it's passage through the senate.
 Resolved further, That the mayor and chairman of the police comm1t,-s be in- structed to go 10 Montgomery at ono, and present these resolutions to our senator an,l represen tatives there.
 The resolution was adopted without op- position.
 Mir. Giles pie said the bill he first urged at Montgomery was to allow the mayor 10 act as recorder if elected thereto by the> board of aldermen. xHe a;aa~ pasaiim other bills he had adv0edt5u b5fofe1 One<1Sas with regard to O. taxes in cases where the state bought in>r
 IA