Birmingham state herald., 1897-04-28
T S UNCONSTITUTIONAL Says Judge Banks In Rendering
 His Decision AS TO THE CONVICT LEASE ]. H. Powell Wins His Case Against the City In Habaas Corpus Proceedings
 Other Court Notes.

iThe finale of the habeas corpus pro- ceedings in .Lhe case of J. H. Powell vs. the inf rior criminal court of Birming ham, before Judge Banks of the circuit court was reac ched yesterday afternoon, when his honor ordered the prisoner dis cha rged. The case has attract d much attention inasmuch as 1t involved the legally of the recent lease of city con- vic;s to the Slcss Iron and Steel company.
 So far as the circuit court is concerned the legality of the lease is denied and as the city, through its ausccney, Hon. R. J. Love- has signified intention of ap- pealing to the supreme court of the state as to rhe correctness of the decision, in- terest in the matter will remain unabated until that high tribunal has passed upon it.
 Judge Banks, after hearing argument in Lhe habeas corpus proceedings last week reserved his deeisions and today harded 1t down The text of same IS as follows:
 The questions presented in this case arise in the nearing upon the petition Of J. H. Powell for his discharge on writ of habeaS corpus.
 The facts are undisputed, and are as follows, to-wi::
 On the 14th day of April the petitioner pleaded guilty before the inferior criminal court of Birmingham m cn the charge of dlsorderfy conduct and was fined $l5, in default of paymen of which he was sen tenced by the court 70 - days hard labor for the mayor and aldermen of Bir- mirgham. The mayor and aldermen of Birmingham, acting in conformity With section Il of an act to establish an i'm ferior count of criminal jurisdiction in the city of Birmingham, 70 define it's pow CTS and provide for the election of a ltdo op r1 a DflOi of a rlf1,lS tharcOf approved February II, 1895, entered into a contract with the Sloss Iron and Steel company, a corporation doing business in Jefferson cour1y, by which said com- pany leased all persons who were sem fenced to penal servibude by said inferior court. In pursuance eff this, contract the petitioner aftsr his conviction and sen- tsnce was handed over to said company and is by i: now detained
 Counsel for petitioner contends that this detention is without warrant of law, on the ground thet Ehe provision of the act empowering the mayor and beard of aldermen to hire out persons sent tsnced to do hard labor for the city is unconstitu- the constitution alleged to hava been vio- lated in the passage of the act In ques- ton reads as follows:
 Each law shall contain but one sub ject. which shall be clearly expressed in the title."-Constitution state of Ala bama, article f. section 2.
 he subject legislated upon was the establishment of criminal court of in- ferior Jurisdiction for the city of Bir- mingham There can be no doubt that the title of the act expresses this The body of the law establishes the court de- fines it's powers, limits it's Jurisdiction provides for the election and salary of its judge and the appointment and com penS2tion of the clerk. These various provisions are all germane to the object of the act as expressed in it's caption and compose in themselves a complete scheme of legislation. Section II, how- ever, injects new subject to-wt the disposition to be made of those who shall be convicted by this court It provides that the mayor and aldermen of Bir- mingham shall establish a. system Of hard labor fer said city worked or con- fined anywhere in Jefferson county under the same rules, regulations and condi-