The Montgomery advertiser., 1903-03-08
How to Make Human Life Safer


 
 How to Make Human Life Safer.
 Editor The Advertiser:
 Your efforts to bring to the attention of the Legislature the impereections of our present laws regulating judicial proce- dure, with the view of securing more efficient system, are highly commendable.
 No subject is worthy more thoughtful
 consideration, for a proper administration of law Is the great safeguard of the peo- pie in their rights of person and prop erty.
 have noticed several valuable sugges-
 tions in your columns bearing on this
 question, which if needed will result in
 good. These suggestions, as far as
 have observed, look to such amendments
 of our criminal statutes as will avoid many of the technical objections which may at present be raised in the prepara- ton of cases for trial. It has been well argued that in these matters the presiding judge should be allowed to act upon his discretion and that his rulings in respect thereof should not be revisable.
 All concede that a speedy administra-
 tion of law affords stability to govern
 ment and repost to the, people in their domestic and civil affairs. That the rem
 edies the law establishes for wrongs com
 mitted against its peace and for the pro-
 lection of private rights, will be promptly enforced, is an assurance highly conducive
 to good citizenship. And further, I would add that the certainty of prompt pun ishment is powerful deterrant of crime. Applying these principles to existing conditions and the conclusion is reason able that our courts are not held as often as they should be. Many of the circuits are too large. All of our circuits should be small enough to admit of at least four terms a year for each county. This will enable our judges to keep well up with
 their work, and thus avoid the injustice that frequently comes from delay We
 need to inject into judicial procedure bus mess methods. Ordinary business enter prtses do not prosper if looked after but twice a year, and then only for a few weeks at at time. Yet that is the pres ent way of attending to the interests of the people have In our courts. In nearly | nine-tenths of the counties only two terms | a year are held, lasting from two to four l weeks, each term, and between these | terms there Is generally period of six
 months during which the business undis- | posed of Is left to rot on the dockets. | Prisoners charged with crime, whose l cases nave not been tried, frequently re-
 main in jail for this long period at the expense of the State. It is often the case that persons committed to jail during va
 cation for alleged violations of law, are in custody for months awaiting action
 by the grand jury at the next term. The law should be that the courts are open all the time for the transaction of
 business. At present special term of the Circuit Court can not be held except upon thirty days notice by advertisement. This provision was perhaps wise at a time
 when the State was sparsely settled and means of communication limited. But such law Is useless now Under gen
 eral law requiring the courts to remain open all the time. a judge. in an emer- gency or as business required, could at once convene the court and do what was necessary then and there to be done. Such a provision would go far towards
 allaying public excitement when there are
 grave violations of the law, and perhaps iVt fnct The laws delay has been one of the | causes of many murders.
 The statute inhibiting the opening of court before 12 o'clock on the first day of l the session should be repealed. Its en- actment was procured by one of the best citizens the State ever had, for the pur- pose of avoiding travel on the Sabbath. A law to the effect that no judge, nor ju- TOT should be required to travel on Sun ! day to reach court by noon of the first day, would be better. The present law 1 detains the court until F o'clock the first l day, when in every case, long before that | hour, there are enough grand and petit | jurors present to organize the court and | get ready for work
 I said we needed smaller circuits The
 State can have at least five more new l circuits and pay all of the circuit judges
 a salary of 5000 year without an in-
 crease of a dollar of its indebtedness. These five new circuits, and the State properly redistricted, will enable the | JuuStS tO give eacn county Tn ms circuit | from three to four terms of the court a year. This will reduce the expenses of | the State in feeding prisoners at least | $4O,OO0. It cost the State last year to feed
 it's prisoners S97, 564. This was more than
 the combined salaries of our Supreme Court Judges, Circuit Judges, Chancellors
 and Solicitors. The estimate of the Au- ditor of this expense for the fiscal year l ending September 30. 1903, is S1000 000
 As already estimated this expense is due | principally to keeping prisoners so long in
 jail without a trial. And if the courts
 were always open. prompt action by them would often dispense with the necessity of | the use of State tro DDS to preserve the | peace. The State paid last year for this about $2,000.50 It is a dangerous menace
 to our republican form of government to | have to use the military to guard our courts in the administration of law. The civil arm of the government for the pres ervation of its subjects should be stronger | than guns and cartridges-otherwise the blue cloth with gold trimmings and brass buttons may sooner or later become the insignia of sovereignty.
 As l have intimated, what is needed more at present is such reform in our ju- dietary system as will ensure speedy and prompt dispatch of business in our courts. Given better opportunities for such work and with reasonable energetic, prudent | judges 1t will be done. Lex.