The Birmingham age-herald., 1904-06-30
DISCUSSES JUDGE
 SPEER'S OPINION Judge Feagin Explains Meaning
 of the Decision
QUESTION OF SENTENCES
Jurisdiction of Police Magistrates Very Clear, According to Judge Feagln. Right to Impose Sentences
 to Hard Labor.

Judge Feagin was asked yesterday what influence the opinion of United States Judge Emory Speer of the western divis- ion district of Georgia, printed in the Age Herald, would have on police courts Judge Feagin gave out a full state ment, in which he sets forth that the decision of Judge Speer was not that a police judge had not the power to try and sentence defendant, but that the judge in the case cited had not given a judgment in a legal manner, and had de- prived the defendant of all of the priv ileges given him under the bill of rights. Judge Feagin said:
 "The opinion as gathered from the newspaper account of Judge speer's decis- ion announces no new principle of law. What he says has been the law of Ala bama and so decided by the supreme court ever since this has been state.
 Judgment Entries.
 "If any of the judges or mayors sitting as police magistrates fail to write up proper judgment entry as to the convic- ton of defendants brought before them, and to specify the number of days they are sentenced to hard labor, the defendant can be released on writ of habeas corpus before any judge in the state of Alabama and such defendant would be promptly re- leased by any judge on such a showing Sentences and judgment entries failing to specify the time of imprisonment are ab- solute utilities, and void.
 "A sentence and nothing more as stated in this decision entered by any mayor or | 1tHo fning defendant in jail Much less for placing shacks upon his limbs and putting l him to work at hard labor on the streets or otherwise. Judge Speer no doubt felt that great wrong had been done the weak and the helpless, although they may have been violators of the law, when they had been confined and forced to work with stripes on their backs and shacks on their limLs, by such an illegal. unlawful and pernicious method as he found existing in 1 the city of Macon.
 Birmingham Police Court.
 Tn the sentence and judgment of con- viction in the police court of Birmingham there $ no doubt left as to the findings ] of the court The form used is as fol- lows:
 Defendant pleads guilty. On hearing the evidence, the court is of the opinion that the defendant is guilty. It is or dered and adjudged by the court that the defendant is guilty. and is fined s- and $- costs, and is sentenced to - days extra at hard labor for the mayor and aldermen of Birmingham. The fine and costs not being presently paid or judg- ment confessed therefor as provided by law, defendant is sentenced to hard labor for the mayor and aldermen of Brming- ham days to pay fine and days to pay costs
 Tt will be seen from this form that there Is no uncertainty as to the number of days the defendant has to serve even for the fine and the cost imposed, much less for the nun Der of extra days at hard labor that may be imposed in addition to the fine and costs. when such additional days are added.
 Speer's Catch Word.
 ''The catch word of Judge Speers decis- ion is sentence and nothing more,' not showing even that the defendant was nrraigred in court, that he pleaded guilty or not guilty, that any evidence was inl troduced against him. or proof offered tending to show a trial had been in open court or that the defendant was ad- judged guilty by court of a crime al- legged of which the court had Jurisdiction even, and that after the hearing of all of the evidence in the case the judge acting as a court adjudged the defenda mt | o him, imposing fine or even extra days at hard labor, specifying the amount of the fine or the number of days to be served at hard labor; or that even a judgment entry was signed by a proper municipal officer.
 Tn short, every right guaranteed by 1 the bill of rights in every state consti- tuition in this republic. and even by the constitution of the United States. to every 1 citizen of this republic, was totally ig- nored, set aside and overridden, as stated by the newspaper account of the pro- ceeding in the case. under consideration.
 "The jist of Judge Speer's opinion as quoted in the papers is that the munich pal official did not try the defendant, merely entered upon his docket a sentence and nothing more. His Judgment entry failed to show any authority to sentence the defendant. and for what he was sem tenced.
 Trial By Jury.
 "A trial by jury, it has been held by the supreme court of Alabama. is the bulwark of American, as it has long been of English freedom. But iD misde- meanors 1t is provided by law in many of the acts creating criminal courts that the defendant valves his right to trial by jury unless he demands it when ar. rested or prior to making bond. This ancient writ of habeas corpus wrested from King John by the English people at Runnymede, has ever been held as