The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-06-19
To SENTENCE BOYS
TO A REFORMATORY
Judge Feagin Renders an I'M
portant Decision
QUESTION OF JURISDICTION
Fudge Feagln Has Correspondence
With the President of the Convict
Board-Law cIted-Proposed
Reformatory at speIeners.

Judge Feagin yesterday received let
Ter from ]. NJ. Carmichael, president of
ktate convict board. asking II Il were In
The jurisdiction of the police court of
Birmingham to send boys to the proposed
keformatory at spelgners, There was some
question about the Judges of police courts
bending boys to the reformatory, and Mr..
carmichael cites sections 4474 and 1888 of
khe state code Judge Feagin investigated
these sections. and afterwards gave 1t
rs his opinion that the police court of
Birmingham, which has jurisdiction as an
inferior criminal court of all misdemean-
lers committed in the city, could sentence
boys to the reformatory. and also that
the other courts of the state With like
jurisdiction could do likewise.
+ This decision of Judge Feagin is quite
Important as there are many courts In
she state which may act according to his
6eclsion. and this will enable them to
Ieend boys to this reformatory, Tho letter
of Mr., Carmichael is as follows:
sHon. N. B. Feagin. Birmingham, Ala.
. Dear judge have your note in rela-
kion to our proposed reformatory. which
Nm due time we fully expect to set on foot,
npon lands belonging To the state as pro-
Nided by law, see section 4i74 of the code.
J am inclined TO the opinion that county
convicts under the age of sixteen may
be sentenced to the reformatory pro-
Nided for by section 4f74 See section 453,
hf the code. This however Is left at the
discretion of the presiding judge. A strick
Of ba n
ane would not permit the municipal au-
fhorities of the city to do this Any judge,
however, deciding a matter of this kind
eould do SO, 1t seems to me, under said
6ection. With best wishes. Yours truly,
y. NJ Carmichael"
Judge Feagin looked up these sections,
(which are as follows
Section 4474 Reformatory-All state
tconvicts under 16 years of age shall be
separated and worked apart as far as
practicEsle from all other convicts. at a
place to be designated by the board of in
spectors as refSrmatory, which shall be
managed under such rules as the board OF
inspectors may prescribe keeping In view
their moral and intellectual improve
ment. Such reformatory must be located
on property owned by the state When
any convict confined in the reformatory
shall arrive at the age of 16 years, or
shall show by his conduct that he is not
benefited by his confinement in the re-
formatory be may be transferred tc
other employment at another pace In the
discretten.. of the board OF Inspectors.
Section 1888. County Convicts Under II
MAY Be Sentenced to Reformatorv-
county convicts under 16 years of age may
be sentenced to a term In the reformators
provided for In this chapter, or to hare
labor for the county, in the discretion OF
the presiding judge; and in such event
the cost of conviction, not exceeding $50
shall be paid out of the convict fund.- as
provided in cases of sentence to the peni-
Tertiary.
In 1o7 Alabama the powers OF the police
court of Birmingham are defined In a
decision of the supreme court in which
II states that the judge of this court
hold a civil office under the state. and
has Jurisdiction in all misdemeanors
against the state laws In precincts 81 and
81 and also all violations of the city or
dinances within police jurisdiction of the
city