The Montgomery advertiser., 1904-07-09


lcourt had seen At to give them. The
laws should be SO amended that in
criminal cases the Supreme Court
should not permit reversal for re-
fusai to give tine Affirmative charge
when the evidences justines.
OF MIR CALLAHAN.
w. w. Callahan of Decatur, had pos
cussion and he pressed them in his
usual frank and forcible manner.
ct is not the delay OF justice in the
ience," said Mr.. Callahan. TT is the
innate devilment in man. The man
who would become part OF mob and
lynch prisoner would not hesitate
excuse for his own acts.
Mr. Callahan did not favor the CALI
ing of an extra or special term OF court
crime that had stirred a community.
He contended that with the community
wrought up he could not get fair
trial.
out and hang him. said Mr.. Callahan.
"as to arraign him In a court which
may to all intents be a mob.
action either by y the people or f by
court in such case. 1t would be better
to proceed in the old way and 1t would
be safer in the long run to respect old
Hon. w. L. Martin. former Attorney
General of, Alabama. commended that
dissatisfaction with the law and mob
but the fault Of the administration Of
the law. The law itself contained the
remedy for all evil but its admins
tration in human hands was faulty.
The unfortunate result of the Gafford
case. he said. tended to sustain mob
law In Alabama.
Upton Mullins of Clanton deprecated
the efforts made to throw odium upon
contempt. He loved the law. he said.
better than any human institution. He
appreciated to the fullest its justice
and its beauty. He deplored that there
had grown up in Alabama sentiment
, that sought to bring the law into dis
J repute. A highsr respect for the law.
a respect of which 1t was entirely
|, worthy would obviate many of the
evils complained of.
The solution of the vexed question. in
the opinion of w W; Pearson S Of Mont
ment. II the public showed the prop
, er disposition to have the law enforced
the law would be enforced A healthy
!, public sentiment for the enforcement
! of the law would eradicate the evils
complained of.
PRESS IS At FAULT
SAYS MR.. HARMON.
| R. l.. Harmon OF Montgomery enter
tanned novel view of the causes of
mob violence, but he defended his view
fluently and at length.
In Mr.. Harmon's opinion the news
papers were largely responsible for the
, spread of mob violence. Newspaper
, notoriety in the publications OF de-
, tails. the bringing to the eyes of hun
dreds of readers crimes that produced
mob violence and the sickening details
of mob violence had an evil effect. One
Alabama ever did he said. was to en-
: act the law which made all hangings
in Alabama private. The motive which
prompted the State to have hangings in
private should induce newspapers to
suppress details of violence BY mob
The wisest and the most beneficent
course would be the suppression of
The paper of Mr.. Gipson was flied
and will be printed in the minutes of
the Association.
said that he understood that the Cen
trail Council under the bylaws of the
Association would not make n report
of what 1t had accomplished. He said
that In advance he was proud of the
work that the Central Council had ac-
complished in raising the standard of
membership in the Association. In APP
move that the Central Council should
be directed to make a report upon its
work at the last days meeting OF the
Association. The motion was adopted
The report of the Committee on Ju-
dicial Administration and Remedial
Procedure was sent into the Associa.
be present. The report was read to the
ASSOCIATION by Secretary Troy.
THE JUDICIARY.
The report showed the need of a
number OF reforms in the subject,
Judge Anderson by his long service up
on the bench. The report first recon-
mended that there should be no rever-
sails because Of excessive damages Civ
and the trial judge should be given
power TO reduce the damages without a
new trial.
1t was recommended. too, that wit
nesses before the grand jury should be
dispensed with in certain cases. The
suggestion was made that written evil
dence should be taken in all prelimi-
nary hearing and that this written evil
dence should be submitted to the grand
jury. There was nothing in the con-
stitution. it. was said, which forbade
that.
1t was recommended in the report
that courts should be clothed with
greater power for the punishment of
men guilty of homicide who now fire.
quently escape punishment. To attain
this end 1t was suggested that there
should be a change in the venire sys-
State at disadvantage.
The next recommendation of the re-
port was that the Lusk judiciary bill
should be amended from it's present
condition. AS 1T stands it requires the
trial Judge when special term of
court is called to make two visits to
the place in which the court is to be
held. one to draw the jury and one to
try the cause. The first cause could be
obviated by allowing the jury to be
drawn by the County officers without
the presence of the Judge.
The report closed by declaring that
there was absolute and pressing need
of a reformatory for criminals. The
| report cited several instances when
this need was manifested in the Judi
cial experience of Judge Anderson.
LEGAL EDUCATION
URGED BY A PAPER
A deep impression was made upon
/ the Association by the report on Legal
| Education and Admission to the Bar
written and submitted by A. S. VAN
degraff of Tuscaloosa. 1t was not SO
much Mr.. Vandegraafs recommenda-
| ton as to changes in the present sys-
| tenn of examination as II was his views
upon questions affecting the University
Law School, views which were endorsed
by the Association although they crIti-
cized the Board of Trustees of the Uni
versity.