The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-13
NEW ORDINANCE
Is BEING FRAMED
Clty'S Laws Do Not, Conform
to the Charter
BAIL BONDS WORTHLESS
City Judicial Department Gives Out
Statement Showing the Deflcien-
cles In Existing Laws and
Court Regulations.
BAIL BONDS WORTHLESS

A new city ordinance regulating the
matter of taking bonds in city cases before
the police court, is being framed and will
be introduced at the next meeting of
the city council The new ordinance is
being prepared by the city attorney in
conjunction with the judicial department
of the city government.
This move is the outcome of a letter
directed to the Judge of the police court
calling his attention to a list of bonds
| that had never been collected amounting
| to about $780, The Mayor insists that
these ball bonds be collected as far as pos
sible and points out the fact that some
appearing upon the list as defaulting are
| colectable.
The judicial department. claims that the
condition referred to is the result of de-
fective laws and contends that the city
ordinances and code will have to be al
tered before the evil can be remedied.
Without Direct Laws.
1t seems that the police court is act
| ing without direct laws governing that
court, or in other words. is acting under
the same laws that were enacted to gov
ern the recorders court. in existence be-
fore the establishment of the police court,
which has increased jurisdiction.
The following statement from the city
attorney and the city judicial department
explains the position taken by Judge Fea-
| gin in the matter:
THE city code which Is the code in
use at the present time, was issued in
1890 There has been no new codification
| of city laws since that time. Since then
two new charters have been granted. one
/ In 1891 and the other in 1901.
1.-THE charter providing for the appoint
ment of a city recorder with limited ju-
risdiction, was made in February. 1889
In 1895 the inferior criminal court of Bir-
mlngham, known as the police court, was
established covering two precincts, Nos.
81 and 81, giving the judge jurisdiction
over all cases of misdemeanor against the
state of Alabama, except revenue laws.
| Neither at this time nor since have the
laws or ordinances in regard to taking
bonds from defendants arrested and for
judgments nisi or final ever been changed
or altered by the proper authorities so
as to meet the requirements under the
various charters or the act creating the
police court.
I'm short, the city has failed to codify
its laws to meet the demands under the
new acts and charters of the legisla-
ture
'"These defects are to be remedled. The
|
dinances will be framed and introduced
which will obyiate the difficulties under
which this department has been operat-
ing.
"A statement published that forfeited
| bail bonds were turned over to one OF
the court officials with instructions to
collect about as much as the fines in
the cases would amount to before judg-
ment was taken against the sureties is
incorrect. All moneys that have. been
collected on surety bonds have been col
lected in open court and after sureties
have confessed Judgment in open court.
The full amount of bonds are not collected
but the amount Of fines in the cases In
volved. The city attorney was msinformed
when he made the statement published.
Can Then Be Collected.
Under existing ordinances the bonds
in question cannot be collected by law
but when the laws are amended so as
to conform to the existing charters and
laws governing the police court they
can be collected.
1.-The state of Alabama codihes its laws
every ten years and its lawmakers only
meet once in two or four years for the
purpose of changing or making laws
The lawmaking body of Birmingham
meets every month and is liable to make
new laws or change the old ones al
every meeting and yet the laws of Bir-
mingham have not been codified in fifteer
| wears"