The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-01-22

Montgomery. January 2l.-(Special)-
Some remarkable questions and highly
important ones, find their way to the
supreme court of a state for settlement,
and that tribunal, after all, is the real
law making body of the commonwealth,
For some months the Alabama court has
been invalldating statutes because they
did not confirm to constitutional provis-
ions; now the probability is that it may
declare Illegal certain constitutional ordi-
nances for the reason that they were not
In conformity with legislative acts.
The questions are raised in the two
contentious concerning the court houses
authorized at Pell City in st. Clair county,
and Cales in Shelby county. In both
the authority of the constitutional con-
vention to adopt legislative ordinances Is
attacked on the ground first. that that
body had no right to legislate, and, sec
ond, that the ordinances in question were
not submitted to the PEG G for ratlfca-
ton, as was the constitution.
In other words it is argued that the
constitution makers had no permission to
do more than was set out to be done by
the people, expressing their will through
their representatives In the legislature.
The act passed stipulated that the dele
gates elected were to revise the organic
law Of the state and report the result of
their labors back to the people for APP
prevail No power to legslate was given,
as legislation is generally understood, and
when they undertook to establish court
houses and other buildings constructed
they We're getting out of the line of duty
assigned them, Especially is this said
to be so when such Objectionable acts
We're not submitted for ratification. There
Is good reason to believe that the SUI
preme court will hold that the establish
ment of the Pell City and Calcis court
houses was in excess of the business for
which the people of the -tate caused the
constitutional convention to be assem-
bed In approving some of the ordinances
attached to the 1875 constitution the then
chief Justice, Brckell, evidenced reluc-
lance, and while agreeing that because
of radical charges such were at times
unavoidable, as a general proposition they
were bad things TO indulge In.
The one man of all our history about
whom only good things may be said seems
to have been Robert Il Lee. Thus spoke
Dr. Thomas NJ. owen, director of the
State Department of Archives and His
s,nn,ruuunnn,,,.un
impartial and speedy enforcement of law
that not only guarantees private rights,
but secures them to the humblest citizen.
The Right Hon. James Bryce in his ad-
dress to the International Congress Of
Arts and Sciences asserts that the civil
service of England Is second only to
that of Germany. and that the spells sys-
TEN Is almost unknown. 1t is to be re-
GREETED that the lack of such conditions
in the United States has given the spoils
system a place in our administration. The
paying of political debt for party service
and with too little regard for true merit
or right is a curse to American poll
tics, that will do much to debase our
ideals, and to undermine the foundations
of common honesty and simple justice.
If any one thing imperlls ou- government.
more than another, 1t is this influence.
That which shakes general beliefs and be-
Titles ideals of Justice Is far-reaching,
affecting alike national life. community
life, and individual life.
No Fault of Jury System.
'rhe fault is not inherent in our COM
mon law and jury system. for under a
like system crime is suppressed In Europe
and Canada In a way we seem not to I'M
derstand. The highest European rate In
our table is in Belgium, where every
death penalty since 1863 has been COM
muted to life Imprisonment; and the low
est rate Is in Canada, where seven Fights
of those tried for murder were sentenced
to death.
at is automatic that the general be-
liefs of every people determine their trend
of ideas, create a sense of duty and Ds-
come the source of their inspiring faith.
1T will also be conceded that in New
England questions affecting human con-
duct in its varied relations are more ex-
actly determined and fixed In the minds
of the people than In the Pacific states
where there Is one homicide to 1900 while
In the former section tho rate Is one to
q 800. Surely no higher proof Of right
ideas and stability of human conduct
should be demanded. nor can be adduced
than that the supreme rights Of our fell
low man are held In due regard.
How much liberty then, Is found In
right administration?
Conclusions Reached.
From these data and my experience in
presiding over the administration of the
criminal law, | reach the following con-
illusions:
u. Variations in the enforcement OF
law are not so much due to climate, race.
density of population. illiteracy, form of
government length Of governmental ex-
perience, as to a varying lienc. in the
spirit of Its administration.
80 This varying liberation of crime is
largely the result of an impatient desire
for individual power born OF unlimited
opportunities, causing men to disregard
their duties to the social compact
''s. Beneath 1t all is a moral unrest.
process of adjustment in individual con-
ceptions OF. and cravings for, absolute
truth. not yet so crystalized in the ag-
gregate of Individual souls as to become
the fixed ideals Of the people"