The Birmingham age-herald., 1906-10-08
EXACT MEANING
 OF GREENE'S RULING Interesting Decisions Effect on
 City Government
CITY ATTORNEY MAY ACT
Applicants May Be Rearrested-What Mr. Smith Thnks-Judge Greene's Terse Statement-supreme
 Court Will Decide.

In discussing the decision rendered by Judge Dan A. Greene in the case of the city of Birmingham against certain de- fendant which case was appealed from the police court, City Attorney Smith declared yesterday afternoon that an ap peal to the supreme court would be taken, and that this case would be considered in the fall term of that tribunals session.
 According to City Attorney Smith, Judge Greene has agreed to order a postpone ment in all the cases affected by his de- cision remaining to be tried In his court on appeal from the police court. The city attorney believes that the decision of Judge Greene will not hold in the higher court. In the event of the decision being upheld. It will result in the throwing out of a considerable number of similar cases appealed from the police court, and the financial loss to the city of several hundred dollars. The city. however, will not be taxed with the cost, IS a munich pallty is not held liable for such.
 May Arrest Appellants.
 The city attorney will investigate the matter today, and find out If the appel lants from the decision of the police court will be entitled to a plea of jeopardy, having undergone previous conviction or acQuittal In case the Investigation brings to light the fact that the apepllants are not entitled to this plea, MT. Smith states that he will have warrants sworn out for these men and have them arrested and tried for the original offenses, as if they had never before undergone such.
 In reference to this matter a reporter of The Age-Herald interviewed Mayor Ward, City Attorney Smith and Chief Wier yesterday afternono. Each of the city officials gave it as his opinion that the decision of Judge Greene would not be sustained by the supreme court Said the city attorney In reference to the con- troversy: "The decision of Judge Greene, as I understand 1t. Is that defendant on demand, when he is arraigned for trial, must be furnished with a warrant or with an affidavit setting forth the charge against him, and by whom preferred Ap- plicable to the matter of arrest Judge Senn and Judge Wilkerson. before his death. and others, have decided that no warrants are required in the making of arrests for misdemeanors
 Technicaitles Involved.
 "It is matter in which technicalities are Involved. As matter of fact the de- fendants when brought to trial are aware of the offenses with which they are charged. Again, the charge appearing on the police court docket is read to them d nd faf ia, haf to the section or sctions of the code which 1t is charged that they violated. It would be- therefore, simply a formal matter to serve the defendants with war rants or affidavits, which set forth iden- tically the same allegations as are set forth by the docket charge, and the oral statements of the trial judge and the prosecuting police officers"
 The city attorney does not believe that the decision will be sustained by the su- preme court, when it is considered by that tribunal in the last week of Novem- Der In case it does hold good, it will re- suit in the swearing out of warrants or the making of affidavits and serving the defendants with same when they are ar raigned for trial The decision Is there- for effective in those cases which are ap- pealed at present, and is effective only after the supreme court has declared it constitutional.
 Judge Greene Talks.
 When asked for a brief statement as to the exact meaning of his decision, Judge Greene declared:
 "The decision in no wise affects the 1nt f,,t l.Ii. the manner of making arrests. It merely goes to the procedure in the police court.