The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-04-10

| are constant applications for attachments.
appointment Of receivers, and appeals
! from orders OF referees for selling prop
erty and allowing claims, etc. The calls
/ upon tie judges attention IN bankrupt
| matters although the referees dispose oil
/ the greater portion of the business are
many ami insis1en.. The Hon. S "
| John Of birmingham. who appeared be
! fore the judiciary committee of the House
/ on the hearing above referred to. APPLY
described the bankruptcy situation in this
| language. Il know as ! haVe told YOU
| before that whenever | have been 10
! the Judge Judge jones' il would make
no difference what I was there for. there
was this swarm of lawyers around him
to get orders in bankruptcy cases.
! know they do not give him time enough
to cat and sleep. and they will follow him
10 Montgomery 100 miles away from
Birmingham. Just to get these orders.
| have been there arguing eases and would
sometimes see half dozen men from
Birmingham, who would come a hundred
miles ana wait for him 10 get off the
bench TO sign these orders.
Other Loss of Time.
Aside from these matters considera BILE
time Is lost in going to and returning
from places where courts are held. AMI
organizing ten grand iuries. and in tax
ing other preliminary steps incident to
opening court. The judge also needs time
10 answer Nolumlnous correspondence
do not hesitate therefore to affirm what
everX lawyer familiar with the courts
in the northern and middle districts viii
also az irm, that there is work enough
IN the tsso districts with the law equity
criminal and bankrupt business. to re-
qulre one thousand days of judicial Ia
Dor TO dispatch the business which year
ly finds its way to the dockets there. If
this work We're divided equally between
two judges each would have five hundred
days of judicial work to keep up with
the yearly business. Such continuous
labor would wear out an iron man. 1t
is more TO the interest of bar and people
than Of the individual who occupies the
bench that he should have reasonable
opportunity for rest.
Being assured by our representatives
before the Judiciary committee made its
report that it was impossible TO get the
additional judge, the var.ous bar com
mittees which We're organized to work
to that end ceased their efforts for the
present. The committee OF the Brming-
ham bar. naturally more impressed with
the needs of their immediate court
sought a remedy for themselves alone,
overlooking the needs of the other divis-
ions of the northern district and the
whole of the middle district and recently
procured the Introduction of bills in the
House and Senate. The House bill WAS
reported favorably almost Immediately
before lawyers ard others interested had
opportunity to be heard. Most of the
bars as soon as they knew what was
going on commenced to protest. They
had no hearing before the Senate COM
mittee and did not know that Senate
bill on the subject would be taken up
and passed The Senate bill came into
the House and was passed in spite of
the protests of both the judges of the
United States courts and of many MEM
bers of different bars. The only propo-
sition which seems to have been consid-
cred on the passage of that bill was
whether Birmingham needed court for
six months. This no one ever thought
of denying That division needs more
time. but certainly other localities have
rights to be considered. Is 1t right 10
require the judges of the two districts
to hold court six months in the year in
this one division without regard to the
needs of the middle district, and all
otker places in the northern district eX-
cept Birmingham? Taking in the COM
putation six months for open court at
Birmingham and excluding the bank
ruptcy cases there. this same judge is
required to hold court in three other
places in the northern. and also at Mont
gomery in the middle district in all of
which combined he has to deal with ~
law cases. so equity cases, 400 criminal
cases. 80 bankruptcy cases. and also or
ganize eight grand iuries. When absent
from Birmingham. he cannot shut Off
| business which pours in on him from
| that division to be attended to in CHAM
bers during the time which should just
| ly go to the other places. Considering
only the law. equity and criminal busi-
ness. and leaving out of the calculation
bankruptcy matters. and also the bust
ness of the southern division of the
| northern district which will come from
Birmingham although the judge be alb
sent from that place, it is very safe to
say that it would require over 400 days
of court at Montgomery, Tuscaloosa, An
nston and Huntsville to give them
service commensurate with their needs.
From whence may we expect TINS AID
Judges Shelby, Toulmin and Boardman
have each given of their spare time OF
late years to help in the northern dis
trict. After discharging their onerous
duties elsewhere, they have been able
to give but 247 days of judicial labor
during the past four years, or. little
over two months a year. As far as the
State Bar association can learn. there IS
no room to hope for greater aid in the
future from the designation of judges
from other states. Nearly all the judges
have all they can attend TO III lnef OWN
districts and some of them arc at times
disabled by sickness Judge Jones, after
holding court six months at Birming-
ham cannot be expected actually TO sit
on the bench over four months more in
each year in the four places outside OF
birmingham If he devoted four months
to Montgomery, Tuscaloosa, Admission
and Huntsville, to say nothing of the
time required for investigation, study
and decision of matters submitted while
actually on the bench at Birmingham
as well as i'm the other places, he Will
he almost increasingly at work during
the whole year, and with that amount OF
labor at these four places outside OF Biz
mingham he would still need eight
months of court to meet their wants. To
accomplish this, he must have three
times as much aid as in the past. Where
is It to come from? The bill does not
surmount this difficulty in the least. but
disregards it altogether II the Dill pc
comes law 1t is inevitable that the
bull of the business is the other four
places will be greatly neglected. The
hill makes it the business of the judge
to ask for help That is the law now
Io has repea tedly called for help Cans
cannot bring us enough help.
Has Four Spare Months.
The Judge has only four spare months
on the bench after giving six months to
birmingham to devote to the other four
nlaces in the two districts. If he de-
votes these four months to Huntsville
and Anniston it would leave Tuscaloosa