The Montgomery advertiser., 1906-04-10
BAR OF MANY CITIES FIGHT
 UNJUST UNDERWOOD BILL

Northern and Middle Districts to say that he has labored unceasingly and unselfshly with the burdens that have fallen to him. The bar of Alabama feel they owe something to their judges"
 He points out that although the Fed eral Court is required to sit in Birm- ingham in September. owing to the cli- mate at that place during that month the State Court will not sit there at that time of the year. He adds that the people of other parts of the State do not desire any advantages over the peo- pie of Birmingham. but feel that no one place should be given advantage over all the other places.
 The letter of protest of President Harrison in full follows:
 Opelika, Ala, April '. 1906. His excelfency, Theodore Roosevelt.
 President of the United States. Sir: At the last meeting of the Ala bama State Bar Association, the fol- lowing resolution was adopted: Where as the necessity for an additional judge of Alabama is imperative.> as Is clear ly demonstrated in the letter of Judge this association of the 2sth ultim2;
 Resolved by this association. That we concur in and endorse the state- ments contained in Judge Jones' let ter. and earnestly request our sena- to use their best efforts to procure the passage of an act in Congress pro viding for an additional judge Of the district court of the United States for Alabama.
 Resolved, further, That the secretary of the association forward copy of this resolution, together with a copy n eaid letter fn each Of the Sena- tors and Representatives in Congress from. Alabama for their considera-
 The State of Alabama, as you know, is divided into three judicial districts northern, middle and southern. Hon. erable Harry T: Toulmin Is judge of the southern district, and Honorable and northern districts. Courts are held in the southern district at Selma and Mobile. in the middle district, at Mont-omery and in the en,s,On northern urnts dts- vile and Tuscaloosa. Birmingham IS Tn the southern division of the northern district. The northern district con tains thirty-one counties. the middle district twenty-three and the southern
 At the time of the hearing before the Judiciary Committee of the House of bili which MT. Clayton introduced. pro viding for an additional judge for the middle and northern districts of Ala bama, 1t was shown that the total num- division of the northern district at was 130 the law cases 261, the equity cases 37, making total 42S, and that there were on an average at the same place s4s bankruptcy cases per annum.
 Tn the northern, eastern and western divisions of the northern district, which includes all the divisions of that dis poha 210 bankruptcy cases, forty law cases. twenty equity cases, and eight nine cases In the middle district there were fiftysseven law eases, thir hnd an average of 1s3 bankruptcy petitions per annum, making the total number of cases in the northern and middle dis follows: Law cases 86s, equity eighty seven, criminal 530, bankruptcy l.21S, making a grand total of 21S8 cases of all kinds, to be dispatched in courts held at five different places. twice a
 The people of Alabama. and the mem bers of the bar were profoundly disap- pointed when the Honorable Judiciary on the bill TOT the additional judge. We believed, and still believe that the volume and nature of the bus shGwn tSs neeesss as or he a peradventure. Let me invite your attention briefly to a consideration of
 Experience shows that probably one- third of the law cases on the dockets leaves 2s9 to be. litigated. The law brought for breaches of corporate con tracts, involving large sums, and for injuries. Some of these cases occupy as much as a week in their to say the trial of these cases averages at least two and half days each. This would take for the trial of these law sams s sss ssHase s Tnn trial in the equity cases, 1t would leave fifty eight equity cases to be litigated. Their trial would con- cali a noted % case ca " Kessier V. Ensiey, which. on its three hearings, and the reading a large mass Of testimony, Ions. occupied more than month of the judges time. The majority of the criminal cases are of small importance. Many of the defendants plead guilty. Still, at least one-fourth of these are feiting cases. fraudulent use of the mails, postal offenses, etc. Estimating that only 130 of the criminal cases are seriously contested. at the lowest es- timate. their trial would require at least 160 days. In the celebrated Hoff- man case at Huntsville, there were four trials, and nearly a month was con sumed in disposing or 1t.
 The number of bankruptcy cases seems surprisingly large to persons un- with our local laws and con- ditions. A debtor may waive his ex emptions. When judgment Is rendered against him everything ne possesses can be taken from him, and his future earnings, except $25.00 per month. be stopped by garnishment. Numbers of men waive their exemptions and have families and get in debt. can't draw their wages, and in many respects be- COG worse than serrs Their only remedy is to go into bankruptcy, get a discharge, give up their exempt prop erty. and start life anew. There are many contests of exemptions appealed to the judges If discharges are de- Feated, creditors can still garnish their wages and money lenders frequently contest discharges even when the bank rupt has no property. Not in jury trials are demanded in plications for attachments, appoint inent of receivers, and appeals from orders and referees, for selling prop erty and allowing claims. etc. The cali upon the judges attention in bankrupt matters although the refe- rees dispose of the greater portion of the business, are many and insistent. Tbe Hon. $. W. John, of Birmingham, who appeared before the Judiciary Committee of the House, on the hearing above referred to, aptly describd tho situation In this language: "I know as have told you before, that whenever I have been to the judge | |Tmdge Jones) 1t would make no dif- ference what was there for, there was this swarm or laWyers around him to