The Montgomery advertiser., 1906-12-08
SIDEWALK PENClLINGS
The Incrense of Crime.

excellent report of the Attorney-Gen- eral for the last four years, which was increase in crime in the State oA Ala bama is something which should make every good citizen take lively inter est m the pursuit and conyietion oi tns criminal One portion of 1t appealed to me with special emphasis It said:
 An examination of the criminal cases decided by the Supreme Court during the last four years shows that of 197 reversais, 30 per cent were on account of erroneous rulings of the lower court on the evidencei ID per cent on account of the refusal of spe- ant, and about 20 per cent more on account of rulings on pleadings and practice. The last clause of section 4S3S of the Code, But the judgment of conviction must not be reversed be- cause of error in the record, when the court is satisfied that no injury re- suited therefrom to the defendant, IS such strictness that 1t is of small value. The admission of a -scintilla of irrelevant evidence or tne refusal S5 as s91rt to give eysry sIes,a although covered by the general charge, or the failure of the. prosecu- tion to stipulate in special charge the degree of proof required in criminal cases, although the court has already charged the doctrine of reasonable doubt in all its phases, is upon appeal to the Supreme Court, fatal to the con- viction and sentence Nnder the rule which now letters that tribunal the case must be reversed and remanded for an- other trial. Such a rule ought, in my Judgment, to be abolished; 1t has no rightful place in a system of Jurispru- dence designed for the punishment and suppression of crime
 Now, the question involved, from the legal standpoint, Is not within my province, as a 1ayman, to permit or criticism or of discussion. But the statement and figures of the Attorney. tion which I cannot. view without alarm. But if, through the present reading of the law, any judicial body is so sound that 1t must perforce leave crawl through, then, in my opinion, the law should be modified. law which places a premium on the ability and shrewdness of criminal lawyers to detect or develop technicalities which may delay the punishment Of criminals Is an aid and incentive rather than preventive for Srims" 4
 Pensacola Emerges from Disaster.
 A Montgomery man, who returned yesterday from several days spent in Pensacola, was deeply impressed by the evident prosperity and hustle Of the Deep Water City.
 q believe" he said, notwithstanding the storm of a little over two months ago, Pensacola Is right now enjoying it's greatest period of prosperity. While Pensacola handles a great deal of cot ton it's distinctive exports are turpen- tine and lumber. These articles Of commerce are and have been for sew eral months at almost record-breaking figures. The market has never been better than it is now. This, of course, has greatly en1ivened trade in the Gulf port. Moreover, the storm itseh nad an indirect benefit to the city's com merce, for it destroyed in numberleSs coast towns and settlements household goods and family supplies. These had to be replaced, and Pensacola mas greatly benefited from this unusual
 "The most casual visitor notes the improvement of the city shown by such buildings as the big Blount office build ing and the new city hall, which are now in course of construction, together with many others.
 "The streets of PensacoIa are now cleaner and heater than l ever saw them. Nowhere in the city, except on the water front, can one see any evl. dence of the big storm: On the water front all the wreckaBe has not been re" moved but 1t has practically all been piled in neat piles. Most or the Wrecks ed vessels have been recovered and again are afloat the city that 1t recently underwent one of the most furious hurricanes that ever visited the Gulf coast" -.
 r. u- T ment of Commerce and Labor at Wash ington, D. C., came to Montgomery yesterday on a trip for the purpose or Investigating the educatlon,aI coh1i- S1aai- belt counties of Alabama. During the day he paid visit to the State Depart ment of Education at the Capitol MT. Foster will leave this morning Tor tigations in that section of the State.
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 MT. s. J. Darby was in Montgomery yesterday for the first time in twelve ,V e years Many years ago MT. Darby was Solicitor for the Fifth Alabama Judi ciaI Circuit. He was sfterWards member of a Birmingham Ia Wnrm :. In 1894 he removed to the west ana it San Francisco, in both of which cities he was interested in newspaper work. He was in San Francisco during the terrible earthquake. lie mas c9tae n z located in Birmingham' where ne Is associated with The Birmingham Ledger . .,
 MT Charles Ham of Boston, the weli-known shoe merchant, who con ducts stores In Birmingham ana MoHi lI- = aomery, is in the city looking atter ms e0nn time MT. Ham formerly resided in Montgomery and has many warm | friends here. n
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 The condition of Mir. Warren D. Brown. who Is very i'll at his home on | Adams Street. was reported last nlSht | to be unchanged. ., !.
 MT. J. S. Williams of Clayton, mem ber-elect to the House from Barbour l County, is in the city,.
 $ Ss Ss ..-...- MT. J. M. Riley of Birmingham was | staying at the Glenmore Hotel yester- | day. :, :,
 staying at the Exchange Hotel. | E $ Ss
 MT. E. W. Rhodes of Mckenzie is 1 registered at the Windsor. l 3s $ S
 Dr. David Kohn of Tallassee is in | Montgomery
 MT. M M. Rosenburg of Selma is in the city.
 MT. W. D. Mcleod of Ozark Is at the Exchange.
 Mir. o. B. Fruit of Clayton is at the l Imperial.
 MT. E. M Lovelace of Brewton Is ir the city.
 THE JAPANEsE ISSUE.