The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-04-10
LONG APPEAL is
SENT TO PRESIDENT
Bar Association ProteStsAgainSt
Court Bill
IT Is ALL FOR BIRMIN GHAM
Full Text of Letter Addressed to Mr..
Roosevelt BY President Harrison
Of the Alabama Bar
Association.
IT is ALL FOR BIRMINGHAM

Montgomery, April 9.-tspecial.l-
full text of the protest filed by the State
Bar association with President Roosevelt
against his signing the bill giving six
months of federal court in every year
to Birmingham, is as follows:
Opelka, Ala. April Z. 1906
His Excellency Theodore Roosevelt,
President of the United States, Wash
ington, d. c.
Sir:-At the last meeting of the Ala
bama State Bar association. the follow
ing resolution was adopted:
Whereas the necessity for an addi-
tonal judge for the northern and mid
die districts of Alabama is imperative,
as is clearly demonstrated in the letter
Of Judge Thomas G. Jones the presi-
dent of this association of the 10Th ultimo:
Therefore. be it
Resolved by this association, That we
concur in and endorse the statements
contained in Judge Jones letter, and
earnestly request our senators and repre-
senators in Congress to use their best
efforts to procure the passage of an act
of Congress providing for an additional
judge of the district court of the United
States for the northern and middle dis
tricts of Alabama.
iNtNbANtu. lulluel IIldl the secretary
Of the association forward copy of this
resolution together with a. copy of the
said letter. to each of the senators and
representatives in Congress from Alabama
for their consideration"
The state of Alabama. as you know
is divided into three judicial districts
northern. middle and southern. Hon.
Harry T. Toulmin is judge of the south
ern district and Hon Thomas G. Jones
is judge of the middle and northern dis
tricts. Courts are held in the southern
district at Selma and Mobile, in the mid
die district at Montgomery, and in the
northern district at Birmingham. Annls-
ton, Huntsville and Tuscaloosa. Birming-
ham is in the southern division of the
northern district. The northern district
contains thirty-one counties. the middle
district twenty-three and the southern
district thirteen.
At the time of the hearing before the
judiciary committee of the House of Rep
resentatives last January on the bill
which Mr.. Clayton introduced, providing
for an additional judge for the middle
and northern districts of Alabama. it
was shown that the total number of
criminal cases in the southern division
of the northern district at Birmingham
was 1870, the law cases. 261 the equity
SetoNo oAt. NAMING a lOldl Ol go anu IndC
there were on an average at the same
place 943 bankruptcy cases per annum.
In the northern, eastern and western
divisions of the northern district. which.
include all the divisions of that district
except Birmingham, there We're 210 bank
ruptcy cases, 40 law cases, 20 equity
cases and SO criminal cases. In the middle
district. there We're 81 law cases. 80 equity
cases. 81 criminal cases, and an average
of 1873 bankruptcy petitions per annum
making the total number of cases in
the northern and middle districts com
bined, under Judge Jones, as follows:
Law cases. 35s; equity 81; criminal. $50:
bankruptcy 1918 making a grand total
of PISS cases of all kinds. to be dis
patched in courts held at five different
places twice year.
Profoundly Disappointed.
The people of Alabama and the MEM
bers of the bar. We're profoundly dis
appointed when the honorable judiciary
committee of the House reported adverse
ly on the bill for the additional judge
We believed. and still believe, that the
volume and nature of the business shown
on the hearing, demonstrate. the neces-
sity for the additional judge for the two
districts beyond a peradventure. Let me
invite your attention briefly to a consld-
Grafton of this statement
Experience shows that probably one
third of the law cases on the doekets
are finally settled without trial This
leaves 239 to be ltigated. The law suits
on the docllets are generally brought for
breaches of corporate contracts involving
large sums and for personal injuries
Some of these cases occupy as much as
a week III their trial and some much
more. 1t is safe to say the trial of these
cases averages at least two and a half
days each.f This would take for the trial
of these law cases alone 597 days of court.
Taking the same percentage of settle
ment without trial in the equity cases. it
would leave So equity cases to be litigated.
Their trial would consume a hundred or
more days | recall a noted case Kesler
VS.. Ensley, which, on its three hearings
and the labor devolving upon the Judge
in reading large mass of Testimony,
briefs and in the preparation of opinions
occupied more than month of the Judge
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 seriously litigated
such as counterfeiting cases, fraudulent
use of the mails. postal offenses etc Es-
timating that only 1870 of the criminal
cases are seriously contested at the low
est estimate their trial would require at
least l6D days. In the celebrated Huff
man case at Huntsville there were four
trials and nearly month was consumed
in disposng of it.
Many Bankruptcy Cases.
The number of bankruptcy cases seems
surprisingly large to persons unfamiliar
with our local laws and conditions A
debtor may waive his exemptions. When
judgment is rendered against him every
thing he possesses can be taken from
him, and his future earnings except s25
per month. be stopped by garnishment
Numbers of men who waive their ex-
emptions and have families and get in
debt. can't draw their wages. and in
many respects become worse than serfs
Their only remedy is to go into bankrupt
cy. get discharge, give up their exempt
property and start anew. There are
many contests of exemptions appealed
TO the judges If discharges are defeat
ed, creditors can still garnish their
wages, and money lenders frequently con-
test discharges even when the bankrupt
has no properly. Not infrequently jury
trials are demanded In bankruptcy. There
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