The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-01-10

of which are in the hands of the secre-
tary Of the commission. The addition AMI
the interior Improvements on the old
| building have served to increase the
beauty and usefulness of the historic old
structure and when the entire scheme
or plan of the Improvements is carried
out it is believed that there will be no
more attractive capitol building In the
country. A journal of the proceedings
of the commission has been carefully
Fept. and all expenditures have been made
strictly in accordance with the law and
will be within the legislative approprta-
ton.
The Matter Of pardons.
! have issued in the past twelve months
III pardons, combinations. reprieyes and
remissons This is as small a number
as has been issued from the governors
office in this state in many years. Cases
at times come before the board of par
dons where a palpable error has been
committed in the sentence. It not infre-
quently happens that the trial Judge and
solicitor unite in agreeing that mis-
take has been made, and join In asking
for cemency Under such circumstances
1t is pleasure for the board Of pardons
to recommend clemency, which they
promptly do. During the holidays Just
passed I took occasion to issue paroles
and pardons to a goOdly number; among
them Il dozen or more poor uIIoTluldtes-
who after long service for the state with
good conduct always to their credit, were
paroled or pardoned. giving them some
Of the sunshine of freedom in their de
clinlng. and in some cases, last days.
Capital Punishment.
This brings me to discuss for a mo-
ment capital punishment in this state.
There is general indlsposition to hang
white men in Alabama. For my term. COW
ering six years, I think only two white
men have been hung in the state. They
were strangers. They met their proper
punishment in the imperial county Of
Jefferson. 1t was unfortunate for them
that they were not better or more favor
ably known In Alabama. Our jrries do
not seem to have the same objection 10
hanging the casual visitor as they\ do
the home raised criminal
In this connection there happened re-
I Gently an incident which has excited
very much comment in this and other
states. A convicted man appealed to the
supreme court; then to the board of par
dons, where the trial solicitor appeared
against clemency and the trial judge was
known to oppose clemency.' After a long
hearing the board of pardons refused 10
recommend clemencY, and | refused abso-
lutely to interfere with the sentence. talk
ing the position that there was nothing
in the papers or In the argument that
would lead me in any way o suppose
that the sentence was unjust In the
meantime the sheriff had taken the pris-
oner to an adjoining county for safe keep
ing. probably to save him from the in
dignation of his neighbors. A writ of ha-
beaS corpus was granted on the day be-
fore the time set for the execution. The
mans new found friends were sufficient
to provoke an excitement most unusual
and to- me inexplicable. Good citizens
Joined in the objection to mis- execution
and the judge, at the last moment. took
the case out of the hands of the ex-
ecutve authorities.
The indisposition of iuries to sentence
to hanging. as disclosed by the record.
and the excitement which the possible
| hanging of this man created among re-
sneetahle people. leads me to the conclu-
sion that the hanging of white men in
hleh1na Is almost an impossblity, and
eycltes me to suggest to you that prob
ably it would be as well to allow the
law to declare against capital punish
ment. except in case of an offense
against women. II Is monstrous to allow
law to stand which is operative only
against one class Of our citizens.
! call your attention to the report OF
the attorney general. which you will find
on your desks The figures for two years
In Alabama as given by him show that
$50 cases of homicide We're tried and Of
these 1S4 were convicted of murder in tho
first degree MANY of this last number
were hung. but think not single white
man. Public sentiment must be built up
to the law or the law must coE1e down
TO level with public sentiment. The two
are apart s--s
Fish and Game Law.
The passage of a comprehensive law
on this subject, is, to my mind quite
imperative. No real protection can be
secured short of pro vision which ar
| ranges for game wardens The bill ought
to be comprehensive enough to embrace
other birds than game birds 1t Is well
enough to begin ut once u work looking
to preventing the sotal extinction of our
game ana we'll our song birds. There
will be presented for your consideration
at least one measure on this line, which
will no doubt challenge your attention
and Interest.
The Matter of Salaries.
The Judges of the state and the chan
cellors 1t seems to me. ought to have
an increase of their salarie; Living Is
more than twice as high in Alabama as
| it was when some OF these salaries were
provided for. There is no judge now on
the bench in Alabama, measuring up to
his best place, who cannot earn In his
profession a larger income than he IS
receiving from the state.
In this connection too, | suggest You
appoint committee TO harmonize the
Many of them are high enough, perhaps,
hut the inequality in the salaries of off,
GERS and clerks in this building and in
some cases the insufficiency of such sal
aries, is most glazing.
The New Code.
Judge Mayfield filed with me on the
18th day of December the code which
Your body at a. previous session engaged
him to prepare. In addition to the code
he submitted a report which the law
provided That report l caused to be
printed and furnished to the postoffice
address of every member of your two
bodies as soon as possible 1t was sent
out December 16 This was done that
members might begin their legislative
work at home by scrutinizing such
changes from and additions to the old
code as has been provided. I am sure the
comparatively small expense from my
The constitutional limit Of your session
does not allow you more time than Is
needed and the Mayfield report beforehand
ought TO facilitate the business you will
have on hand. The report, together with
some suggested bills from the same hand
will be laid before you.
Convict Department
Four years ago the new system of work.
ing the convcts in the mines went into
effect. There were many doubters at the
time. There seems to be none now who
doubt the wisdom of the departure. About
GOO convicts about as many as are ply