The Montgomery advertiser., 1907-11-16
HOUSE DEFEATS BILL f, 1.
 TO DIMINISH APPEALS

l. ....s..1-s..z- z x r. cities and towns of more than 900 in-
 habitants in the State and nxing the penalties for violations thereof This measure { is, substantially the same as that adopted at the regular session. but which was found. faulty on account of technicality. pr. Love- lady explained that 1t had the unani- nous endorsement of the Alabama Pharmaceutical Association and he
 thought would remedy great and growing evil. N with the measure Jas Dr. Loyelady h Id
 included in the list of poisons names that were never heard of outside a
 medical taxt book and which forctpiy reminded one of the conversation of
 the Game and Fish Commissioner of the
 State of Alabama.
 The bill was not opposed. Technicality Measure. MT. Eushton then called up the meas
 ure which sought to have 1t so that
 the Supreme Court should not reverse
 a criminal case on technicality if inc ends of justice were served. Mir. Tunstall opened the argument against the measure and his side was ably presented by himself. Mir. Guntev Speaker Carmichael. Representative Rice Representative Arnold, Represent dLlNG CSdaG anu AeCPtSSShe1dNS @@SSt OA Houston.
 The bill was favored in speeches by Representative Pitts. of Dallas. Repre- sentative Long. of Butler. Representa- tive John. and Representative Rush ton.
 Those who favored the bfli argued 1 that reversals on technicaltttes fre- l qeuntly caused a miscarriage of justice | and cost the State thousands or dol | Ia nnna1lv in new trials -s7 The opponents to the measure. how everN argued that too much latitude is | given the Supreme Court. They con- | tended that 1t Is practical ampossi- bility to dgure how the admission of | illegal testimony, or the failure to ad- mt legal testimony. affects the mind | Of juror.
 It was further brought out that if | frequently aided Justice in that 1t al- lowed public prejudices in certain | weighty criminal cases to cool or l Speaker Carmichael used the Williams | case of .Cullman County. as strikips | example.
 | To Protect Forests. The next bill called up was the Lindsey bill, whose title is "to provide | for the protection of the forests or 1 Alabama, to establish and create a State Commission of Forestry to con- Eist of the Governor, a member of the State Tax Commission. the State Game
 and Fish Commissioner, the Commits ,sioper of Agriculture and Industries, I q member of the United States Forest Service, the Professor of Forestry in ! the Alabama Polytechnic Institute and one pYactical lumberman; to declare | the County Game and Fish Mardens. Forest Wardens: to declare constables,
 justice of the peace. a1eriffs and depu- | ty sheriffs, ex-officio deputy Forest | Wardens by the Governor; to exempt
 from taxation for a period of ten years land which shall be planted in trees; ! to appropriate the sum Of five hum dred dollars annually for the purpose | of carrying out the provisions of tnis
 act; to create Forest Reserves Fund. | and to provide for the payment of all fines. forf@tures and penalties arls-
 ing under the provisions of this act | into said fund.
 The bill calls for an appropriation | of 5000 a year.
 | MT Goodwin took the floor in its
 behalf. He said the bill could hurt no one and would help all. He told of the l same work which is being done by the United States. He thought 1t was time
 for Alabama to act and he urged the passage of the bill.
 The bill was passed A to s. The dis
 senting votes were Messrs. Cannon. I huleus 11alOucs EShluCIg AAltSACAAs GtbSoa
 of Dallas. Sherrod and Turner. Delinquent ChlIdFeh.
 When the Tunstall bill to repeal the bill defining delinquent children was | called. two amendments were read. | One amendment provides that no child | under fourteen years of age, shall be 1 incarcerated. save for petit larceny. l felonies, and later on motion of sMr.
 Henley, violation of the prohibition
 laws, and disturbing public worship | were included.
 MT. John fought the bill bitterly. | He said that under this act, the young | children of Alabama, could be put in | jail for certain offenses and you ali l know that the jail is the worst school | for crime in the world. am plead 1 ing for your children and for" your
 neighbor's children. A boy. white or
 black, cannot be put in jail and come
 out without better knowledge Or crime.
 Under the amendments. if a boy
 stole a banana from a Dago fruit stand.
 he could be incarcerated for petit lar- | ceny and if while shooting across . | public road. he happened to Kill . man, entirely through accfdent, ne could be incarcerated for man-slaugh-
 ter in the second degree" Mir. John told of the virtues of his l 1 bation officers and was calculated to
 improve rather than deprave the youth l ful criminal.
 He said if it were not for the big
 turnkey fees, there would not be such
 big howlf or the passage of the re- l pealing bill. He was interrupted by Mir. Rice. who
 wanted to know, if 1t had not been for
 the possibilities of probation officers, | would there have been such a big de-
 mand for the passage of the original l bill.
 | Colonel John, when he resumed, said | that he did not fear harsh criticism, when he urged on the floor of the | House that the repeal of the bill would work a hardship on the negro children | of Alabama and that the State owed 1t
 to the white people to have a bill that
 better provided for delinquent negro | children.
 He spoke of the fine work that has
 been done with the criminal young at
 the Boys Industrial School. He re-
 ferred to the effect the band of the
 tion election.
 Did Not Work Out We'll. MT. Tunstall in discussing the meas
 ure. said that the btI1 of Colonel John
 was a fine one in theory but 1t did not
 work out in practice. He told of the
 ravages of negro boy sneak thieves in | the Black Belt, and he declared that
 these ravages had been greatly in. | creased since the John law went into
 effect.
 He said that in many instances ir
 the cities, since the law was passed | negro boy and white boy thieves