The Birmingham age-herald., 1908-08-09
JUDGE JONES ON
 WORK OF JUDGES No Recent Records Set In DiS-
 posing of Cases REPORT FROM HUNTSVILLE Judge Jones Maintains That Mere "Dlspostion' of Large Number
 of Cases Is No Test of
 Judges Work.
REPORT FROM HUNTSVILLE
To the Editor of The Age-Herald.

On August l, immediately after the departure from Huntsville of the hon. orable district judge for the Northern district, on his summer vacation, spe- eials were sent out from that city to some of the chief daily newspapers in the state The Age-H Herald among them, chronicling his itinerary during his ab- sence, and concluding with the state ment that since his appointment to the bench Is months ago, he has in this state and in Florida disposed of TAT cases, this being record surpassing that of any other federal judge in the state for the same length of time"l
 If any one but judge were con cerned, one would naturally conclude the statistics and comparisons ema- mated from the person whose work was thus advertised to the detriment of others Ordinarily one would ask how did it happen that newspaper represen- tatives in the same city were simu- taneously seized with curiosity as to these statistics and impressed with the idea that it was their duty to make and publish comparisons thereon, at that particular time? At Huntsville no records were accessible, from which the reporters could figure out the exact number of cases disposed of" not only there, but at three other places in the district, and also down in Florida; nor could they glean any statistics there as to the work of any other federal judge" for the same length of time not only in the Northern district but Tn the Middle district, upon which to base the comparative Judgment as to the work of the different judges 'in this state" Whatever differences might or dinarily be drawn from these circum- stances are repelled in this particular case by the strong presumption that a judge would not launch such boasts in the newspapers about his "record surpassing" that of "other judges The giving out of the statistics and com parisons must, therefore, be viewed solely as the thoughtless work of some overzealous friend, who, if he ever acquainted the judge with the results of his researches and comparisons gave the matter out for publication to tho " without his knowledge or consent. The writer, however, is one of the "other federal judges" and since the matter has become a theme of newspaper dis cussion, may withou impropriety now give the facts to the public.
 The judge of the Northern and Mid dle districts in the first 16 months of his service in the Northern district from March l. 1902, to July 1, 1903, ac- cording to statistics obtained by check ing up the dockets in the clerks office, disposed of" 751 cases, or four mora than the exact number which is held up as breaking all judicial records in Ala bama This was accomplished in the Northern district, although nearly one half of that judges time, during that same period of 16 months, was employed in the Middle district. During that same period, as appears from like sta tistics, the judge of the Northe ern and Middle districts disposed of" 397 cases more in the Middle district exclusive or bankruptcy cases, making a total of HAS cases disposed of" by that judge in 16 months work in both districts.
 Of course, the number of cases dis posed of means only the number of cases, whatever their nature, gotten off the docket, however that result was brought about. The number of cases disposed of is no test whatever of a judges efficiency labor in handling the docket. No nisi prius judge state or federal, presiding over high court gov erned by formal procedure and practice, and dealing with the important matters which come before our courts. ever actu- ally decided TAT litigated cases in sixteen months If judge takes up the misde- meanor docket probably two-thirds of the defendants plead guilty, and in such cases, as well as where mol pross is en- tered, the cases are disposed of;" so. when cases on the civil docket are dis missed or Judgment taken by agreement, those cases are disposed of" A months time on the criminal docket will show five or six times as many cases "dsposed of" as the same time devoted to the trial of civil cases in which there is much litigation A judge frequently works many days on a case and does not dis pose of it at all. In the Huffman case at Huntsville, in which there were two mistrials owing to the insanity of juror and a third mistrial afterwards the court was at work nearly three weeks, during which time it disposed of noth- ing, as the case still remained on the docket Sometimes a heavy chancery case may require a months work in di- gesting voluminous evidence and writing an opinion to dispose of that one case, as in Kessler vs. Ensley Land company. which involved the title to the land on which a large part of the town of Ensley is built For these reasons the number of cases disposed of" is a wholly illu- sory scale for comparing the work of judges and Is absolutely worthless as a standard of excellence.
 The writer is satisfied that the judge of the Northern district. like other judges who have worked there, has been earnest and hard working in disposng of the docket and takes pleasure in so declar- ing His overzealous friend, however, does him injustice by getting specials sent out advertising a claim for "a rec ord surpassing' all other judges who have worked in the district for the same length of time. Judge Toulmin in past years has worked in the Northern dis trict for sixteen months. as well as the writer, and he has not the least doubt if the statistics of cases disposed of" were Ice that it would show his record for cases disposed of" has not been sur passed Judge Meek, Judge Boarman and Judge Shelby have each held terms In the district and their record for the time engaged will certainly show as many cases "disposed of as the work of either af the regular judges of the district for the same time and upon the same class of business.
 Confessedly. it is embarrassing to a