The Montgomery advertiser., 1909-11-07

least provide for . higher punishment
-. 'sub-divfsion s Of Section sss Of
/ the Code should be amended 20 ~ TO
require the Attorney General to make
his report to the Governor in the
month of December OF each even NUM-
bered year. thereby giving him the
opportunity to report ct the close OF
his term Of office.
"s Under the statutes the state Of
ficiais are protected when following
the opinion OF the Attorney General.
These opinions cover q period Of many
years. and embrace a great variety OF
questions. many of which are con-
stantiy recurring. Many points de-
| cided have never been presented to
the Supreme Court for adjudication.
At present these opinions are Of lit
tie practical value as precedents for
the guidance. Of heads Of State De-
partments. a. most of the reports OF
the Attorneys General In which they
are printed have not been preserved.
1t Is difficult at present to obtain .
complete set of these reports. ! re-
commend the publication Of all Off
cial opinions Of former Attorneys Gem
eral on questions OF general interest
and Importance. under the supervision
OF the Attorney General. In volume
Of the size and style Of the Alabama
heports and In such number as may
be deemed advisable.
Procedure win insane.
/ y. This IL the era In criminology
when Justice has come to be seasoned
by mercy and humanity" ana am in
accord with the nigh minded effort to
keep pace with an advanced civilixa-
ton, which has resulted In our pres
ont procedure for the trial of the al
legged criminal insane. Yet, I am one
OF those who hold the opinion that the
present practice Of submitting the spe-
cial plea Of not guilty by reason of
insanity, along with the general issue
OF not guilty. and trying both at the
same time, has been a failure oftener
than success In accomplishing the
humane purposes OF the trainers Of
this system. It IL now perverted fire.
auently from its true use into an in
strument Of defense In class of homi-
cides never contemplated. Technically,
evidence on the issue of insanity
should not be considered by the Jury
In passing on the issue Of guilt vel
non. AS rule, the special plea is
supported by great mass of evidence
which has no field of operation or
relevancy under the general issue and
only serves to confuse the minds of the
jury In reaching a verdict under this
latter plea. 1t Is absolutely impos-
sible to expect a jury. as a human
agency In the administration of the
criminal law, to separate the facts ad-
duced under each separate plea, yet the
law requires this impossibility at the
hands OF the Jury. Thus, the special
plea OF insanity often becomes o shield
tor the murderer and results in
shocking miscarriage of justice. The
present system, as provided by Sections
7176 and 7177 of the Code. should be
be tried separate. and II the jury
should find in favor of the defend
ants sanity. ne may be then tried for
the crime, and IN this manner elimin-
ate in the latter trial all evidence on
the question of sanity.
~. There Is no adequate antitrust
statute in this State. Sections 1879
to 1882. inclusive. of the Code contain
the only law on this subject. and so
far as I can learn has never been In
voked II. indeed they could be effec-
lively made to meet any practical case.
Almost every state has an adequate
statute to meet and cope with modern
conditions with respect to trusts and
unlawful combinations in restraint OF
trade. recommend the adoption of a
law on the general line of the Federal
Antitrust Statutes.
IS. The State Tax Commission. COM
posed of three members informed and
trained by experience in tax matters,
has been clothed with extensive powers
and jurisdiction in the assessment OF
the different subjects of State taxa
tion. I recommend that sections 213s
ct seq. relating to. the duties Of the
State Board OF Assessment. be either
amended or repealed and that the dur
ties imposed therein upon the State
Board OF Assessment, be placed upon
the State Tax Commission.
20. A study OF the legislative events
during my incumbency in ONCE has
/ convinced me that the public interest
will be conserved by q return to bien-
NAL sessions Of the Legislature"