The Birmingham age-herald., 1909-07-12

suspension. and the interested parties pre- fer to await the outcome of his case. which Is pending before the legislature. In the event the chairman is not removed by the legislature, the hearing can go right ahead where It was left off Should he be removed and a new commission ap- pointed. it may be necessary to rehearse the evidence already submitted, in part at least, unless It should be decided to leave the conclusion of the case to four instead of five members
 In any event, 1t seems to have been thought best to defer the hearing until Chairman McLendons case is disposed of and it is believed the legislature will have finished with 1t by July 27 if not earlier
 Criminal Decision.
 A decision just rendered by the state court of appeals presents e point of de- cided interest to all courts of criminal Jurisdiction. The facts in the case are that a white man named Hopkins was indicted and tried in Milton superior court for assault and battery. When court adjourned for dinner. upon suggestion Of attorney for the defense the court spe- officially instructed the sheriff not to let the jury dlsperse in case 1t reached verdict before court reconYened. Despite the courts instructions. the sheriff let the jury return a sealed verdict and dis DefSG, TOT Wllcn me court uHSu liiiii lOt contempt.
 The attorney for the defendant then made motion to discharge the prisoner from custody. Judge N A. Norris over ruled this motion for two reasons-he thought the matter should be passed on by the appellate court and he knew the state could not appeal in a criminal case, so he decided against the defendant whom the Jury had convicted.
 In It's decision the court of appeals reverses Judge Morris, and holds that the defendant should have been discharged from custody forthwith. The court holds that under no circumstances must a jury in a criminal case be permitted to dis perse, in the absence of agreement on the part of the defense, until after 1t has rendered it's verdict in open court with the defendant present.
 An Atlanta judge discharged defend- ant convicted of violating the prohibition law from custody because the jury which brought in a sealed verdict was permit ted to disperse In the absence of agree ment on the defendants part This case did not go to the appellate court, but Judge Morris thought that there ought to be a definite decision on the subject, so he let the Hopkins case go up.
 It is definitely settled now that a jury in a criminal case which reaches a yer dict while the court is not sitting must remain in the jury room until the court eonvenes and the defendant is present, unless the latter has specifically agreed that 1t may disperse. Otherwise the de- fendant is entitled to his discharge. The situation is one in which, unless courts are extremely careful, dangerous crimi- nals might secure their freedom on pure technlcality.
 Auto Legislation.
 All sorts of automobile legislation is For npnsidara ti0n of the present general assembly. Among other things, 1t Is proposed to put provision in the general tax act, placing specific tax of S10 upon each automobile owned in Georgia It Is believed this would net the state fully e30.ooO.
 Other bills propose to make the speed limit twenty miles an hour, to create lien upon automobiles for any injury to persons or stock caused by them, to re- quire all owners of automobiles to reg ister with the secretary of state and obtain a number and license from him, and there are various other measures affecting the driving of motor cars in Georgia.
 The proposed specific tax would be, of course, in addition to the ad valorem tax which all owners of automobiles now have to pay upon this class of property, but it Is justified on the ground that au- tomobiles materially damage the roads. Also 1t has been suggestion that those who own automobiles are able to pay for the privilege.
 The state is anxiously looking around for all possible sources of revenue, and the indications are that the automobile will be promptly seized upon as one or them.