The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-07

Ihat the two issues may be tried separ-
ately, and IL the jury should find in
favor of the defendants sanity, he may
then be tried for the crime and in this
manner eliminate in the latter trial all
evidence on the question of sanity"
Where Guilty Escape.
1t Is also recommended that the laws
be SO changed that when a defendant
indicted for murder in the first degree
has been convicted of lower degree of
homicide. and the judgment of conviction
reversed by the supreme court. he shall
be placed on trial as in the first in
stance, for the highest degree of murder
charged In the first indictment" This
principle is sustained by the supreme
court of the United States, in Kring VS..
Mo-, 10 U. 8. 221.
1t is also urged that burglary in the
night be made a capital felony; that
opinions of the attorney general be bound
for distribution the same as reports Of
the supreme court; that an adequate
antitrust law be enacted; that railroad
property be assessed by the tax commits
sion, that body taking over the work
of the present board of assessment, and
that the state return to biennial sessions
of the legislature.
For aid and suggestion, as well as valu-
able sympathy, the report gives thanks
to Assistant Attorney General Thomas
w. Martin, many state officers and the
various solicitors
Increase in Crime.
There is a marked increase in criminal
offenses for the two years covered by
the report over the previous or any other
like period of time for which the attorney
general is unable to offer "a rational or
satisfactory explanation" The total/num-
Der of cases of this kind was 20672, COM
pared to 1876 in the two years ending
September 30, 1906, and 11574 for the two
- lie <.f+ NJ
$50 convicted of homicidal offenses of the
three higher grades, 50 being whites and
296 negroes, thus showing 70 per cent &C.
credited to the negro race. The popula-
ton of the state Is So per cent white and
10 per cent negro.
OF the convictions for murder in the
first degree Is were white and 81 col
ored. In the second degree cases 81
were white and 1856 colored. and first de-
gree manslaughter 81 were white and 60
negroes.
In burglary robbery and larceny cases
there were 1850 convictions out of 2491
accusations. being an Increase of 431 cases
and 11s convictions over the previous two
years.
The public drunk cases show increase
from 1853 to COS.
Concealed Weapons.
The carrying of concealed weapons is
yet credited with great part of the loss
of life in the state. The carnival of the
mansayer goes uninterrupted and I'M
abated," says the writer, land the deadly
hip-pocket pistol, the companion of prob
ably over go uer cent of our homicides,"
continues to contribute its full share to
the murder records of the state" The
showing Is then made that one person in
every 1000 dies yearly from gunshot
wounds in Alabama, as compared to one
in 1000 in the nation as whole. The
total concealed weapon cases for the
two years was 1762, with 1884 convictions,
1894 of assault with weapon with $50
convictions. The increase over the pre-
vious two years in pistol cases was GA.
Other Matters Reported.
The attorney general reports that of
20.672 cases filed, 1873 were abated for
lack of testimony to convict or other
WISE He advises a closer examination
of evidence before indictments are found.
The percentage of convictions In the
state is IS, ranging from 80 to S. Tt is
estimated. however. that at least 5000
minor cases are not reported. being in
county courts where county authorities
do not make returns to the state
The report gives a detailed review of
the work of the department in the two
years, direct and as related to other
departments. 1t shows that the business
of the office has increased many times
as result of the laws passed by the
legislatures of the past three years.
Litigation, including that with the rail-
roads and the franchise taxes, still in the
courts, is reviewed, as we'll as list of
the enactments of the legislature in brief
recalled.
Corporations Reached.
Because of the passing of laws for their
control the corporations in the main have
been bitter in their operations to the
department and the state. IAN examina-
ton of the statutes during the past sew
eral decades says the report. 'discloses
the fact that practically every law re-
lating to this class of corporations and to
their taxation bears the impress of some
exemption In their favor. Thus the at
tempt of the legislature to pass laws
for the proper regulation and taxation of
foreign corporations and to prescribe
statutory rates for railroads records a
more distinct reformation or revolution
Gin some respects pioneer movement)
in the policy of the state government
than any noted change In the history of
Alabama since the inauguration of Gov
ernor Houston in 1874