The Birmingham age-herald., 1909-04-09
KILBY RET|RES
 FROM HIS OFFICE Reviews His Work As Mayor of
 Anniston PROHIBITION OPERATION Makes scathing Denunciation of the Petit Jury System In the Enforce ment of This Law-started
 Bucketshop Crusade.
PROHIBITION OPERATION

Mayor Kilby and his board of council
 men closed. The mayor and council are succeeded by Mayor Wilke and the new councilmanic board and work be- gins under new municipal code with President W. L. McCaa presiding over the council instead of the mayor, as heretofore.
 In the summary of the work achieved by his adminstra tion, made public to- day, Mayor Kilby, who has been men,
 tioned as a prohibition candidate for governor of Alabama, makes a scath-
 ing denunciation of the petit jury sys-
 tenn as affecting prohibition enforce
 ment, takes credit for having initiated
 the anti-bucketshop crusade which re-
 suited in a state-wide law and enum- crates other achievements of a more local interest.
 The gross floa ting debt has been in-
 creased under his administration by $7,S94.05, the net increase being $2,465.s0, allowance being made for in creased assets. This he accounts for by the loss of revenues due to pro- hibition, but thinks the loss in dollars has been compensated for in other ways. The present bonded indebted ness of the city reaches a total of sS72, 2,764S2.
 The water and light rates have been decreased the schools have been im- proved, one new building being erect ed, and the public highways greatly improved 2S,92S square yards of bit ulithio pavement, 405S feet of gran ite curbing and 54,OSS square yards of cement sidewalks having been con- structed, etc.
 The uncollected real and personal taxes, except those on the old Annls- ton Inn property, which are in litlsa- tion. amount to $22.3S. This amount includes not only taxes for the past year, but also those of former years which, being uncollected, have been brought forward from year to year and charged to the tax collector as back taxes. Of this amount $14.S3 Is um- collectable, as the property has been sold by the state for state and coun- ty taxes. The balance Of $755 is dis puted for various reasons. This rec ord for tax collections has not, per- haps. been equaled anywhere at any time.
 Concerning law enforcement, Mayor Kilby says. There has been hearty and sincere cooperation between the
 several departments of the city gov ernment in the enactment of good laws and in the enforcement of them.
 The first ordinance adopted by the council preceding tie present one was for the repeal of an ordinance granting lew license to Desf saloons. That aa- ton nipped in the b.,d an experiment, which. in sny opinion- would have re- suited in the creation of numbers of low elves and ;hc usual attending law lt"sness and crime 1t set high the standard of legislative action which hGs never since been lowered.
 Following that movement was started which resulted in the banish- ment of bucketshops and their fear full consequences from the oity-a movement which spread over the state until public sentiment, through the legislature, drove them from the state. Special credit for this work is due to MT. E. P. Cooper, who introduced in the council the first ordinance touching the subject
 Perhaps the most difficult problem that. has confronted us is that concern ing the enforcement of the laws pro- hibiting the sale of whisky. At the outset the council adopted the most stringest ordinances providing for the punishment of offenders against the prohibition law. These have been req sonably effective, but we have met with much difficulty in securing convictions of blind tigers by juries in the city court on appeal from the recorders court, notwithstanding the able and vigorous prosecution of the city attor- ney. a.
 Testimony which, on its face | showed plainly that it was manufac- tured for the purpose of proving alibls, has been received as truth by juries of intelligent men. The very air of the court room has been so charged with perjury as to smell to heaven
 and yet juries would not open their eyes sitting apparently as blind as | so many bats. The great obstacle in | the way Of effective enforcement of the prohibition law today Is the petit jury | encouraged and assisted by the law | yer who cares more for a part of the | blind tigers spells than for the moral | welfare and good name of the com- munity In which he lives. The ac- cused should always be presumed in-
 nocent until proved guilty and no req | sonable and honorable means of de- fense should be denied him. A lawyer
 may be justified in defending him even | though he knows him to be guilty, but | it does seem as if there should be 4 | limit some where at which a halt should be called-somewhere about the I point where the court and all the law | yers and spectators realize that de- | fense Is being manufactured out of per- | jury as the whole cloth.
 l "In spite of these difficulties the en- | forcemept of the law has been such as to reduce the business to a min | mum. It consists entirely of boot | logging or pocket traffic. In this work the chief of police and his men have
 been faithful and diligent. "rhe following figures are conclusive l as to the effect of the operation of pro- 1 hibition jaws on the morals of our peo- 1 pie:
 "Cases fined by the recorder from | October i, 1906, to December 31, 1907 Drunk, 1500; disorderly conduct 960; concealed weapons, II.
 | Cases fined by the recorder from l January 1 1908, to March 31, 1909 Drunk, 188; disorderly conduct 3O2 l concealed weapons 29.
 1 "Decrease in the 16 months: Drunk l 1912; disorderly conduct, 658; concealed weapons, AZ. Percentage of decrease. l Drunk, .S71l; disorderly conduct .6S i; concealed weapons, .60.