The Birmingham age-herald., 1909-07-25

intervals of abstinence to edge the appe- tie; 1t chills and withers the social af- factions of the heart, and freezes the genial current of the soul"
 Among other things, my specific objec- tions to the system, founded upon the observation and experience referred to, may be briefly stated as follows:
 l. The fees charged are outrageous in amount.
 g. Every arrest, whether there is a con- victIon or not, results in more money to the beneficiaries of the system; this results in too much zeal in the institu- ton of prosecutions, and as convictions result in quicker pay causes a tendency on the part of the beneficiaries to bring about convictions.
 B. Because in many instances the officers of the law are the only witnesse and, being interested, become consciously or unconsciously biased in giving testimony, which results in the conviction of inno- cent persons.
 1. Because under this system perjury stalks abroad In Alabama
 5. Because, as a rule, the poor, ignorant and unfortunate class of our citizens, those least able to bear it, become tht victims of this system.
 6. Because no distinction Is made in
 working out costs under this system,
 which Is at the rate of 40 cents per day,
 between one accused of stealing and one
 convicted of some offense not involving
 moral turpitude.
 2. Because under this system frivolous
 prosecutions are encouraged rather than
 discouraged.
 S. Because, sometimes 8 mine sentence
 means a death sentence, as incipient dis
 ease rapidly develops in the dark and
 damp confines of the mines; and in such
 a case if the victim be innocent, it is
 murder.
 III
 in broken homes, and some in broken
 hearts: and if wrongfully convicted, at
 the expiration of his sentence there comes forth a man branded a convict
 with no respect for the law, and an
 enemy to his kind.
 10. Because any money accruing under this system in excess of reasonable com- pensation to its officers should go to pay the expenses of the government. Should not the Christian state of Ala bama pause and consider these things. if indeed we shall continue to profess
 Christianity? No sickly sentimentality should enter here. It is true that crim-
 inals must be convicted, and criminals must pay the costs; but. by all that IS
 high and holy, let us get out of the
 business of manufacturing criminals to gratify the cupidity, avarice and greed
 of a few individuals! Though I speak
 with the tongues of men and of angels
 and have not charity, am become as
 sounding brass or a tinlxling cymbal
 And though l have the gift of prophecy
 and understand all mysteries and all
 knowledge, and though I have all faith.
 so that I could remove mountains and
 have not charity, I am nothing" I be-
 lieve that if there be a place of punish
 ment for the sins committed in this world
 after wev have crossed to the other side
 we shall be held strictly accountable for
 inn no
 ant, and the unfortunate of the world;
 and if we omit to help them when we
 could do so, if we seek to drag down
 rather than to help forward, we shall be
 likewise guilty.
 It has been said by some of our citizens that we cannot remedy the fee system evil without repeating section 96 of the
 constitution which reads as follows: 'The legislature shall not enact any law not applicable to all the counties in the state, regulating costs and charges of courts, or fees commissions or allowances of public officers" 1t being said that this section was put in the constitution by the fec srabbers etc. I would pause here to ask the learned gentlemen who have passed on this question, after they have gotten rid of this objectionable sec tion what they would do with sub- | division "A of section 104 of the same con- stitution, which reads as follows: "fhe 1 legislature shall not pass special, pri-
 vate or local law in any of the following 1 cases: Creating, increasing or decreasing | fees, percentages or allowances of public | officers" Both of these sections of the constitution were intended to answer a wise and benef1cent purpose. During the years before the adoption of the constitu- tion, various local laws were passed fixing varying schedules of fees for the various
 offices in the various counties and pre- cncts thereof so that this practice grew to be a great evil, and said sections of the constitution were intended to rectify this evil. There is also another section of the constitution which declares that it shsll be the duty of the legislature to pass general laws on this subject. This was done but the legislature neglected at the same time to repeal the various local laws heretofore existing. AS a glaring example of this I beg to call your at tention to the fact that under the law
 creating the criminal court of Jefferson county it costs every person tried by jury and convicted of the simplest mis- demeanor $10 more than 1t does in any other county or court in Alabama. At the legal rate of 40 cents per day it will take 25 days hard labor to work out this $10 Under the existing constitution no local law can be enacted in the future regulat- ing the allowances of public officers, and
 general laws must be applicable to every county in the state. In my opinion, this does not mean that every officer in every county shall receive the same allowance as every other officer This is not SO now, and cannot be so. law fixing the salary of the officers according to the pop- ulation of each county would apply to all counties; or a law delegating to the boards of revenue of all counties the right to fix the salaries of it's officers accord ing tu the ability of the county to pay would apply to all counties; and in my humble opinion law along either of said lines would be constitutional. A law fixing the compensation of officers by a sliding scale in fees would not be proper as the incentive to get fees would remain the Sc me as 1t is now. Salaries should be provided for all officers operating under
 the erin inal branch of the system, and the
 fees should go to the county; but the present scale of fees should be greatly modified and reduced. This is a matter in which all demagogism should be laid aside resentative who does not vote properly on
 this subject shall be forever relegated to
 the shades of political oblivion. In the recent past a great political
 scandal took place over the race for the
 office of sheriff of this county, and it is
 a matter of common knowledge that the revenue derived from this office was the cause of the trouble. I doubt, however
 whether 1t is matter of common knowl- edge that in the past local laws have
 been so framed as to make the offices paid by fees under the criminal branch of
 the system, much more, or more quickly remunerative than they otherwise would be. For instance there is a local law