The Birmingham age-herald., 1910-07-23
PLAN ID RELIEVE
 INFERIOR COURTS Many Misdemeanor Gases Be-
 long to City SAVING WILL BE LARGE Believe That City and County Will Both He in Favor of Proposed Change as It Will Be of
 Mutual Benefit
SAVING WILL BE LARGE

Much interest has been expressed in local court circles over the project of making petty misdemeanors which are now tried in the two divisions of the county inferior court returnable to the recorders courts of Greater Birming- ham. Any number of small misde- meanors committed within the limits of Greater Birmingham and brought to the notice of justices of the peace have to be tried in the inferior court, often after the offenders have been forced to spend considerable time in the coun- ty jail, since an immediate hearing and the making of bond are impossible. It is pointed out that if such cases can be made returnable to Recorder Feagin's court, or to the suburban re- corders' courts at Ensley and Wood lawn, the county will be spared the expense of maintaining the petty of lenders In the county jail. The city also will profit by the change in financial way, since the fines will amount to a considerable sum. Above all, speedy justice can be meted out to all commuters of minor offenses, who, under the new system, will be able to make bond without long wait for the preliminary hearing in Judge Abernethys or Judge Benners division of the inferior court.
 Under the present system misde- meanors committed within the confines of old Birmingham proper are usually brought up before Judge Feagin. Those committed in districts brought into Greater Birmingham under the provi- sions of the King merger have here tofore been in the Jurisdiction os the police courts of the smaller suburban cities, or have been returnable to Judge Benners' or Judge Abernethys court
 Since the Greater Birmingham bill went into effect on the first of the year petty misdemeanor cases which are properly In the Jurisdiction of the recorders court have been glutting the dockets of the inferior courts and of- lenders who are virtually city pris- oners have been immured In the coun ty jail, much to the expense of the county and the discomfort of the pris- oners.
 Alderman Perdue Interested
 Graham Perdue, alderman from the Fifth ward, has expressed considerable
 interest in the project and states he will make an effort to have the change made. Alderman Perdue states he has
 
 change will be readily welcomed by both county and city, since it will be mutual benefit affair.
 The matter will probably be brought up before the council by Alderman Perdue at an early date.
 q have not yet investigated the mat ter fully enough to warrant immediate action" said Alderman Perdue yester- day but I believe the change must eventually be made and therefore the sooner the better.
 "Offenders who are guilty of only petty misdemeanors are now forced to remain in the county jail without bond until the preliminary hearings before Judge Benners or Judge Abernethy. To make such cases returnable to the re- corders' courts at the city hall, or ar Ensley and Woodlawn would be to save the county much unnecessary ex- pense, as well as to aid the city finan- cially.
 Tt Is matter of common knowledge that Judge Benners and Judge Aber- nethy have their hands full with the more important criminal cases and with the large number of civil cases whicn come up before them. It is only right that misdemeanors which are commlt- ted within the confines of Greater Bir- mingham and are rightfully under the Jurisdiction of the recorders courts should be tried in the recorders courts
 "I believe there will be no serious opposition to the change. The justices of the county will in all probability consent, and I am sure the change will have the saction of Judge Benners ana Judge Abernethy.
 "1f such cases can be made returnable to the recorders courts 1t will be bet ter for all parties concerned-for the offender. the county, and the city or Birmingham
 Inferior Judges Consent Both Judge H. B. Abernethy ana Judge l. H. Benners of the two divisions of the inferior court are known to be in favor of the change, though not TOT personal reasons.
 Judge Abernethy stated yesterday that he thought the offenders were the most vitally concerned though the item of expense to the county in handling the cases makes the matter interesting from other viewpoints.
 Developments In the project will be awaited with much interest.