The Birmingham age-herald., 1911-02-25
GOVERNOR ASKS FOR MORE COURTS Sends Special Message to
 Legislature
 AVOID CONGESTION
Thinks Court of Appeals Is Neces- sary and Suggests Other Judi cial Changes Which He
 Thinks Necessary
By BERRYMAN G. BETTY

| b
 Montgomery, February 24.---(Special)
 In message which he today sub
 mitted to the two houses of Alabama's s
 legislature Gov. Emmet oNeal comes | out fiatfooted for the establishment in
 this state of court of appeals and I for the institution of whatever judicial
 changes as are necessary for the fur l therance of justice in this common
 wealth The direct purpose of the mes sage, as explained by the chief ex- I ecutive, was sto have the two bodies
 originate such joint resolution as
 would authorize the raising of d com
 existing in Alabama with reference tc I It's nisi prius courts.
 The governor recommended for ap- pointment on this commission, in addi-
 tion to himself, the attorney general l of Alabama, the chairmen of the ju- dietary committees in the two houses
 and three members of the Alabama bar. t
 | In explaining his reasons for desir- Ing passage of such a resolution, the chief executive states that the conges- I
 such condition as tends to thwart I for some time their speedy disposition l of the cases. .4, | The message further calls attention
 to the fact that a arrangement Of the circuits and chancery divisions might operate to aid in the speedy trial of causes. Further suggestion is
 made that the times of holding court l in some of the counties of the state l might be changed from two to four | times year, but he thinks that the
 matter is one which should be fully investigated by commission.
 His message, which was read in both
 of the houses. is as follows:
 Governors Message
 "To the Senate and House of Repre- sentatives--I respectfully recommend
 for your immediate consideration the passage of joint resolution by the senate and the house of representa- lives authorizing the raising of com mission to report to- your honorable | body the condition now existing in Ala bama with reference to its nisi prius | courts. This commission should, in my opinion, consist of the governor, the attorney general. the chairman of the | Judiciary committee of the senate, the chairman of the judiciary committee of 1 the house. and three distinguished I members of the Alabama bar to be | appointed by the governor. My reason for recommending the appointment ot I three distinguished members of the | bar to serve with tho officials above
 named Is that those three members Of 1 the bar, not being engaged at this par
 ticular moment in the performance of l public duties, can at once secure for l the commission all the needed data on | the subjects to be considered, and can | thus be of material service in quick . l ening the report.
 There is nothing In which the peo- pie of Alabama are so deeply inter ested as In the speedy, proper and i'm partial disposition of all causes-civil or criminal--fnding their way into any | of our courts. Any money is we'll spent which Is expended in furthering the cause of Justice and secures to our l citizens, through our courts, right and | justice without sale denial or delay. l When courts are needed no question | of expense should prevent tn cir estab- | lishment, but we should not create ad- ditional judicial tribunals unless the | necessity for their creation plainly ex- | ists. 9
 "The Alabama State Bar association. which is the only organization represent Ing the bar of the state of Alabama, after careful consideration, recommended the creation of court of appeals for the purpose of relieving our supreme court from its congested and burdened condi- ton, and bill Is now pending befors your honorable body carrying into erect these recommendations. That the supreme court of Alabama needs the relief which is sought to be accomplished by the pro- posed appellate court bill there seems to be no reason to doubt, and strongly recommend to your honorable body fay . orbale and speedy consideration of that rIl There have not been, however any recomme ndations made to you with refer ence to our nisi prius courts and in my opinion the time has now arrived when It is absolutely necessary for your honorable body to be informed as to the true condi- tlons existing in our state, and where de- fects exist that they should be remedied.
 Commitment of Causes
 "In many of our circuits and chancery divisions there are counties possessing law and equity courts. co-extensive in 1u- risdction with chancery and circuit courts. It may be that many Of these counties should, be taken out of the cir cuItS ana cIaHccTy dlsioioiS tof "iiANii they now belong and that the nisi prius ca scs and cases in equity in those counties should be exclusively committed to such law and equity courts. In many counties where no courts of law and equity exist there are but two terms per annum Of the. circuit and chancery courts. and the re- suit is that there is much delay In many of those counties in the trial of their causes.
 Your honorable body has already ere ate1 one law and equity court for one of the counties of the state, and I am informed that number of bills are now pending before you looking to the estab- lishment of similar courts in other coun- ties of the state.
 '.r the counties containing law and equity courts, with Jurisdiction co-exten- sive with that of circuit courts and courts of chancery, are taken from the circuit to which they now belong. it is possible that in the counties of the state which are too small to possess separate law and equity court the time Of holding the chancery and circuit courts iu such coun- ties may he increased from twice to four times q year, and no additional burdens imposed upon the judges of such circuits and the chancellors of such chancery di- visions. The state could thus be saved the necessity of creating some law and. equity courts which otherwise may be necessary. At' 4
 Urgent Matter
 .slt seems to me to be urgent that the commission contemplated in this message should be at once selected. with instrrc- tlons to report to your honorable body