The Birmingham age-herald., 1911-02-20
MAY ABOLISH ALL
 JUSTICE COURTS Proposed New Law Is Far Reaching in Effect ABERNETHY TALKS Court of Common Pleas With Six Divisions to Take Place of h.
 ferior and Justice Courts.
 The Advantages


 9. 45 and 29. The bill also abolishes the inferior court of Birmingham over which Judge Hustus B. Abernethy and Judge I. II. Benners have presided for the past six years. In the place of all inferior court judges, which includes the inferior court of Ensley, presided over by Judge c. F. Camp, judges will be appointed in six divisions.
 The enactment provides that the first and second divisions of the court of common pleas shall be in Birmingha am proper, and it is contemplated that Judges Benners and Abernethy occupy these places.
 lnasmuch as the bill is favored by Judges Abernethy, Benners and Camp who include the list of inferior court judges. it Is sure to find favor among the lawmakers
 Judge Abernethy. ie will be recalled assisted in abolishing his position as justice of the peace because of the dissatisfaction of attorneys and liti- gants before the court
 The bill as contemplated arranges for the following distribution of tn e divisions:
 The third division shall be estab- lished at Ensey. the fourth division at Pratt City. the fifth division in North Birmingham, and the sixth 'di- vision In East Lake. Woodlawn and Avondale.
 The bill has been drafted upon rath : CT broad lines and unflinchingly strikes blow at useless suits which have ere ated wide common here and at the alleged loan sharks and retail peddlers whose practices have engendered extra . ordinary comment
 Section of the bill provides the following procedure for the appoint ment of the presiding justices:
 At the expiration of the term of any of the judges of any division he shall thereafter be appointed by the judges of the courts of record of lief ferson county not including the judge of the city court of Bessemer for a term of four years and until his sue cessor is appointed and qualified"
 Appointment of Judges The foregoing section takes care that the judges of the city. circuit chancery, criminal courts select man they personally know to be learned in the law and a man in whom they can trust the duties In perfect faith that the work will be done carefully. This takes the court out of politics removes the judges from the alurements of politics or extra compensation and safeguards the most careful admin . istration of justice.
 The bill, to take care of the money taken in, provides that the judges, with some exceptions, may appoint a clerk, who shall make a sufficient bond. This clerk shall issue all legal processes, shall pay over the money to the coun- ty treasurer and his books shall be regularly checked.
 It is noted that in this way the judges are in no wise in touch with pecuniary transactions as the moneys of every description are directed county auditor has supervision and will be paid into the country treasury.
 Power of Judges
 The law provides that the judges have the right to fine for contempt of court, as allowed the circuit judges. and they shall have the right to try with final jurisdic- tior misdemeanor cases. This will in- clude abusive language, larceny, embez- element, and affrays.
 With this power the county of Jefferscn will get several thousand dollars in fees, as no person would finger in jail awaiting trial elsewhere, and the huge fees paid ether officials would be diverted directly into the county strong box, rather than into the personal account of some off. cials. This section has prevent to be very appalling to those opposed to the fee sys- tenn.
 The section which is aimed to ade- quately protect the laborer and which stys that all garnshments must issue orly for the bare necessities of life. fol- lows:
 Garnishment Clause
 That in addition to the limitations now existing as to garnishments in justices courts in Jefferson county, no garnish- nents shall issue upon claim, dept or cause of action where the amount ir- volved exclusive of interest and attor- neyg' fee, does not exceed S1O or except where the claim debt or cause of action is for board, lodging, groceries or work and labor done by wage earner. which fact must be stated on the affidavit, for said garnishment, and no garnishment shall issue on a claim for a loan or for bearance or money by person. firm or corporation engaged in the business of lending money at a rate in excess of per cent per annum, or upon any claim for a loan at a rate in excess of per cent per annum, or upon any claim, debt or liability, whether in contract or tort or round, or growing out of an assignment of wages to a personal firm or corpora ton engaged in the business of obtaining assignments of wages for a loan or ad- vance of money whether the loan or ad- vance be termed or construed a purchase of the wages or not
 That in addition to the affidavit now required by law for the issuing of gar nushment before or after judgment, the party seeking judgment must further make affidavit that the money subjected by garnishment is not wages, salary or other compensation of laborer or em- pioye residing in this state for personal service, or that 1t is to~ subject wares, salary or compensation of laborer or em- ploye resident of this state for personal service but that the amount claimed to be due by the garnishee therefore is in ex- cess of S25 per month, and the writ shall in addition to the form now required by law expressly provide as follows The wages, salary or other compensation of la- borer or employe resident of this state for personal service to the amount of S2i per month, are not levied on by this writ, and you are authorized and directed not withstanding this writ to pay laborer or einrloye resident of this state for hls pers onal service to the amount of s25 pei month, and you are directed not to stol the $25 per month";
 The enactment carries many sections oi