The Birmingham age-herald., 1911-09-05
CATALAN SCORES l THE FEE SYSTEM Responsible for Apparent
 Heavy Dockets i6OO CASES DOCKETED
Says Seven-E -Eighths of the Misde- meanor Cases Will Be Thrown Out of Court for Lack of
 Sufficient Evidence

The fall term of the criminal court was opened yesterday morning by the organi- zation of a grand jury, and the selection of petit jurymen. No time was iost Ill
 rganizing the grand jury, and Edward
 varren, Jr., was appointed foreman ana
 ter administering the oath to the fore
 "a. Deputy Sheriff Russell, baliff or Ngrand jury, to the grand jury as IA e. and to the stenographer, Judge A M. Cahalan. senior judge of he IA al court, charged the jury e Cahalan's charge was sensational M ,rsl particulars. Especially in his irn u1ent of the fee system, which he tond led as causing the overlooking or hheA Get of the criminal court with rases. ich ought to be disposed of in hhe i'm .or courts.
 'sThe docket for the term of court shows over 46o0 cases; that, apparently, is bad showing for the county of Jefferson But, gentlemen of the grand jury you can mot use this number of cases in judging the crimes committed in Jefferson coun- , tv. am informed that less than one ninth of these cases are feonies, and
  a number of years.
 There are about 500 felony cases, the other AGO being misdemeanors. And, if l am 10 judge the future by my observa- ton in the past as judge and assist ant solicitor, I will venture to say that seven eighths of these misdemeanor cases will be thrown out of court for lack of sevdenee or want of prosecution.
 There are too many trivial cases brought into this court and you can at tribute every bit of it to the curse of the e~snty, the fee system.
 s'For the administration of justice the fee system is bad anywhere, and in Jeff ferson county it is rotten. These mis- demeanors could be tried in the inferior courts of the different localities where they originated, and the dockets would not be so congested. and the felony cases, where property and person are seriously affected could be given speedy trials in stead of calling them about once year.
 .'But, no, the costs on the inferior courts would not be sufficient for the officials, and, besides, if parties were found not guilty they would not receive any costs. But here in the criminal court, the costs are large, and whether defendants are  If convicted the defendant pays; if ac- i, quilted the state pays.
 k Tn the inferior courts. where these mis- demanors could be tried, the punishment in the way of fine and costs, could be made to fit the crime. In this court the punishment in the way of costs is very frequently too much punishment. The fipe is the secondary consideration and it Is not san unusual occurrence in such cases hof a tha rt,i ifor remit the fine to make the punishment adequate-put the lowest fine of 1 cent, and then it will carry with it costs rang ing from $50 to s75.''
 Judge Cahalan further stated that put ting, these officials on a salary basis t6buld bring about reduction of crime, {&@d declared that the fee system worked Nkcha hardship upon witnesses who were tfx come before the courts and testify, {H(cause it prevented their getting their Witness fees and mileage. that they were f14willng to come into court and testify. RIF causes citizens to dodge being sum- e1foned as witnesses.
 AfThe attention of the grand Jury was hcailed to intimations of fraud in the recent slucal option election, to violations of the revenue law, and of the laws against the speeding of automobiles. Particular stress was laid on the statute of perjury. "The crime" said Judge Cahalan, "so prevalent can not be too closely investigated by your body"
 i The grand jury was instructed to in- 2xlsct the county jall hospital and alms- 1THR sse, to go over the books of the pro-
 Ee judge the county treasurer and oth- 4X officials. An investigation of one or 4[3b recent escapes from the county jail N6s called for.
 xfThe grand jury for the present term is Gomposed of Edward Warren, Jr., fore a1nan; Adolphus H. Lewis, Pat J. Canan, Bassell w. McGinnis, John w. Snow, sJohn M Goodaple, Arthur $. Peck, Rich "A. Crow, Alex B. Mckinney, Robert J. } sWiliams, Zacf Smith. Jesse D. Coyle, James w. Sharples, James w. Cummings, Charles M. Brown, John Holland, George | ridoood Tobp E nroxur