The Birmingham age-herald., 1912-02-11
Suggestion Made for Fri bunal Modelled After the
 Famous Chicago Court
LAWYERS AGREE ON
 NEED FOR RELIEF
County Courts Are So Far Behind That It Is Impossible to Give All Cases the Fair Trial
 They Deserve
ny CHAS. H. MANDY


 alleged to exist in this district have ere- ated feeling that change in our sys- tenn of administering law and justice is not only desired but imperative. It is practically agreed by the members of the legal profession, as well as by the laty, that something must be done and that speedily, to remedy existing condi- tons.
 It is also conceded that the laws de- lay in the trial of cases, both criminal and civil, is a contributing factor to the present conditions, for as has been here tofore quoted it is not the severity of punishment but the certainty of punish ment that deters the commission of crime"
 In Criminal Court
 Last week in the second division of the criminal court PIT cases were docketed Tn the opinion of many prominent attorneys it is a physical impossbility to try so many cases in one week and do justice to the state and the accused. In the divisions of the civil courts 12 to 15 cases are docketed daily for each court only small proportion are brought to trial, for the reason that a single case will often last several days, and as a consequence practically all the cases set have to be continued to a later date, entailng great expense and inconvenience to the liti- gants, also a great expense to the county
 The fee system has been assailed on every hand, and there are those who be- lieve it's aboishment would prove the Balm in Gilead' The fee system has been pointed out as contributing factor to the unenviable conditions that have recently been given wide publicity, both through the press and from the pulpit and platform. However, in the opinion of many attorneys there seems to be formidable obstacle in the constitution of the state which sets forth the manner of payment and of compensation for county officials, especially those of sheriff and probate judge and it appears that like the poor, we will have them always"
 As it is the case in every instance when it becomes necessary to make a charge especially when it affects the courts. the question arises as to the nature of the change and how 1t is to be effected. Opinions may and undoubtedly do differ as to the remedy to be applied in this instance. but there are few. if any. who are familiar with the present methods and conditions concerning the courts of the county who do not desire change.
 The Chicago Court
 A few weeks ago an article appeared in The Age-Herald, briefly outlining the plan of the municipal court of Chicago, a court said to have met ''the greatest needs of the country by applying modern business methods to the administration of justice" It a court primarily or eanized to abolish police and justice court abuses, but was subsequently, given wider Jurisdiction until it has reached every branch of judicial litigation. Since the publication of the article re- ferred to several local attorneys have in tel ested themselves in the matter. and have secured from Judge Harry Olson, chief justice of the Chicago court, com plete yearly reports of the court during it's five years of existence; a copy of it's rules of practice and procedure; and other interesting data relating to the or ganization of the court and its methods of operation.
 Smiths Suggestions
 J. Q. Smith, former assistant city at tcrney is one of those who have made study of the plans of the Chicago court. In fact, 1t was at MT. Smith 8 suggestion that the former article was written MT. Smith has prepared a plan of a proposed municipal court of Birming- ham, In an interview MT. Smith sets out his ideas and outlines his plans, which are as follows:
 .The city court of Birmingham. the circuit court of Jefferson county and the criminal court of Jefferson county are many thousand cases behind 'on their docket The people who go into the civil courts of this county with causes of action should have their cases speedily tried and decided and the people who are brought into the criminal courts. both in justice to state and county, should have a speedy trial.
 There are many thousand cases worn out and dismissed, both civil and crim inal. by staying on the dockets from year to year. Witnesses move away, some die. some are forgetful and others have their minds changed by various influences.
 ''We should give the people relief and that relief. I believe, can be had in the establishment of a court patterned after the municipal court of Chicago. which has been the remedy for just such con- ditions as exist here in Birmingham to- day.
 "The city and circuit courts can con- llHue tO tiy SdseS where more than S1NDO are involved and of course of action arising outside of the city of Birming- ham, and keep the docket clear. The criminal court could then give speedy trials in felony cases and try all mis- demeanor cases committed outside of the city of Birmingham and keep our fails clear of long term boarders.
 "I have given the matter much thought and have studied the system of courts in many large cities. and I believe the one I have outlined if established by the leg islature of Alabama in the city of Bir- ningham will. along with other reforms now being suggested, give a speedy ad- ministration of justice and make condi- tions in Jefferson county better and there by redeem ourselves from the reputation Of being a lawless county"
 The Municipal Court of Birmingham
 "The municipal court of Birmingham. To be composed of one chief justice and four associate justices.
 Salary of chief justice $500 per year, Associate justices s4000 per year.
 ITO have jurisdiction in all civil suits arising in the city of Birmingham up to amounts of 5000
 ITO have final jurisdiction of all mis- l.