The Birmingham age-herald., 1912-06-08

I Iu1lu @o'fRfNfVi Three dollar road fund ........... 9,359 9i
 Fine and forfeiture fund .......... 5,i94 g
 Redemption fund ................. 44O.5l
 Overplus fund ..,............ 1855. 6T Sanitary fund ....................., 12l,0i9 IT
 Mscadam fund .................. 5,1s7 .7s
 Bridge fund ........................ 1,524 ST
 Special road ................. 16.5l
 Bridge and public bldg fund 56.S03 2
 Total .s4ss, ,716. 8
 We find the amounts credited to the fine
 and forfeiture fund for the years 1s04-s 1 October l to October 1, constituting a
 year) to 1910. March 31, 1911, inclusive,
 as follows: 19o4-5, s16, AT. 13 1so5-6, s4o,-
 s12.2s; l9067 s5ss15 T; 1907-s, s74,474s9; 1908
 9, $71, ,6s9.37; 190910 $44 674 ST; 1910 March 31,
 1911. six months, $134So8.92
 | It will be noticed that there is an ap-
 preeiable falling of of the amount credit
 ed to this fund since the year 1909. This l is due, we are informed. by our recefv- ing less for our convicts. We urge the board of revenue to use every diligence to l correct this condition.
 Law Enforcement
 Upon investigation we are convinced l that the dockets of the criminal courts are
 o7ercrowded with cases, and that more
 are being turned into the courts than the two divisions can possibly try For ex- ample, at the present term which be- gan on April 1. 1912 there have already
 been set in the jury division for trial by jury 2025 cases. As there will have
 been but 65 days by the time of adjourn
 ment for the trial of these, it will be seen that this averages 31 cases per day, not counting those jail cases yet to be set. or one case for each 12 minutes.
 In the second division, the non-jury di- vision, there have already been set for the same period 5O60 cases, or an average of 40 cases per day, not counting those yet 10 be set, or one case every seven minutes. It will be seen by this that 50S5 cases have already been set for disposi- ton by two courts in 6 days. The April term, while some heavier than those pre- ceding 1t, Is yet representative. This condition is not caused by too frequent setting of cases; in fact, the real trouble Is that because of the large number of cases on the dockets they cannot be given more than one setting every three months, or. in other words once term We rec onmend as a remedy for the above condi- ton the abolition of the fee system. Much has been said in condemnation of the va rious operations of the fee system and its demoralizing effect upon all whom 1t touches. While sharing in the fullest dis approval of this method of rewardIng of fcials, we would be loathe to make fur ther allusion to 1t were 1t not for the fact that it is now within the power of our citizens to eradicate this evil by vot-
 ing against the fee system in our election this fall, and then embodyng in the call for a special session of the legislature
 immediately following the election, an act putting on a salary every official of our county. This would insure the officials elected in the April democratic primary election beginning on a salary basis in- stead of waiting several years or more and having our fine and forfeiture fund still further depleted. This system Is un- questionably the most gigantic tempta- ton to county officials that could pos- sibly exist anywhere.
 It is not right to make 1t possible for the humble to be preyed upon by the official It is not just to the official to place him in the position of enriching himself upon the arrest of his fellow citizen We have abundant evidence before us that large of the misdemeanor cases upon the oockets of our courts are there be- cause of the fee system. We have evil dence of 16 arrests for violating the rev enue law Gllegal sales of liquor) upon ev- idence obtained by two men in one day. Again we have evidence of 26 arrests of three defendants for violating the revenue law upon evidence obtained by the same two witnesses in one day In either of these instances two or three cases would have been sufficient. We would not for one moment suggest less activity in the enforcement of this law, but the evidence in the above cases further was to the effect that these witnesses would go into a blind tiger order drinks four or five times, and then swear out warrants for each time that either witness drank. We have statement from one who should be informed that 70 per cent of the mis- demeanor cases are upon the docket be- cause of the fee system; from another who should be informed, that one-third are upon the docket because of this sys- tenn, and from still another, 80 per cent; and from yet another a very large per centaSe. Let us for just moment con sider these estimates. and for example take the most conservative estimate 90 per cent. There are, as stated heretofore, 3t6O misdemeanor cases upon the docket of the second division, and 30 per cent of that number will approximate 9tO. The costs in these cases wifi certainly amount to $lS.000. This merely covers one term. and as there are three terms, this would approximate $54.000-s5400 uselessly ex- pended because of the fee system!
 Not only is this bad in the matter of the expenditure of money, but it unques- tionably clogs the docket to the extent that speedy trials cannot be given; and by so cong enables the blind tiger" or other hahitual violator of law to defy the law because his case is given such an infreauent setting that when he is afraid of conviction he can simply for felt his bond, making the payment of forfeitures his license to violate the law. Not only does this overlooking of dockets prevent speedy trial in minor cases. but the serious offense is necessarily pushed aside by such numberess misdemeanor arrests.
 We feel further that the heralding abroad of our iniquities by these fumer- ous unnecessary arrests give our county an even worse name for lawlessness than it deserves.
 Much has been said of the justices of the peace, but we think 1t wise to again refer to this system of law enforcement. The county of Jefferson has long since outgrown this manner of procedure, which is unquestionably only suited to rural communities We have had evidence that % per cent of affidavits and warrants drawn by these officials are worthless There is nc doubt much corruption among these officials; and we need not expect this .o be otherwise, for the system is a relic of rural days. absolutely unsuited to populous community. We would not, however, have any one think that our in vcstjgatio have led us to believe that even majority of the justices of the peace are corrupt. It is the old story of a few by their misdoings proving the capacity for oppression of a worthless system We would recommend that at the next session of the legislature there be established inferior courts for all towns, cities. and mining districts, similar to the courts of common pleas of Bir- ningham, Ala, giving them concurrent Jurisdiction with the criminal court of all