The Birmingham age-herald., 1912-02-18

wise discretion of the trial judge And lastly a determined public sentiment against the too free granting of par dons except on just grounds.
 Regarding Fee System
 "As to the fee system? Why, I cannot see any logical connection between that and the frequency Of murders and rob- berries. You know 9 years ago solicitors were paid a fee for a conviction in each case Since that time they have been paid salary. but the fees are still a part of the costs in the case and in- stead of going to the solicitor they are paid into the state or county treasury. It is proposed, I understand, in the pres ent movement, not te abolish the sys- tenn altogether. but to take the fees from the officers and pay them into the coun- ty treasury. However, the desire to gain the fees may stimulate the prosecution of minor cases and thereby to some ex- tent crowd out graver offenses and affect them in that way, but do not see how
 1t could otherwise.
 "In regard to Judge Lanes criticism of the city court judges, while l have the greatest admira tion and respect Tor him as man, a lawyer and a judge, he is in error in thinking that the trial of criminal cases in the cffcuit court will not be as efficacious In cleaning out the dockets of the criminal court as in that court itself For I well remember that in 1897 and in 1898, when the criminal court had only one judge, and its dockets were badly crowded, three grand juries were organized in the circuit court. There was no clash of interests, the clerk of the criminal court sending all cases from justices of the peace sent to that court to the circuit court. where the parties were indicted and afterwards tried to the great relief of the crmina. court. see no good reason why the same thing could not be done again. Then. as to Judge Lanes suggestion that some one of the city court judges try cases from the criminal court. this cannot be done un- less certain provisions of the law are complied with For instance. judge Of the city court cannot so to the criminal court, go on the bench and go to Judging right away.
 ''Under one provision of law ap- picable to this county alone, when the criminal court judges make known their desire to the city court judges that they want one of the latter to try criminal cases, all the judges get together or a majority and designate one of the city court judges to dis- charge that duty, and If this additional judge was trying criminals and the two regular judges of the criminal court were doing the same, 1t would no doubt help good deal If. under our present jury law. sufficient juries could be organized, upon which am not informed, not having looked into the matter, and right here I may sug- gest that it would be wise to have an interchangeable system of juries between all the courts of record in the county if such law can be framed.
 While it has nothing to do with the present inquiry, I believe 1t would have a fine influence on the admins tration of justice if the courts had more room and there were more con veniences about the courthouse for tho great numbers of people who go there. Of course, you are to understand by this that am in favor of great new courthouse
 Altogether the situation is not as bad as it looks I have been hearing the same cry at intervals ever since have lived in Birmingham, for in proportion to population Jhere were quite as many murders and robberies about 1887, 1888, 1889 and 1890 as there are now, and during all the years up to the present time there have been hundreds of convictions, but people forget about them, and take a much too gloomy view of the situation, the con tinued bad weather we have had no doubt contributing largely to this pes smistic feeling.