Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1912-07-16

Editor The Journal: Apropos of the
general criticisms which have recently
been made relative to the seeming laxi-
~ with which the criminal laws of our
state are being enforced. and to which
is attributed in a large measure the
prevalence of crime. IL seems that the
present general assembly should devise
some remedial legislation calculated to
secure better results from our system
Of COURTS and procedure. Any change
proposed should, of course, receive de-
liberate consideration before being act
ed upon. but some change is necessary
and is demanded by the people.
1 do not think that our laws are not
respected because they are bad. though
in some cases. and especially during the
past few years. laws have been enacted
which. being the result of some popular
agitation rather than deliberate judg-
ment, have not received that respect
from the people generally which is due
a law. But those cases are exceptional
and cannot be considered an index to
the general respect for the laws by the
people. AS a system our laws are good
and wholesome; our courts are upright
and enforce them: our prosecuting Of
ficers are as diligent in the exercise
Of their duties as is possible for them
under the evidence adduced upon the
trial OF cases and which they are
sworn to follow, are just Where then
are TO be found the defects, the results
of which are patent to all? They are
not to be found in the courts, the So
licitors or the iuries.
In my opinion the principal defects
lie in our system of court circuits, the
office of solicitor general for each cir
cult and the semi-annual sessions of
the superior courts generally in vogue.
This applies especially in the larger
country counties. such as Troup.
AS an illustration Of the opportunity
afforded those accused of crime to de-
feat the ends of justice. Troup superior
court convenes on the first Mondays in
February and August respectively, and
continues in session for two weeks. A
homicide is committed In this county
the first OF September. Able counsel
are Immediately employed by the de-
PENDANT. who, together with the friends
and kindred Of the accused have until
the first Monday in the following Feb
ruary to prepare his defense. They
Immediately begin active. work to &C
quit him of the charge and to that end
evidence is sl1illfully and ably handled:
public sentiment is guided and formed
shape the case in such a way as. to
secure a verdict of not guilty when
the trial is had. During this time,
period Of five months. what efforts are
being made by the state or its au-
thorities to enforce the law? None
whatever, in the. majority of cases. A
committal trial where the witnesses
may be examined while, the facts are
still fresh upon their minds and the
truth can be reached, is waived by the
defendant or IL had, is conducted by a
justice Of the peace who is oftentimes
incompetent to cope with the attorneys
for the defense. And the interests of
the state for want of counsel is neg
lected for 1--WE long months until the
grand jury convenes at the regular
term of court In February. At that
time the solicitor general arrives. He
not only has the general business of
the county on his hands, including all
misdemeanors and felonies. but the en-
tire business Of the grand jury to shape
up and handle in one week. He is a
nonresident Of the county and is un-
familiar with the character of the
homicide case. the witnesses, the