The Birmingham age-herald., 1912-02-20


 for murder in the first degree. has been convicted of a lower degree of homicide, and the judgment of con- viction reversed by the supreme court, he shall be placed upon trial as in the first instance, for the highest degree of murder charged in the indictment The purpose of this suggestion is to abolish that rule of decision that a conviction of a lower degree of homi- eide than that charged in the indict- ment is an acquittal of the higher de- gree. A law of this character in Mis- souri was held constitutional by the supreme court of the United States in K ring vs Mo. 107 II. s. 221.
 For a number of years the attor- ney generals report has contained the recommendation that burglary in the night time be made a capital felony. also submit this recommendation in the hope that the Legislature will take some action thereon. and at least pro- vide for a higher punishment for this offense.
 Is Great Drawback
 "To my mind. as I comprehend the situation, and contemplating the vast possibilities for development in the fu- ture, not alone for Birmingham and Jefferson county. but for the entire state, the criminal record of Alabama, and particularly that of Jefferson coun- ty, is the one dscord and drawback in fact, l regard it as the greatest embargo upon our civilization and upon our maximum growth
 If the commissioner of immigra- : tion of Alabama or the Commercial club of Birmingham could affix to the pros pectus sent abroad to other states and to foreign countries. showing the inexhaustible supply of iron. coal and iANt 1a. l,ls. harvests of our fertile soils an ap- pendix certifying that life, liberty and property were carefully and righteous ly guarded under our laws and the administration thereof. what boon it would bel It may require one or two generations and other special Birming- ham editions of the Survey. but the time will come not quickly and all at ence, but gradually, when many or most of the present evils now claim ing the attention of the people will be corrected. We need not expect a sud den change or reformation Neither can we attribute the general condition of law violations to any one thing or to any one source. We must build from new foundation and not Inconsistencies ly begin to build surperstructure on that which is unsound and vicious and represents the existing basis of our troubles. The conscience of the people.
  already awakened, must remain quick ened to proper realization of civic obligations; changes must he made in the jury system and in tho selection of the iuries whereby the most repre- sentative men will serve on iuries: the evils of the fee system must be com batted and put down. and in some re- spects our legal procedure. along lines above suggested. must be fundamental I1y changed so that instead of admins tering law and justice under form of procedure that In practice is made and works for the acduittal and ex- culpation of the criminal, a procedure will be adopted for the real and ef- fective suppression and punishment of crime. Certainly these things will come in time. for they have come to other countries older than America and have come in large measure to certain parts of the United States older and more settled than we are."e,.sw V 2