The Birmingham age-herald., 1912-11-03
EFFORTS OF O'NEAL
 MAY YET BEAR FRUIT
Speedier Trial of Cases and Proven ton of Crime By Stricter En- forcement of Laws the
 States Greatest Need
By LEWIS s. BETTY,


 beneath the portals of the highest trib- unal in the state, has brought to the at i tention of every thoughtful citizen in l Alabama the imperative necessity for law reform.
 Y Law reform has been advocated in Ala bama for a number Of years. Recently this question has engaged the attention of lawyers and thoughtful citizens to such an extent as to develop in a movement looking to the establishment of new rules of practice by the supreme court-rules which will have tendency to prevent crime by stricter enforcement of the law and by speedier determination of cases. But the supreme necessity for law reform was made more apparent as the result of the tragedy which occurred in the capitol building this week-a crime which shocked the entire state, not only through the boldness of it's execution, but through the fact that it was committed within the shadow of the office of the chief executive, within speaking distance of the supreme court room, and in the building which contains the offices of tho members of the states government.
 Governors Advocacy of Reform Governor O'Neal has been an advocate of law reform since he assumed the reins of office in 1911 He has written numer- ous papers on the subject, he has made speeches on the same question, and he has used the powers of his office to the greatest possible extent to secure a strict enforcement of the law. Moreover, real izing the necessity for changes in the judicial system of the state, changes which would assure the necessary re- forms, he appointed judicial commits sion, composed of the most eminent law yers in the state, to suggest needed i'm provements to the legislature. To this commission was delegated the power of revising the entire judicial system. em- bracing the redistricting of the state and numberless changes in the methods of criminal and civil procedure. The gov .ernor hoped to accomplish through the ] judicial commission great work for the state. in that reforms would be inaugu- rated which would result In a stricter enforcement of law speedier determina ton of criminal cases. and more whole some respect for the principles that govern l conduct and righteous living.
 When it became evident that an extra session of the legislature would not be l called and that the judicial commission could accomplish nothing without the as- sistance of the states law makers, the majority of the justices of the supreme court officially requested the chief justice to convene a special term of that court in order to consider the inauguration of new rules of practice. The apparent necessity for law reform was recognized in that re- quest to the chief justice, and the ma jority of the judges of that court put themselves on record as favoring what ever changes that tribunal might make looking to the betterment of existing con ditions.
 Tn response to the request of the five members of the court, Chief Justice Dow dell has consented to convene a special term of court early in December, at which time it is very probable that some changes will be made in the rules of practice of that court. These changes will. to some extent, effect other courts in Alabama, and they will have strong tendency to prevent such a large measure of crime in the state, as well as to bring about more economical administration of jus tice.
 Sentiment for Law Reform
 Governor oNeai, while advocating law reform with all the earnestness of his nature, believes that in order to accom- pIish such reforms there should be a strong public sentiment favoring it. The judicial commission, the supreme court and the officers of the states administra ton can achieve nothing without the sup port of public sentiment. The governor believes that so long as man is allowed to carry revolver on his person without fear of apprehension, or is permitted to fiount his weapon in public without fear of arrest, 1t is altogether useless to advo- cate law reform. The essential principle looking to the enforcement of law is lack ing, and crime will continue and murder will be committed so long as such coldi- tions are allowed to exist.
 According to lawyers throughout the state, the defects In the criminal laws of Alabama are appalling, and are probably responsible for a large number of crimes which are perpetrated Under the present system, year may elapse before justice Is meted out to criminal, and in some instances, as result of the number of technical reversals which have occurred in the supreme court, several years are required for the final determination of criminal cases.
 This fault, t is believed, lies primarily with the system. A man may commit murder be indicted a month or several months later by grand jury, and be tried immediately thereafter. If found guilty, he has 90 days in which to file bill of exceptions, and the same period of time is allowed the trial judge within which to sign the bill Six months may have elapsed. therefore. after the convic- ton of the defendant, before the case is ready for presentation to the supreme court. If the supreme court is in recess. the case has to wait months before the 1 call of the defendants division. or if the court is in session, and the defendants 1 division has been passed, it has to wait | until that division is again called. prob ably necessitRting six months longer 1 Should the case be reversed on technical error 1t is sent back to the trial court | reheard, and six months may elapse be- fore 1t is again ready for submission to the higher tribunal.
 Delay in Criminal Appeals
 Delays in criminal appeals is acknowl-