The Birmingham age-herald., 1912-05-24
24 Members of Judicial C0m- mission Respond to Call
 of O'Neal Yesterday
RECOMMENDATIONS
 MADE BY GOVERNOR
Prominent Men Present Express Themselves as Being Heartily in Favor of Movement--Lusk
 Gives Paper on Reform

Montgomery. May 2s.-(SpeefaL)--In re-
 sponse to the call of Governor ONeal 24 of the 30 members of the commission ap-
 pointed by the executive for the purpose
 of revising and reforming the judicial sys-
 tenn of the state, assembled in the SUI preme court room this afternon. There
 was a unanimity of sentiment on the part
 of those present regarding the imperative need of revising the judicial system in the trial of all civil and criminal causes. and in the redistrieting of the state, and while
 the meeting this afternon was devoted chiefly to organization and the appoint
 ment of officers and committees, there
 was sufficient expression from those pres
 ent to warrant the statement that the
 meeting was probably one of the most im- portant that has ever been held in Ala bama.
 Judicial reform was the principal topic of discussion. Prominent lawyers from
 every quarter in the state voiced approval
 of the motive which had impelled Cover
 nor O'Neal to call the commission to-
 gether, many of them declaring that the
 work of the committee would probably be
 epoch making in it's scope and such as
 to command the admiration of all other states in the union in which anticipated judicial systems prevail.
 Pelham Permanent Chairman Judge John Pelham as the president of the Alabama Bar association, was chosen permanent chairman of the com mission This important office had been tendered to Chief Justice J. R. Dowdell
 of the supreme court. but the pressure of official duties caused him to decline tho
 ehairmanship of the commission and the
 election then fell upon Judge Pelham by l unanimous consent of all those present,
 Tho meeting was called to order prompt- ly at o'clock by Gov Emmet ONeal. The chief executive explained the pilr- pose for which he had called the commits sion together and stated his extreme grat- 1 ifcation that 24 of tile. 90 appointees had
 responded to the cai The governor said 1 he had selected men who were willing 10 l give most thought and study to the ques- 1 ton of judicial reform, and dwelt at 1 length on the anticipated system which prevails in this state regarding the trial of civil and criminal causes According l to the executive, we are still living under
 the system inaugurated by Blackstone centuries ago in England. The preponder-
 ance of the murders in Alabama over !
 ulaton of this state, was. according to l Governor O'Neal due largely 10 the slow method in criminal procedure and tho many reyersals on technical error. Among the recommendations made by 1 the governor which he suggested as need- ed reforms were the restoration of coui- mon law powers to judges: the adoption of rule to prevent reversas by an ap- ] pelate court unless convinced that the 1 trial court erred brevty with reference | to the trial of causes; to give the state the same number of challenges as the de- fendant, and to reduce the challenges fin both felonies and misdemeanors to all the state. as well as the defendant the right Of change of venture, to abolish all new trials except In rare and unusual cases to give appellate courts final jurisdiction tho abolition of the fee system as a con- persation of attorneys; the abolition of turnkey fees and other reforms. Upon the conclusion of Governor ONeafs speech, on motion of Judge Ed- ward DeGraffenreid the governor was selected as temporary chairman of tho meeting. A resolution was then adopteI calling for the appointment by the tenn porary chairman of committee on or ganization and nomination. On this com mttee the governor named Judge De- Graffenreid, Attorney General R. C. Biok- | ell, Judge A. O.. Lane, W. W. Callahan, Judge T. C. Mcclellan, Judge Ormond
 
 | Following the report of this committee, | letters were read by Phil H. Stern, per- manent secretary of the commission from the six members of the judicial commis- 1 sion who were not able to be present. Each of the absentees expressed regret over his inability to aattend the meeting and indicated his approval of the work which the commission had been called upon to accomplish Some little discus l sion ensued upon the reading of a iet- ter from Walker Percy of Birmingham. 1 who sent regrets that he could not be present and suggested some methods Of reform This letter was not allowed 10 be spread on tho records of the meeting
 inasmuch as it had been written to Goy- error O'Neal, but before 1t was with drawn 1t occasioned some caustic remarks on the part of Judge A. O. Lane of Rr- 1 mingham, who did not agree with Mr
 Percy in certain reforms which he advo- cated.
 Paper on Judicial Reform | A paper was read by John A. Lusk Of 1 Guntereyille on judicial reform in the
 state after which the subject was dis cussed to some extent by w w. Calla- han of New Decatur, Alex Pitts of Selma.
 and others. MT. Callahan declared that
 he saw no reason why there should be SO
 much complaint with reference to re-
 versal on technical error, stating that he
 
 l the doctrine that the judicial system was all wrong and that We were backward 1 in the administration of Justice in this state. Mir Callahan sounded the first
 note of dIsapproval regarding the sub- feet of reversal on technical error. The 1 commission adjourned at 6 o'clock hav- l ing decided that the various members should meet at the call of the chairman of the sub-committees and that these com mittees should report to the committee of the whole. which shall meet in Montgoni- cry at such times as the committee may designate or at the call of the chairman. The following is list of the committees appointed.
 Personnel of Committees l Central Committee--Charged with gen. l eral supervision of all executive work of l the committee of the whole. John Pei- ham. Thomas c. Mcclellan, Robert '. 6f.Ontfnued am Pnce NIueA