The Birmingham age-herald., 1913-08-25

| AoA1h N0tNA ais HAtii IbHh4IltQ TIT dA-
fairs of the state. But the Is momentons
and fruitful years since Appomattox had
introduced a new element into the condi-
tions. The mind and conscience of the
sons Of veterans bad become public opin-
ion. The sons took up their inheritance.
| The governor received readily advanced
ideas of state government. Practical re-
form became the shibboleth of the legisa-
ture. Never before did state govern
ment cooperate in all its functions more
effectively.
The first in order of the general acts OF
the legislature was one 10 improve the
criminal Jurisprudence. Until now a de-
fendant on trial in a criminal case was
not permitted to testify in his own be-
half. Abandonment of this unjust discrim-
ination in evidence had been more than
once pressed upon the legislature in re-
cent years. but without effect. 1t must
appear quiotic to follow the reasoning of
grave senators in opposition. 1t was in
the second term of Governor Houston that
a democrat, Senator J. l.. Cunningham,
from Etowah, offered the necessary bin
His movement passed almost unnoticed.
The same senator in the first term ef
Governor Cobb renewed his bill The COM
mittee on the judiciary received 1t and
made majority and minority reports, the
majority report against, but the minority
favorable. Debate was full before the
senate. Senators Roquemore of Barbour
Harrison of Lee, Robinson of Chambers,
Charge of Marengo, Troy of Montgomery
Rice of Madison, spoke in animated tones
for the majority report, condemning tie
bill. Mr. Troy was always troubled by
attempts TO sweep away the old law
marks; to abolish the common law for
mob law Mr.. Clarke began his profess
scional life as circuit solicitor and in a
general practice later had acquired consid-
cradle knowledge of the needs of reform
in the criminal code, but the reform pro-
posed by the bill was too much for him
True, Congress had passed an act allowing
defendants in criminal trials before United
States courts to testify in their own be-
half but he cared nothing for such a
precedent in legislation, he said.
Senator Torrey from Munroe favored the
minority report The principle involved
was not longer an experiment. Senator
Satterfeld from Dallas favored the mi-
nority report and could not consent to
make fetch of the common law. Sena-
tor Seay from Hale warmly and foreibly
argued for the reform in criminal
trials which would admit the testimony
of the defendant. The bill was lost in
the senate, for the life of that legislature.
Now however, lawyer from Wilcox
appeared ON the scene in hot haste. He
had left a case in his circuit court in
which he had perfect confidence If his eli
ent, the defendant, might testify in his
own behalf The faithful attorney rushed
to the legislature. then in session. His
90 cd IAl. ,fr1- 81
was passed allowing the defendant to re-
late on the witness stand. but unsworn,
the facts as he might desire them stated.
Up to this time. through the terms OF
Governor Houston and Cobb, the peniten-
tiary had been rapidly increasing in num-
bers of convicts received, nineteen-twen
tieths of whom were lusty freedmen The
taxpayers were in no condition to devote
$4,000 a month or more to support this
division of the population. 1t was ac-
cepted policy to compel it to self-support.
and the only productive labor which it
was capable of performing was under the
contract form, on the cotton plantation
and the coal mines, as. dernier resort, road
building. frs aff ss-sN
Public attention was now rudely turned
to abuses of the penitentiary contract sys-
tenn. Warden Bankhead in the second
term of Governor Cobb had earnestly de-
manded the total abandonment of that
system.
This warden's report emphasized his
counsel with an enumeration of instances
of inhuman treatment of convicts by con-
tractors.
The legislature in Governor O'Neal's first
term amended the laws for conducting the
penitentiary but did not abolish the con-
tract system. As yet there was no suf-
ficiency of farming land to employ the Ia
Dor. The Williams plantation on the Tai
lapoosa had proven an ignoble failure for
that purpose. An act was passed con-
stituting the governor, the state treasurer
and the attorney general board charged
with the sale of the property complete at
public auction, so discouraging had been
the attempt to cultivate the land.
1t must be borne in mind in this connec-
ton, that the state had pledged is faith
to a semi-annua1 payment of interest and
npon that pledge had sold more than
SO 0oo.o00 of its bonds. There was con-
sttutional requirement of generous sun
mort to pnhlic schools. The courts neces-
sarv to administer law and preserve Or
der were extensive IF attention. in the
terms of Houston Cobb. was given to the
to compel the convicts TO
meet the costs of the institution bv their
labor. the evnerment with the contract
seaned iustifahIe.
The experiment with the contract svs-
ten, marifestlv now demanded the pro.
faction of more LEGISLATION An act wa S
-as ssed recurring thet governor to anpoint
three INSPECTORS of the pententiarv sub !