The Birmingham age-herald., 1913-09-09
O'NEAL REPLIES TO
CHARGE MADE BY
JUDGE MIKE SO[L|E
Bullock Jurist Accused the
Governor of Ignorance
of Law" INFLATED
Vanity" Etc.

Montgomery, September S.-(Special
Governor O'Neal this afternoon made
public a letter which he had written Il
Judge Mike Sollie of Ozark, in answer
to statement which the latter published
in one of the morning papers charsins
that the governor was intermeddllns
where he was not officially concerned.
The controversy began as the result oi
a statement made by the governor thai
Judge Sollie had sentenced eonviets II
hard labor for Bullock county for Longer
term than two years, in violating OF th'
law. The governors statement wa:
based on an official report from the state
convict department
Judge sollie in his interview todas
charged the governor with Grass 1gno-
rance of the law" INFLATED vanity and
an ''itching propensity for intermeddiing
In reply the governor attempts to prove
. that Judge Sollie had violated the law
and declares that 1.-The coarse and vulgar
abuse contained in your statement will
not deter me from protecting the inter-
ests Of the state but can only tend to
convince the public that you are entirely
lacking in that self-poise of judicial tenn
perament, respect for authority, and
,srowledge of law so essential in one hold
ing a judicial position"
The governor cites three instances In
which convicts were sentenced to hard
labor during the month of August Tor a
longer term than two years.
The governors statement is as follows:
September s, 1918.
"Judge NJ. Sollie, Ozark, Ala:
Dear Sir: On last Saturday the con-
vict department handed me an official
report of persons sentenced to hard
Ia rbor for the county of Bullock during
the month of August, 1913 That same
evening a reporter of the Advertiser
asked me whether 1t was true that you
had sentenced convicts to longer term
than two years, in violation OF law,
stated to him that the report filed in my
office would seem to so indicate but that
/ intended to write you on the subject
and ask for an explanation and that
did not care to give any statement TO
the press before your reply was received.
While | regret that this matter was given
publicity in advance of my letter, yet,
there is no statement made by the re-
porter which is not absolutely correct
The report filed in my office shows that
Columbus Taylor was sentenced by you
in two cases for forgery, In each case
4 the sentence was two years, besides
costs At the same term You sentenced
Andrew Thomas for two years. The
charge was, grand larceny, and at the
same time you sentenced him in another
case. for the same offense, for another
two years, besides costs. 1t also appears
that YOU sentenced VIII Duck alias Will
Duck, for the offense of grand larceny
s 70 two years. and in another case for an
other two years, besides costs. All o1
these parties were sentenced TO hare
labor for Bullock county, as appears by
the official report, filed in the office o.
the convict department, in accordance
with law. These sentences are in oper
and fragrant violation of the plain re
puirements of law.
several months ago | called attention
bv letter and through the public pres:
to the practice which had prevailed
among some circuit court judges of de-
prving the state of convicts to whicf
they were entitled, in violation of the
provision of the code on the subject.
In the act passed on November 20
1907 and found in the code of 1907, OIL
pages 422-423, you will gind the follow
ing provisions:
Section 12-When a convict is SEN
fenced to hard labor for the county, OF
two or more convictions, the punishment
of the second or each subsequent con-
yiction must commence on the termina-
zion of the sentence for the preceding
'conyiction but no person shall be sen
'tenced to hard labor for the county SO
that the aggregate of the sentences on
two or more convictions exceed two years
for the crime and the aggregate SEN
fences for costs shall not exceed Ia
months
.'Columbus Taylor, Andrew Thomas and
will Duck were sentenced on two con-
yictjons each and the aggregate sem
fences of each defendant exceeded two
wears for the crimes for which they were
convicted.
..In view of the fact that the ag-
gregate sentences of each of these par
ties for the same offense exceeded two
Years being in each case over four years,
you were absolutely without authority
under the plain provisions of law, tc
sentence them to hard labor for the
county of Bullock. These sentences be-
ing clearly Illegal, the defendants would
be entitled to their discharge on habeas
corpus unless you proceed at once tc
correct the sentences and this, possibly
YOU cannot do if the court in which the
sentences were rendered has adjourned
Certain 1t is that at the expiration oi
two years each defendant would be en-
titled to his discharge on habeas corpus
You have, then, by your ignorance OF
the plain requirements of the law, de
hire of three convicts, which, at s39 pei
month, would amount to considerable
sum.
..In your statement in the Advertiser oi
today you were kind enough to say that
n am intermeddling where / am not Of
ficially concerned. AS governor OF the
state of Alabama it is my duty TO see to
1t that the laws are faithfully and prop
Sfly executed. and which in this case
'fas not been done. 1t is my official duty
to protect the interests of the state
against sentences which are Illegal and
which deprive the state of Alabama OF
Its just sources of revenue.
"Mr. d.. G. Trawick, chief clerk of the
convict department. informs me that you
stated during the last Legislature. that
as the Legislature had refused to increase
YOUR salary you owed the state of Ala
baina no obligations. and that you and
several other circuit judges had agreed
that in every instance in which you could
you would sentence convicts in your coun.
ties to hard labor for the county, so as