The Birmingham age-herald., 1913-08-24

Alabama a boy of Ii or over can be
sentenced to the coal mines for a misde-
meanor.
3. That the county judge who sentenced
Russell Head was clearly within the law
and had full authority to send him to
the mines.
4. That | can prove my assertion that
such cases have been rare in the history
of the state by well known recorded
cases.
s. 1t was necessary to petition the gov
ernor for a pardon because the boy had
been legally convicted and sentenced.
6. still contend that it is Alabama S
crowning shame" that her laws make
these conditions possible--S
Section 6526 of the code provides that
"All state conyicts under 16 years of age
shall be separated and worked apart, as
far as practicable from all other con-
victs, at a place to be designated by
board of inspectors, as a reformatory,
which shall be managed under such rule
as a board of inspectors may prescribe,
etc.
This section does not apply to any con-
viets except state convicts sentenced to
the penitentiary for felonies.
Disposition of County Convicts
Section 65S5 provides that-"County con-
victs under IA years of age may be sem
teneed to a term in the reformatory pro-
vided for in this chapter, or to hard labor
in the county, in the discretion of the
presiding Judge; and in such event the
costs of conviction not exceeding fifty
$4,000 dollars, shall be paid out of the
convict fund as provided in cases of
sentence to the penitentiary'
1t will be seen from the above that
section 6526 referred to in register article,
applies only to state convicts, and that
the disposition of county convicts is gov
erned by section 65S5.
Section $3.50, and following providing for
the juvenile court authorities the arrest
of children under IA years of age for trial
in the Juvenile court, and provides for
the penalty should the judge commit to
prison or Jail any child under IA, other
than as provided in section with refer
ence to juvenile court.
Section 1860 of the code does not make
confinement in the reformatory compul-
sorry as punishment for crimes commit
ted by boys more than and under Is
years of age, but simply provides that
any boy under these ages found begging,
abandoned, or who does not attend pub
lie school or who is an orphan, and
has no proper guardian, who is desti-
tute, or who shall have been arrested
and brought before police court for pet
ty offense may be committed to re-
formatory by any justice of the supreme
court, chancellor, or certain other judges
upon motion of such judge, or the
sworn complaint of another.
Section 1864 provides that when any
boy between the age of and II shall
have been tried and convicted of any
crime, punishable by imprisonment In the
penitentiary. in jail, or by hard labor
for the court, before any court of this
state, the court may, If of the opinion
that the interest Of the child would there
by be promoted, sentence such child to
commitment to a reformatory in lieu of
Imprisonment or hard labor for the
county
The law. therefore, is, that II a boy
who is not under IA years of age. is
convicted of a msdemeanor, he may be
sentenced to hard labor for the county,
or sentenced to reformatory, in the dis
erection of the judge trying the case.
Discretionary With Judge
1t will be seen that while the laws of
the state make provision for young boys
yet they still leave it decretionary with
the Judge who tries the case as to whether
they shall be sent to the Industrial school
or to the mines.
1t Is well and good to say you can't do
this or that, but when the facts are that
such things are done, it makes the state
ment on a par with the answer of the
negro in jail, when told they could not