The Birmingham age-herald., 1913-11-09
JUDGE FORT ISSUES
STATEMENT ON NEED
OF JUDICIAL REFORM
Thinks Witnesses Should Be
Paid in Cash Instead
of Script
PRESENT METHOD
HANDICAPS COURT
''NOn-Attendance of Witnesses in
Criminal Cases Has Almost Par
allied Machinery of Criminal
Court" Says the Jurist

For some time past there has been
a well defined movement in legal circles
to bring about a change in the present
system of practice and procedure in
vogue in the courts Of the state of Ala
bama. The supreme court of the state
has recently adopted a new set of rules
that in the opinion of many learned and
experienced lawyers will prove of vast
benefit In reducing the number of re-
versals on purely technical grounds.
Members of the local bar have from
time to time given expression to needs
of reform In the practice at the vari-
Gus courts of the county and the mat
ter has been discussed at the meeting
of the bar association and of the law
yers' league.
Scores Payment in Script
Among the leading attorneys who
is Judge William E. Fort. senior Judge
of the criminal court of Jefferson coun-
ty. He attacks the fee system, but
more roundly condemns the system of
paying witnesses that attend the GRIM
inal court In Script which he states
hampers the work of the court and is
an injustice to the witness who is Of
ten compelled to suffer a financial loss
while attending court. He states he
has other suggestions to make and that
he will publish several articles rela-
tive to needed reforms which are based
on his personal observation and expert =
ence
Judge Fort is one of the best known
of the younger jurists of the state and
having served several years as Judge
of the criminal court of Jefferson coun-
ty Is we'll qualified to offer suggestions
that may lead to relief from the pres
ent plan. Judge Fort does not imply
that ne has solved the entire question,
but offers the suggestions from the
hope that some measures will be adopt
ed having for their purpose the more
efficient ADMINISTRATION of justice in
Jefferson county.
His statement is as follows:
Judge Forts Statement
Realizing that If we are to have re-
form in the judicial procedure, our
judges owe responsibility to the peo-
pie in the way of recomm ending needed
changes in the law, l am impelled to
lay before the public some of the needs
which are apparent in the operation of
the criminal court. All of the necessi
ties of our court cannot be contained
in single article; but by your indul-
gence | desire to present to the people
in different consecutive statements IA
few of the most urgent requirements
suggested by my own observation and
experience.
Now that it Is probable that a ses-
sion of the legislature will be called
at an early date, IT may be safely pre-
dicted that this county will be at last
relieved of the incubus of the fee sys-
tenn; but more than this is required if
We are to have an efficient administra-
ton of Justice In this county One of
the chief stumbling blocks which now
obstructS the way of prompt trials In
criminal cases can be easily removed
by a simple act of local legislation L
refer to the astonishing fact that wit
nesses, who are summoned and required
to attend the criminal courts of this
county. are not paid in cash for their
daily attendance. but are forced to ac-
cept county script. payable out of the
fine and forfeiture fund" and this
fund Is estimated to have prior claims
against it five years old.
No Inducement to Attend
In other words, the attendance OF
witnesses required for the prosecution
of criminals in the richest county in
Alabama depends almost entirely upon
fear of punishment for failure to at.
tend court; which witnesses are COM
PEELED to lose their time and leave their
work for the sole consideration of the
county's promise to pay them five years
hence. or to be fined for contempt on
failing to appear upon being sum
moned. Witnesses i'll criminal cases
most often come from the ranks of
those who are dependent upon their
daily labor for existence and for the
support of their families. The neees-
stiles of public justice require them TO
attend and this situation works great
hardships upon many hundreds of our
is not financially able to lose time and
money attending court for the empty
privilege of testifying In the criminal
cases. 1t is true. such witnesses are
rewarded for their patriotism by tn.
privilege of preserving county SCRIPT
for five long years. as souvenir or If
they cannot afford to walt on account
of daily need. they must sell to the
script buyer on a basis of from 10 to 80
cents on the dollar.
How can we expect prompt trials for
criminal cases when there Is every in
ducement for a witness to avoid service
and stay away from court, while no in
ducement is offered him to attend, not
even reimbursement for his lost time and
money while he attends. Why should
not the legislature make q law for Jeffer-
son county requiring that all witnesses IN
criminal cases shall be paid in cash out
of the general funds of the county, in
(COntfuued Ou Page Stx,