The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1914-12-06

OF 10 states of the union. and also In
the United States courts, and, in each
instance. such commitments have been
held void as violative of the rights guar
anteed by the fourteenth amendment to
the constitution of the United States, as
without due process of law.
The supreme court in Fifteenth Illinois
reports, page 1856, in such case says:
The statute is silent upon the subject
of notice. and the question is whether
| 1t is regular to proceed without notice
to the supposed lunatic. We are clearly
of the opinion that upon the general prin-
| ciples of law, the supposed lunatic is en-
| titled to reasonable notice If he be- in
| fact, lunatic, the notice would be un-
doubtedly useless. but that is the very
question to be tried and until a reg
ular trial is had, or inquest made, the
presumption is in favor of his sanity.
The consequences resulting from the de-
termination are of the most momentous
| character to the supposed 1unatic both
personally and pecuniarily and so long
as 1t is possible that a sane man might
i upon an ex parte examination be found
to be insane, every principle of justice
and right requires that he should have
notice and be allowed to make manifest
his sanity, and to refute or explain the
evidence tending to prove the reverse. The
| idea is too monstrous to be tolerated for
| moment that the legislature ever in
tended to establish a rule by which Sc
eret proceedings might be instituted
| against any member of the community
=, by any party who might be interested
| to shut him up in a madhouse, by which
| he might be Invested of his property and
| his liberty without an opportunity of q
struggle on his part. Should such prin-
| ciple be sustained, the most sane mar
! in the state is liable to be surprised
| at any moment by finding himself bereft
of his property and on his way to lun-
attic asylum. Such justice as this would
| be worthy of that dread tribunal the holy
vehme, whose first notice to its victim
was the execution of it's sentence; bu
| 1t cannot be tolerated where just and
| equal laws prevail and can be enforced
| 1t is plain the code of Alabama in this
respect, should be amended.
Abuse of Process
| It is well known to trial Judges and
| lawyers of experience that legal pro-
| cess is often abused. This practice is
known to be particularly true of col
| ored people. who often cause the is
sue of criminal process when they
| have conceived a grievance and have
] desire for revenge against one of
| by some white people. 1t should be
made a separate offense, punishable by
| Imprisonment at hard labor only. for
any person to malciously cause the is
sue of criminal or civil process where
| by any person is arrested or detained
or in anywise deprived of his liberty
| or to malciously cause any arrest, with
| or without process. Such provision
! in the statute would relieve the coun-
| ties of the state of the burden of many
| frivolous prosecutions and put a quietus
on a great deal of injustice now being
practiced.
Garnish ments
tended to fulfill good purpose, but
| like many other good laws is open
| to abuse by the INSCRIPTIONS. 1t is
provided that justices of the peace shall
have jurisdiction in civil cases only
where the defendant sued resides in
the precinct of the justice, or where the
cause of action arose, or the contract
sued on was made in that precinct. Not
withstanding this provision of law, 1t
is the common practice of some per-
sons to file numerous garnishmenc suits
in far outlying precincts in cases
where none of the jurisdictional facts
exist. In such case, the wage Garner,
finding his wages held. and not know
ing the location of the Justice court.
is at loss which way to turn or where
to go for relief. In his search he is
usually able to find the plaintiff and