The Birmingham age-herald., 1914-10-25
Random Thoughts On Some Phases of the Law

1 they would be offset b2 the genera, good results.
 1 Prison Reform
 1 Reform in the matter of prison con-
 struction and conditions should be car ried forward with renewed encrgy 1 This is particularly true of county joils. These institutions are intended primarily for the detention of those accused of crime, more than ne-hali
 of whom are declared guiltless by courts and juries. To say that people so held should be confined in foul, Hi
 smelling. disease breeding prisons without sufficient air and no sunlight 1 Is contrary to every dictate of human lity and common sense. Such a course tends to permanently embitter the in
 nocent and disease so contracted spreads without respect to persons. Protection of Records
 Adequate protection should be made
 for county records. especially those of
 the probate court These records, as
 we know, involve land titles mar riages. evidences of debt, and many other important matters. Their destruc-
 tion by fire, which occasionally occurs.
 involves the expenditure of enormous
 sums of money and opens wide the door
 to confusion and fraud
 The exposed condition of some os these records can be shown by ref ercnce to those of Jefferson county. 1 The large bulk of them are housed in a non- fireproof building (the present lcourthouse). Those involving land tiles
 are or side of this building adjacent
 to snd within about 20 feet of a solid wooden structure 50 feet in width and
 more than 100 feet in length. It Is nor
 unreasonable to suppose that if this
 wooden structure were to catch fire
 and burn (which 1t would do if once under good headway) these records would be in grave danger of total de- i struction.
 It is understood that a good many street names and numbers are being
 changed in this district by which the location and boundary of many lots
 and tracts of land have been described. | This change will cause considerable confusion and Nives vague idea of
 what the result would be if the rec
 ords were destroyed.
 Appearance Bonds
 | Maximum amounts of bail bonds should be fixed by law according to | the degree of the offense charged I tcxcepting capital cases) and not left
 to the discretion of the courts. because often abused by overzealous officers.
 Fixing bonds beyond the capacity of a defendant to execute Is equivalent to a l jail sentence, and places every defend ant at disadvantage in preparing or
 in making any defense of the charge against him.
 | Provision should be made by law. also, allowing any person to qualify as ball who owns sufficient property. real
 or personal. homestead or otherwise.
 and allowing no exemption on a for | lfciture of such bond Some officers gre very stringent in the matter of ap-
 proving bail bonds. hut is believed
 there can be no help for this condition as long as the fee system is in vogue. This state of things has brought about
 untold inconvenience. injustice and suf-
 fering to those wrongfully accused of crime.
 New Trials
 l If 6 man Is about to lose his prop | erty in a civil action and for good and sufficient reasons demands new trial
 he may appeal to the supreme court if the trial court refuses to grant 1t. Not so if he is about to lose his life or
 tls liberty in a criminal prosecution.
 If the trial court acts adversely on hls
 motion in such case. no matter how meritorious his cause. he Is at his row's-end. for 1t is held under exist l ing law that the granting or refusal of
 such q motion Is within the discretion
 Of she court, Which is the greater and | of most fmportance. life. liberty or property? It is within the province of
 the legislature to say. zi~ Appeals From Municipal Courts l When person Is accused of a viola. | ton of a municipal law he is usually | thrown in jail, his communication with | the outside world cut off. kept there un- til the following day when he is tried
 without let or Ahindrance, for these are
 courts of summary Jurisdiction. When
 convicted. he is either put to work upon
 the streets or into the city prison, un- | less he execute an appeal bond within | five days, which usually he Is in about | the same position to do as he would be I to at once fly over to Berlin in an aero- plane. ssu
 These are courts in which injustice and oppression most often rears its urgly head. Every person convicted in mu-
 nicipal court should be allowed to appeal I and to be transferred to the county jail, pending appeal. if unable to make bond.
 This Is tho rule in every other court in
 the land, and the exaction of . bond in a criminal case as condition precedent
 to an appeal is undoubtedly flying in the
 face of the constitution.
 Money Lenders
 1 great deal has been said and written regarding money lenders, by some termed '1oan sharks" not at all complimentary to them, and doubtless in many cases
 such criticism has been amply justified l Some have spoken of them az an evil | for which there is no excuse or justif- l cation. It is well-known fact, however, l that there are many poor and needy per- sons who are compelled occasionally to
 borrow money in small amounts. and that they are unable to get 1t, on any terms, l from banks or like institutions. It Is through the necessities of these persons that the money lender exists. We have fixed a rate of interest for the. loan of
 money. and licenses are issued for this purpose, but 1t is a well-known fact that | money cannot be loaned in small amounts
 at the rate fixed and the lender exist He | must pay office rent and hire collectors, and the license imposed. on him is usually exhorbitant. It ia natural to suppose that these expenses are to como from the borrower. which Is the fact, at any rate. We had best be honest with our selves in this matter and look upon the situation in its true light. would sug- gest that a living rate of interest be fixed for the person who lends money in small nmounts that extortjonate H. censes be not imposed upon him; and. lastly. that 1t be made . criminal of- fense for the lender to exceed by any pretext the rate of interest fixed by law. Tkis seems the best solution of this vexed problem.
 Attorney and Client
 Some months ago, on going to a county jail to see client, a certain attorney was informed that. for some reason. there could be no private consultation of at- torney and client, but that every attorney ~..I1 h. A. II~