The Birmingham age-herald., 1915-08-17
OFFICERS FOR NEW
 MUNICIPAL COURT Correspondence Between Ward and Abernethy COUNTY GETS ALL FEES Ward Suggests Name. Municipal Court" Is Misnomer and Is
 Cause of Confusion and
 Inconvenience
COUNTY GETS ALL FEES

Sohe interesting correspondence has passed between George B. Ward presi- dent of the city commission, and Judge H. B. Abernethy. senior judge of the municipal court of Birmingham, recently created in lieu of the court of common pleas. Under the provisions of the bill two policemen or detectives are to De provided by the city to work under the direction of the judges of the new court. This is in keeping with the policy estab hshed sometime ago by Judge Abernethy. "no' with the assistance of two city de- tectives, practically has cleared the city or vagrants and undeslrables Tn reply to the request of Judge Ab- ernethy, MT. Ward inquired as to wha return the city would get for the serv- ices or these two men, to which Judge Apernethy stated he would send all per sons charged with misdemeanors. over whose cases his Jurisdiction did not ex- tend. to the police court, as that tribunal mas concurrent jurisdiction over misde- meanors with the criminal court It IS stated that by this means the petty offender would be relieved of the heavy costs that accrue in the criminal court, as there are no costs attached to the recorders court and the costs are small in the municipal court that instead or lying in jail for weeks awaiting trial. this class of offenders could be tried at once. Instead of the costs going to the Tee officials as in the criminal court they will go either to the county or city It is stated the plan is step toward the bOli of br
 Mir Ward referred the matter to In spector Turner, who stated that under the provisions of the bill the city was re- quired to furnish the men as requested. The commissioners have taken the mat ter under advisement.
 The correspondence follows:
 Hon. George B. Ward Chairman City
 Commissioners, Birmingham, Ala:
 Dear Sir;-Under and by virtue of tho act creating the municipal court of Bir mingham. we, the judges of the munich pal court of Birmingham, hereby request that you furnish two policemen or de- tectives to act under such orders and directions as will hereafter be made by us.
 "The section of the act upon which we base this request is as follows:
 Section 3s. Upon the request of a ma jority of the judges of said court made in writing, 1t shall be the duty of the city commission of Birmingham, Ala or Of the governing body of that r,rnici- pality, to designate two policemen or city detectives to act under such orders or directions of said court in criminal mat ters within the jurisdiction of said court
 Yours respectfully.
 ''H. B. ABERNETHY,
 THOMAS R. LEA" Hon. H. B. NAbernethy, Courthouse
 Birmingham:
 Dear Sir-I beg to acknowledge re- ceipt of yours of the 14th in regard to the detailing of police officers to work under the municipal court of Jefferson county, as required by the act creat- ing said court. I enclose herewith copy of Police Inspector Turner's letter in regard to same.
 Tn this connection I would be glad 10 have you advise me where the city benefits by this arrangement and how 1t will be reimbursed for the expense of the two officers detailed to serve your court.
 q presume there would be fees aris- ing from the arrests and trials of cases. If so, to whom would such fees go. and is the law so worded that they would be payable to the city of Bir- mngham?
 Don't you think municipal court a niisnomer, and that it should be called something else?
 There is already much confusion and inconvenience to people coming to the city hall with the writs under the impression that 1t was city business and then having to go back to the courthouse. Yours very truly,
 "G. WARD President" MT. George B. Ward. City Hall:
 f. -~-l. Tn regard to the attached letter of Judge Abernethy of the municipal court of Birmingham and to the prob able effect of the municipal court bill upon the police court and the police department, beg to state that the pro- visions of the bill make it the duty of the city commission to designate two officers to work out of this court upon the written request of the majority of the Judges of said municipal court
 No provisions are made in said bill for the payment of the. officers de- tailed by this court. Should we detail them for service there we would have To pay them and the fines and forfel- lures that they would bring in would go to the benefit of the county gov crnment and we would gain no benefit from their services
 'This court duplicates the work of the recorders court in so far as it's jurisdiction extends Any arrest made by officers working out of this mu- nicipal court could be tried in our re- corder's court. In fact, the recorders court has concurrent Jurisdiction with the criminal court in all misdemeanors. Yours very truly,
 .P. W. TURNER" Hon. George B. Ward. Chairman City
 Commission, Birmingham, Ala:
 Dear Sir Your letter of the 14th inst. received, in which you asked wherein the