The Birmingham age-herald., 1915-03-19
MUCH CRITICISM OF' THE FEE SYSTEM AT. HEARING YESTERDAY Should Hold Mass Meeting and Demand Enforcement
 of the Amendment THE SUGGESTION
 OF SENATOR LUSK Judge Fort Before Committee On Judicial Reform for Hour and
 Half-Ed Copeland Is In-
 teresting Witness
By CHARLES II. MANDY


 That mass meeting of the citizens of Birmingham should be called at an early date 10 demand that the senator and representatives from Jefferson coun- ty use their efforts to secure the pass ing of bills putting the officials of Jeff ferson county on a salary basis was the suggestion made yesterday afternoon by Senator John A. Lusk, chairman pro tenn of the legislative committee now in session at the Motion hotel. He made the further suggestion that they be county if they failed to make the eff fort to abolish the fee system. This suggestion was made following the tes- timony of Col. Thomas H. Motion, who stated the committee would have done a great work if they helped to rid Jef ferson county of the iniquities of the fee system and put check on the promiscious bringing of damage suits by Irresponsible parties.
 Colonel Motion intimated that he would endeavor to have the mass meet ing cxled and that the senator and representatives of the county would be asked to declare themselves as to the fee system and why the expressed will of the people should not be put into effect as soon as the law allows.
 Afternoon Session Interesting
 The afternoon session was interesting in that the fee system was particularly attacked The first witness to appear was Judge w. E. Fort, senior judge of the criminal court He was on the stand for one hour and half and in addition to giving information as to the present operation of the criminal court made a number of suggestions as to practice and procedure of the crim- inal court. In reference to the jury law Judge Fort stated that the work of the court would be greatly facilitated by changing the number of challenges in trials by jury. In misdemeanor cases he suggested that the jury should be selected from IS qualified jurors and that each side should only be allowed three strikes. In noncapital felony cases the jury should be selected from 24 jurors, each side being allowed six strikes. and that in capital cases the jury should be selected from the entire venire, the state to have equal number of challenges as the defendant.
 In reference to the bill now pending providing for the appointment of an additional judge of the criminal court by the two presiding judges, Judge Fort stated that the purpose of this method was to eleiminate politics from the selection of a judge as his tenure of office under the provisions of the bill would only hold until the congestion of the court was releived. He recom- mended the probation system for first offenders and the indetermiate sentence for those sent to the penitentiary. He stated that the reform of the prisoner should be the feature of the confinment and that the sentence should end with the good conduct and reformation of the prisoner.
 He recommended the payment of wit nesses in cash with a restriction as to the number summoned, and that the cumbersome system of grand jury in- dictments in noncapital cases be abol- ished.
 Ed Copeland Testifies
 Ed Copeland, chief deputy clerk of the criminal court, gave information as to the emoluments of the office of criminal court clerk. He testified that one of the bailiffs acted as deputy clerk but that he performed the duties of bailiff dS well ne stated that the clerk had nothing to do with the buying of script but that MT. Rainbow, who paid a license for this purpose, was in and out of the office while the courts were in session. Asked as to the revenue the clerk would derive from fees in the term MT. Copeland estimated it to be between $150,000 and $160,000, but that at present 1t cost more to maintain the office than was coming it. and that with the present uncertainty of the fine and forfeiture fund a man would be foolish Tor running for the office of criminal clerk. Asked as to what he thought a reasonable salary would be for criminal clerk MT. Copeland declined to an- swer stating that he was interested in the office and that his motives in set ting a. figure might be misconstruced He also declined to state what salary he was receiving for acting as chief deputy clerk on the grounds that it was a personal matter.
 Col Thomas Motion took the stand and stated that some restriction should be placed on the promiscuous bringing of damage suits by irresponsible parties and that the will of the people as expressed by an overwhelming majority should be carried out in reference to the abolition of the fee system. He recited the fact that the mass meetings had been held and that the fee system had been unver- sally condemned publicly and privately, but he stated the people had become luke