The Birmingham age-herald., 1915-02-21
Submits Special Plea to Judges Asking That
 Right Be Exercised
RAPS THE SOLICITOR,
 SHERIFF AND CLERK
Declares They Work Together In- directly to Keep Jail and DOckets Overcrowded for Purpose of
 Collecting Large Fees

Joseph R. Tate. solicitor of the cir day submitted n special plea to Judge ID. c. Crow and Judge c. B. Smith oi the circuit court praying that an order he issued summoning special grand jury for the purpose of alIeviating the congcsted condition of the county jnil md to assist in clearing the docxets oi the criminal courts of this county.
 The plea is based on section 7251 of the code of Alabama which provides that in case Of neglect on the part of Iv the jury commissioners or from any N other cause a grand or petit jury is not returned by the Jury commissioners the court is empowered to order the jury It is announced that the two judges of the circuit court will make known their decision in the matter within the next few days. In the event of a favorable decision on tho plea 1t is stated that one of the circuit court judges will convene a special court and will proceed to clear the
 
 dockets of the criminal court
 Present Court Inadequate
 In a special interview with an Age Herald reporter Solicitor Tate goes into the matter fully. He states: Ut is admitted by everyone connected with the criminal court of Jefferson county. including it's solicitor and judges. that the resources of the court have proved altogether inadequate to handle the great number of cases that come be- fore it within a year.
 "The dockets of this court bearing several thousand names of persons awaiting trial the crowded condition of the county jail and a special bill providing for third criminal judge for Jefferson. county which was intro duced into the house of representa- lives by the assistant solicitor of this county-all bear mute witness to this condition of affairs in the criminal di- vision
 "The circuit court of this county has ample leisure and resources which can be readily devoted to the criminal cases now awaiting trial without ineurring g any extra expense to the county, there by saving both the state and county vast expense.
 By constitutional prerogative the II to the criminal court of this county to try cases of this nature and in most of the counties of the state of Ala bama the circuit court has Jurisdiction over criminal cases.
 "The criminal court which now oper- ates in Jefferson county was created by special act of the legislature some years ago because of the extraordinar- fly heavy dockets of this county, but the operation of the criminal court in no way prohibited the circuit court from trying criminal cases
 Bill Would Be a Waste
 Nhe bill which now awaits the sig nature of Governor Henderson and pro- vides for an extra judge of the crim- inal division would be a useless waste Tor the machinery of the circuit court Is readily available for this purpose
 ''Fhe sheriff. solicitors of the
 criminal court and the clerks of this
 court constitute triumvlrate alli- Rncc which works together indi-
 rectly to keep the jail and dockets of Jefferson OvercrOwded for the purpose of collecting enormous fees. The cOngested condition of the jnil Is much to the pecuniary advantage of all the officers named; and with
 the entrance of the new solicitor ship regime bond for trivial of fenses hns been raised to the maxi- mum, mus increasing the number of jail prisoners in a large degree. "The sheriff derives a great part of his revenue from feeding prisoners for the state; the state paying him stipu- lated amount per head and he furnish ing the provisions at as large a profit as possible, and for this reason this office would be very much opposed to s1naugurating court that would i'm mediate1y go to work to clear the dockets.
 The officers of the circuit court would derive very little.-if any, extra remuneration for handling the addi- tional cases and would work with rapidity in clearing all the matters hanging over The clerks and solc- tors of the criminal court would also oppose vigorously any action on the l part of the circuit court, as the fees derived from. their offices would be somewhat curtailed.
 'T fully concur with Criminal Solicitor Hugo Black in his statement that ini- mediate relief to his division is impera- Give, but do not believe that it was neces- sary to create any more court machinery when the circuit Court has enough time to spare for this purpose. I wish to point out that immediate steps will be neces- sary in order to get the criminal doclkets in anything like shape before July when the prohibition law will go into effect.' Plea to Court
 The plea submitted in the circuit court \ Is as follows:
 '"ro Hon. E. c. Grown and c. E. Smith, Judges of the Circuit Court of Jefferson County, Alabama: ,#. Comes the state of Alabama, by its solicitor, and showeth unto your honors, N the following facts:
 "1. That the honorable court is court of record created by the constitution of the state of Alabama, and such has and possesses Jurisdiction of both civil and criminal matters.
 "2. That this court for a great many years past has failed to exercise its con- stitutional rights and powers as to the trial of capital and noncapital criminal cases.
 "S. That the criminal court of Jeff ferson county was created great many years back for the purpose of giving the people of this county a more thor ,ough and better enforcement of the criminal laws of the state. At the time of the creation of the said criminal court the volume of criminal business to be handled by the court did not ex- ceed the ability and power of the court to handle, but in a few years the volume of business required the aid of an as- sociate judge and today the amount of business has increased to such an ex- tent that no two judges in the state could handle the business of that court. This is on account of the phenomenal increase in the population of our county and uot that mir Deon1e a TO moro r,rono