The Birmingham age-herald., 1917-08-05

This is the third of series of
 articles by ex-Governor ONeal ap-
 bearing in The Sunday Age-Herald
 In which he discusses the reforms
 needed in the states organic law.
 Next week he will suggest model
 draft of statewide judicature.
 For the past few years the bar of Alabama has been engaged in an or ganized movement to secure reform of our illogical and antiquated meth ods of judicial practice and procedure. During the last session of the legis- lature this movement resulted in the enactment of an act vesting power in the chief justice and certain members or the supreme court to formulate and adopt rules of practice and pro- cedure.
 The passage of this law. by neces- conflict with its provisions. even though no such repeal was provided in the act. Unfortunately, however, the legislature added at the end of the act proviso that 1t was not intended to vest in the supreme court power to repeal any of the statutes of the state and 1t now seems to be generally con ceded that this proviso defeated the purpose sought to be accomplished and made the law imperative. The legislature did, however, pass an i'm portant law by which the chief jus tice of the supreme court was vested with control of the circuit courts, with power to assign judges and solicitors to other circuits where the dockets were overcrowded and congested or the trial of cases both civil and crim- : inal delayed or prisoners in jail de- nied a prompt trial. He was also clothed with certain important admin istrative duties. Yet while all these reforms undertaken by the last leg islature are important, they cannot, without other radical changes of or ganization. secure that more inex- pensive, vigorous and efficient admin istration of the law so imperatively demanded.
 FUNDAMENTAL REFORM
 The fundamental reform about which there has been but little dis cussion by the bar or the people of Alabama and which in importance overshadows all others. is the improve ment in the organization of our en- tire judicial department and our meth- ods of selecting and retiring judges.
 This reorganization of our courts can only be accomplished by com- plete and consistent scheme by which the whole judicial power of the state shall be vested in our great court, of x.rhi a11 i11di frih ch a1 be branches, departments or divisions Until this principle of unified state courts is recognized and carried into effect all our efforts to secure judi cial reform will prove unsatisfactory i and disappointing.
 The system under which our courts were originally organized may have proven adequate for frontier state where population was soant and con- fined to rural districts, where travel and communication was slow and diff ficult. where commerce and industry were undeveloped and the legal prob lems were simple and confined to < those which naturally arose in an az ricultural community where primitive social conditions prevailed.
 But with the growth of wealth and population, these primitive conditions have long ceased to prevail and yet
 
 tion created to meet the simple de- mands of frontier state for the so- lution of the many intricate prob lems. the increased litigation and the law requirements of a highly com yplex and advanced civilization
 In all departments of our industrial life, in manufacturing. commerce, ag- riculture, mining and even in the arts and sciences we have made marvellous progress and the simple methods of 1. early days have given place to highly : complex organizations. reorganized so as to secure the greatest possible effl- :. ciency and yet the type of our court organizations remain the same as they were during the days of frontier life It has been truly said, We are, as 1t were, running our courts with hand power for civilization which requires 1. the service of steam and electricity and : all the intricate organization which