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

cult judge was engaged in the trial of causes during the year 1912 was 22 days and the longest 100 days. One circuit failed to make report and Hence, taking the IS circuit judges, their average days in holding court in 1912 was 6S Is days. No one, there- fore, could very justly complain that the judges in Alabama were over- worked. On the contrary, they were paid larger salaries for the work they did than any other state officials. A circuit judge at the time this com pilation was made rendered no other service in the discharge of his duties than holding court either with or without jury. Taking into consider ation the average number of days they sat on the bench they received for their services the very handsome com pensation of over $43 a day, sum which ought to have been sufficient to have kept the wolf from their doors.
 REFUSED TO ACT
 All these facts 1 submitted in my message to the last legislature, a body which professed to be inspired by the most intense desire to reduce expenses and prevent any unnecessary waste of the public moneys. In pursuance of their laudable and commendable pro gramme of retrenchment and reform they appointed numerous investigat- ing, or what were commonly termed smelling committees" examined num- erous state officials with the hope that they could besmirch the character of those to whom they were politically opposed, and cooly refused to reor- ganize our courts, reduce the number of our judges and end the inexcusablc waste of the public moneys which the present system created. The facts l furnished were plain and unchal- lenged, the unnecessary cost of the Judicial system was patent and un mistakable, and yet the retrenchers re- fused to retrench and our hopes of Judicial reform ended in bitter disap- pointment
 It will be observed that the com pilation made in 1912 did not embrace the city or the law and equity courts or the courts exercising the jurisdic- tion of circuit courts under some oth- CT name. The compilation does con clusively show, however, that there has been an utter lack of system, of care or proper investigation in the estah- lishment of additional courts; that the legislature has been actuated by spirit of great liberality and that the courts they did create simply dupli- cated the work which was then be- ing done by the regular circuit courts We should have sufficient number of judges to dispatch business and SC cure speedy and economical admin istration of justice, but more than that amount is not only unnecessary, but waste of the public moneys
 DEFECTS OF PRESENT SYSTEM
 What. then. are the defects of the present system of organizatio of oul courts? The most fundamental defect tr,t < -x1.- grown up without harmony, unity or scientific arrangement, each legisla- ture creating additional courts, until the present system has become patch work which should be revised and re formed in, the interest both of effi ciency and economy. Each judge is a petty sovereign in his own jurisdic- tion and without power outside of his own restricted territory. He can by consent exchange with other judges and until recently could not be ordered to hold court outside of his own dis trict or territory. He was not state judge, but judge paid by the state with Jurisdiction confined to his own district or territory He should by the express provisions of the constitution possess Jurisdiction coextensive with the territory of the state in every court of similar Jurisdiction. There should be pul OIl6 court III lHe Sldte Ol WnlCH every other court is a branch or divi- sion.
 Under such a system the supreme, appellate and circuit judges, both Tn law and equity, would become not only judges of a circuit or county, but judges in every court of similar jur- isdiction In the state. If the courts in one county should become congested any of the judges supreme, appellate -... Il l. H,.. dispatching it's business. The condi- tions which have so long prevailed IF the state. where some judges were doing too much and some too little, would be ended. and the labors of all capitalized and made uniform by some controlling administrative authority. The judges would not be overwork ed. but would be expected by reasonable service to earn their salaries, and do their full part in the administration of justice
 Another evil of the present system is the absence of any check on the power of the legislature to create ad- ditional courts. whether demanded ii. the interest of the proper administra- tion of the law or not. They are too often influenced by the clamor of spe cial delegations. organized by the as- pirants or their friends, by Hobbies or IHe SelIlSn pledS or SpeCldl interests. There should be some competent au- thority controlled by the chief jus tice as the responsible head of all the courts of the state. assisted by a ju dicial council. to determine when such additional courts are needed before legislative action could be set in mo- tion.
 Another evil is that our code is filled with minute and rigid rules of practice and procedure, created by leg islative statute. frequently varying in each district. with the result that there is deplorable lack of uniform ity, of practice and procedure in the different courts of judicial divisions of the state. which is not only confus- ing, but which leads to waste of time and inefficiency.
 Again, the judges of our supreme and appellate courts are only judges of their respective courts. They should be made the judges of every court in the state of inferior jurisdic- ton. with power therefore to hold any circuit or county court. if their other duties will permit. The chief jus tice of England frequently presides over nisi prius court where the char acter or importance of the case justi- fies his presence. Yet under the laws of Alabama the highest judicial of ficers of the state are denied the right to preside over any court whose jur- isdiction Is inferior to their own Cases of grave importance are frequently tried in the circuit courts. where ques- tions are involved which affect the interests of the entire state, and 1t would lend dignity and weight to the