The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1918-05-19

Judge John Mcqueen of the municipal
court, before whom number of per-
sons arrested for violating the Sunday
law were tried and the cases dismissed
on payment of costs, makes reply. to the
from the conclusions OF Solicitor Tate
in reference to the enforcement of Blue"
Sunday laws. Judge Mcqueen differs
from the conclusions of solicitor Tate
that custom makes the law, but states
he will not try any more cases of this
kind until the grand jury makes inyes-
tigation and reports He also makes
statement regarding the double arrests
of persons charged with Sunday viola
lions. Judge McQueens statement fol-
lows:
The law inhibiting the sale of merchan-
disc on Sunday has been on the statute
books for many years, and has been
sporadically enforced. 1t is not the
province of the trial judges to write the
law, or to comment upon it's merits or
dement's, but it is their strict duty to
interpret and enforce the law. I cannot
follow the solicitor in his statement that
custom makes the law Followed to its
legitimate conclusion custom then would
warrant the commission of any offense,
and if the community happened to be a
bad community no law whatever would
be enforced.
In it's humane policy the law often
leaves with the judge the power and
duty to determine the degree of punish
ment when a violation has been con-
clusively shown, and it is highly proper
that in fixing the punishment to be melted
out to the offender the good or bad faith
of the offender, and the question as
to whether or not the offense was COM
mitted, in following we'll known Gus
tom, should be taken into consideration.
NOT STRICTLY ENFORCED
Many cases were brought before me
this week, in which the charge was
violation of the Sunday statute, and
knowing that for long time this statute
had not been strictly enforced, adopted
the policy of dismissing the defendants
without the payment. of fine or the in
Fiction of other punishment, warming
them that in the event they were brought
before me second time on this charge
that the maximum punishment would be-
inflicted.
/ do not feel called upon to an
nounce any established policy for the
conduct of affairs in my court. and.
in fact. believe such q course would be
improper. The court does not initiate
the proceedings, but it Is the bounden
duty of the court to issue warrant
in any case. which is properly brought
before It,, and when, the alleged Of
fender is brought to the bar, the court
must decide the case on its merits.
l had nothing, whatsoever, to do with
the, initiation of these prosecutions,
and simply signed the warrantssin the
due course of the performance OF my
duty, although q am frank to say
that numerous complaints had been
made of violations of this character,
especially since the closing Of picture
shows on Sunday 81. NJ. .ss IA h
WILL NOT TRY CASES
AS the grand Jury is n. session. and
the solicitor has filed a formal mo-
ton that all pending ceases be trans
ferred to the grand jury, do not IN
tend to try any new cases until the is
sue of the enforcement. of the blue
laws is settled III did not grant the
motion OF the solicitor toy transfer the
cases pending before me- to the srani
Jury. as un0ers tne slNWt uly CouFl nag
final jurisdiction However as The
solicitor is. charged with sthe enforce
ment of the law. and with the prose-
.cution Of pending cases, not only In
the circuitAcourt but in the municipal
court. i will. of course. recognixs any
policy that his office shall ADOPT In,
other words. II the solicitor as q pros
ecuting officer ofssJefferson county.
should desire to enter i pol prosseds'
in any criminal case pending in ny
court. his authority u i'll be aaeknoyes- Z
edged in like manner as It is acknowl-,
edged in the circuit and municipal;
courts. s9 NJ ss9 WI IN n s S
INITIATING PROSECUTIONS
81 I do not, spropose. to be actiye in ini-
tiating prosecutions under this or any
other law, but deem it my edutys III
docket and frye every case brought
into my court under due and propcr
process of law The solicitor has
adopted the attitude that the phi lic do
not desire the enforcement Of the Suns
day law. However. the only expression
OF the people at the poles Of recent
date would indicate, that a majority
OF the voters are in favor Of strict
observance of the Sabbath, and Il nas
reiterate, however. that the wish of the
majority Of the community cannot
override the established slaw Of the
land. do notsknow whatscourse other