The Birmingham age-herald., 1920-11-29

crime and the solicitor should nc and sentences for pleas of guilt The press of the past few days has been filled with a discussion of the con dltions prevailing in this district rela- tive to the enforcement of law. We are being advised by certain of our city Fathers to organize a citizen constabu- lary for the protection of those who are forced by circumstances to approach their domicile after the shades of night have fallen, Our solicitor has issued bulletin of instructions on how to avoid the criminal and has advised us to Keep our hands on our pocketbooks and remain indoors after dark. Citizens have joined in the discussion until it appears that it is open season for a dis cussion of the subject. I therefore deem it appropriate to join in the chorus in an effort to arrive at a solu- tion for alleged conditions.
 The correction of conditions in a large measure is in the hands of the Judiciary of Jefferson county In say ing this l have no intention or desire to criticise any judge unduly Some of
 
 Celerity and certainty of punishment are the backbone of the criminal law Time is the greatest criminal lawyer that experience has developed. Delay is more valuable to defendant than multitude of witnesses A continuance is usually victory for the defense
 CASES NOLLE PROSSED
 In this district cases frequently have to be nolle pressed when called for trial 50 or 60 days from the date of the crime, because witnesses have moved or found employment in a different place With large floating population like we have at present. there can be no adequate enforcement of law here until arrangements are made to place the prisoner on trial in not less than 10 days from the date the crime was com m1t1ted, no matter what the crime may be. It should be easier for a camel to go through the eye of a needle than for defendant to get continuance in a criminal case.
 At least two judges should be
 transferred from the civil docket
 md put to trying criminal cases
 They should be kept at it until the
 docket is cleared of criminal
 cases. Civil cases can wait. If
 civil case Is never tried, society as
 whole will receive greater bene-
 lit from prompt enforcement of
 the criminal law than if the en-
 forcement of the criminal law is aI-
 lowed to lag while the civil side
 Erfnds out cOmmendabIe amount
 of business. There ought never to
 he more than two yveeks' business
 ahcad of the criminal division of
 the court.
 When it is known that a law viola tor must stand trial within 10 days after the alleged commission of the of- fense there will be a material decrease in the number of criminal cases on the docket and in short time the civil division will be enabled to resume it's normal activities.
 MORE COURTS NEEDED
 There are at least six judges in the state of Alabama presiding over other small circuits who could be assigned for duty here in the near future by the chief justice if proper facilities are pro- vided by the board of revenue for hold ing court, Those facilities should be provided and the Judges brought here and the criminal docket cleaned up to such extent that the judges of the criminal division would be waiting for a case. The board will have to rent quarters somewhere to hold court. There is no room in the courthouse. but I am satisfied that arrangements can be made and the accumulated cases on the docket disposed of
 There are approximately 1,500 cases in the criminal division at present. This accumuiation is an insurmountabe oh- stacle to the enforcement of law in this county, without outside assistance or t change in the way the matter is now being handled Time and experience have demonstrated that.
 With two judges trying criminal cases and six trying civil cases, crimi- nal cases are sometimes delayed because the lawyer representing the defendant is gagged in the trial of a civil case. This is fatal to the state in many in stances. One week per month should be set aside as a criminal week, when every division of the court should try criminal cases exclusively. This would give lawyers engaged mostly in civil practice time to catch up with their work expedite the trial of criminal cases. and avoid many conflicts be-