The Birmingham age-herald., 1922-03-22

of judges, and that there is no chance for the two judges now sit ting in the court to try the cases coming into the court.
 1t is a fact that, many years ago, one of these judges was added to the criminal court, and, since which time, the judges in the civil division have been threbled, thereby making splendid opportunities for the trial of civil cases, but that the criminal division has been greatly handi- capped, and that, unless. somethirg is done for the trial of the cases where people are charged with crime. the situation in this county will become unbearable.
 Notwithstanding the fact that since the increase in judges for the trial of the criminal cases, that the automobiles have come in great num- bers, with which the people violate the law, that prohibition has come. and that this law is violated with impunity and numerous other laws have been created, and, of course, are being violated, And, in addition to these, the city appeal cases have in- creased to such an enormous extent that it requires more than one- fourth of the time of the two judges now in the criminal division for the trial of the city appeal cases.
 Judgeship at City Hall
 We recommend. first, the enact ment of law creating a judgship at the city hall, to which all appeal cases from the Recorders court shall be tried; and that 1t be provided that an appeal may He direct from said court to the court of appeals; that said court be provided with a jury, clerk, and that all process be served by the police force.
 We think it manifestly unfair that more than one-fourth of the time of the circuit judges, the clerks force in the circuit court, and the sherifts force, should be consumed in the preparation and trial of city appeal cases. We think it is unfair to the taxpayers who live outside of the city of Birmingham.
 We further recommend that sui ficient number of circuit judges be added in the criminal division to guarantee to the people, and to de- fendants who commit crime, speedy trial in all cases.
 We find that a great number of cases are rendered untriable because of delay. and that this has been bad in this way in the past, and that it must, of necessity, grow worse, as the number of cases are increas- ing very fast upon the criminal docket We find that one week is consumed out of each month for the trial of capital cases, and that this is inadequate and is not sufficient for the trial of these cases.
 We find that one week or more is consumed in the trial of city appeal cases and that this is inadequate for that purpose. leaving only from one to three weeks out of each month for the trial of all other kinds of cases, and which is totally made quate: and that it is matter of im- possibility for the law to be en- forced unless the cases are tried.
 Want Two Judges
 We. therefore, recommend the ad- dition of two more judges in the criminal division. There can be no doubt but that 1t is the speedy trial and the certainty of punishment that causes criminal to be deterred 1t is the certainty that he will forth with be tried and. if guilty, pun ished. that will deter him from the commission of a crime
 Change Jury Law
 We further recommend that the jury law be changed from the present law 10 a law patterned after the federal jury law. or the old jury law eAioA oiu tNtSl III lillS COuHlNs so far as the selection of the jury is concerned, after the jury has been organized, that the striking system as it exists at present be done away with, and that the state and the de- fendAnt be required to excuse jurors fros the jury box, allowing each the right to excuse six.
 We further recommend that a jury box be provided for the criminal division of the circuit court, so that the people may be called upon to serve in the criminal division who otherwise might live in the county for years and years without an op- portunity to serve in the criminal division of the court, thereby taking part in the enforcement of the law and the government of the people.
 Innocent Amusement
 We are of the opinion that the peo- pie should have more innocent amusement and favor the city of Bir- mingham building an auditorium Of sufficient size to enable large num- bers of our citizens to meet and work together for the best interests of all.
 We find that Solicitor Joseph F. Tate conducts his office in a splendid manner and is always anxious 10 expedite business. We also desire to commend MT. R. D. Algee, shorthand reporter for the grand iury as hc