The Birmingham age-herald., 1922-06-17

L lAZm5 er... ', before the adjournment of the pre- ceding grand jury, but that the mat ter was not in shape for presenta tion. and was therefore deferred for action by this grand jury; that this was long before the bond issue, which was submitted was ever heard of or promulgated; that the investigation was not held by this grand jury fer the purpose of defeating bond s- sue, because 1t arose before any bond issue did arise. and that matters and things investigated. discussed and re- ported, were totally independent in both thought and action as to whether there was or whether there was not l campaign on or about to come on for a bond issue, or for any othcr purpose; but what was done was done solely In view of trying to un- cover and to show to the people of this city an alleged corruption on the part of certain subordinate officials And we do now say, under our sol- cmn oaths, that these subordinate of 1 ficials, in our opinion and honest 1 judgment, are just as guilty of the matters reported upon as any person indicted by this grand jury but on Il viding for the acceptance of bribe, by officials of this class. we cannot prefer indictments.
 Tt is this kind of open and mo- torious defiance to constituted au- thority, such as improper editorials published in the press, communica- tions from these commissioners. pub lished In the press, that aids in and contributes to the disregard and open defiance of the law and to con- stituted and delegated officials whose sworn duty it is to enforce it. We would appeal to the citizens of this county, especially to the press, that every effort be put forth to over come and destroy the present atti- tude of resentment towards the en- forcement of our laws, and especial ly towards the officers who are earnestly endeavoring to do their sworn duty. We desire to recom- mend to the next legislature that the entire statutes, relating to bribery, be remodeled and re-enacted so that the statutes will provide for punish ment for bribery of any official, state or the smallest and most in significant employe of the state county or of municipality.
 
 "We. the grand Jury, without de- tracting from what has been said by former grand juries as to the con d:tion of the docket of the criminal i division of the circuit court of this county, do hereby report that we 1 have made investigations in this re- | gard, and find that there are now on | the docket about 2,600 cases; and the court will soon recess for the sum
 
 | there will be on the criminal docket, at the opening of court in the fall approximately $500 cases.
 We find that cases have to be | passed because they are unreached, | and because the two judges sitting | in this division are unable to try them. and that. during the four weeks last passed, there were aS6 cases passed to other days or to ether times from the days on which they were set for trial and the es- | timation Is made by an assistant clerk that this alone cost the county ss.s6o. not including in this estimate mileage for the witnesses. We think 1t Is very safe to say that we are l losing at least, In actual money paid out to witnesses, and in loss of fines and costs, because of the delay in try | ing cases, at least s6,000 a month. more than enough money to pay a l Judges salary for an entire years service on the bench. There is no economy in the present plan of try | ing to dispose of the cases set for trial in the criminal division of our court. The economy would be in hav- ing enough Judges on the bench in | the. criminal division of the circuit court to try and dispose of the cases as they arise, to say nothing of the | thousands of dollars worth of time lost on the part of witnesses in at tending court on the various days of the setting of cases in which such witnesses are called. We find that | hundreds of cases are being lost be- cause they are not tried within a reasonable time after the defendants are apprehended.
 "The state and the defendants alike are entitled to a fair, speedy, and public trial, and. to that end, we believe that enough judges should be called into service to try all mis- demeanor cases within from 10 to 20 cays after arrests, all non-capital felony cases from 20 to 40 days after arrest, and all felony cases from 20 to SO days after arrests. We recom- mend that a new jury law be en- acted. patterned after the federal Jury law anu the OlQ law that we once had for Jefferson county, so far as the selection of jurors for trial of cases is concerned, eliminating the present unfair. tlme-killing striking system. We would recommend to the next legislature that the consolidated court bill be so amended as to pro- vide for an adequate number of Judges to sit in the criminal division of the circuit court of this county. in order that the criminal cases may be tried promptly.
 We are of the opinion, first, that 1t Is the delay in the trial of cases; second, that 1t Is the passing of un- popular laws; and, third, that 1t Is the sentiment of the public against officers. that have brought the law and law enforcement into disrepute among the people. It Is very de- piorable to see the attitude of the people generally towards those whom they have chosen to be their ser wants. who have been sworn, and who are bound by their solemn oaths to enforce all laws, when they are abused and held In disregard, and who fail to receive the hearty CO., operation and support of the people