The Birmingham age-herald., 1923-10-13
WYNN ASKS SMITH FOR APPEAL JUDGE
City Attorney Seeking Way Out Of CIogged Docket Of
 Cases Taken Higher

Urging the assignment of judge to handle the city's appealed cases in the circuit court, City Attorney w. J. Wynn has written Judge c. B. Smith. presiding iurist of the tenth circuit.
 Since the death of the legislative bill. which provided an additional judge, whose duty would have been to give first consideration to city appeal cases. the municipal authori- ties have been seeking approach to relief from another angle. It has been customary heretofore when dockets have been crowded for the chief justice of the supreme court to assign an additional judge. This stance, and is believed will be done if Judge Smith fakes up the matter with Chief Justice J. c. Anderson at Montgomery.
 Letter To Judge Smith.
 The letter of MT. Wynn to Judge Smith is as follows:
 Dear Judge Smith: The addition al judgeship bill, which passed both houses of the legislature. has been allowed to die. It is not my pur- pose to seek to place the blame for the death of this badly needed act. On behalf of the city commission
 
 you to the other judges of the cir cult court for relief.
 q am not unmindful of the fact that the city appeal docket has been given it's pro rata share of time. and in addition you have given this dock ct two special drives each year, as- signing several judges of the civil division, nevertheless l wish to briefly direct your attention to the following Considera tions.
 1. Conditions well-nigh intoler- able. S
 For many years the criminal ap- peal docket has been congested, and with the normal growth of Birming- ham this condition has gone from bad to worse. There has not been an additional judge added to the criminal division in over Is years, while the citys population during that time has more than doubled. It is conservatively estimated that from 75 to 90 per cent of the ap- peals taken from the recorders cour. are taken merely for delay. It is the more the delay gained; and the more delay that can be gained the more appeals are taken.
 '"2. To clear the appeal docket and keep it clear would prove a great time saver to the court.
 l WISH 10 appeal to you, IT 1t is at all possible, to assign a judge regularly to the city appeal docket until this docket is cleared even though it may work temporary hardship on the civil docket. It is evident that once the appeal docket is cleared and the incentive for the great number of appeals removed, it will not require more than half the time that is now given to keep up with the appeal docket. l feel con fident thateif you will try this meth cd you will find it great time saver once this docket is cleared.
 "S. It is impossible for the city to make progress in law enforcement under present conditions.
 You are fully aware of the fact that by reason of the above stated conditions great numbers of guilty persons are enabled to escape all punishment. It is a well recognized fact that it is not so much the se- verity of punishment, but the cer- tainty and ceierty of punishment that deters crime. With the long delay between trial in the recorder'S court and the trial on appeal (from few months to two or three years) the city's witnesses are scattered. are forgotten. so that it is impossible to obtain convictions of those who are clearly guilty.
 For reasons l urge you to grant the city of Birmingham all the re- lief that can possibly be given, in order that the city may go forward in law enforcement Very truly yohrs, ". J. WYNN,
 City attorney