The Birmingham age-herald. [volume], December 06, 1914, EDITORIAL SECTION, Page 34, Image 34

About The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950

Image provided by: University of Alabama Libraries, Tuscaloosa, AL

                
NIGHT LIFE OF PARIS
Montmartre Put to Sleep by
Martial Law
CABARETS ARE CLOSED
“Moulin Rouge” Seems to Have Cone
Blind—“Americans Bars” Almost
Deserted—Theatres, Billiard
and Pool Rooms Closed
Paris. November 20.—(Correspondence of
the Associated Press.)—Montmartre has
been put to sleep by martial law. The
"Butte/* from Batignolles to Belleville,
is plunged in gloom, and to the wakeful
spirits that still haunt the streets and
boulevards it seems as if the light of the
world had gone out. Flickers from thou
sands of bar fronts, until S o'clock strikes,
seem to make a timid effort at revolt,
then go out as if it were no use. The
contest with Gallieni is too unequal. Pop
ular restaurants of the more serious
minded order hold out longer, but the
lights go out at 9:30. Then Montmartre
fades into nothing.
The "Moulin Rouge'* seems to have gone
blind; the enormous wings of its windmill
that for so many years have unceasingly
revolved in a ruddy glow' of electric temp
tation are motionless. The "Moulin de la
Galette,’’ possessed now' by women of the
upper crust, grinds out a daily grist of
soldiers’ socks, hut as soon as the even
ing shadows fall it stands like a ghost of
past glories looking over the anaethetized
joy that lies at its feet.
Cabarets Closely Hidden
The cabarets are closely hidden behind
Iron shutters as if to spare the passer-by
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the pain of regretful memories. “Hell’*
seems to have derided that it cannot com
pete with war. The gates of "Heaven”
are shut until the end of It all mokes
it worth while opening and “Neant,” quite
invisible in the dark shadow of the boule
vard, can only typify what Montmartre
has become.
"The Hat Mort," "The Abbaye” and
kindred institutions whose mission in life
has been to turn night into day, have
shrunk before the task of turning day
into night and have retired like ground
hogs into their winter holes.
If Montmartre is asleep, It is not ab
solutely deserted. Long columns of prorn
enaders walk its streets, after having ex
hausted the last bit of patience of the
military regulations, but they appear to
I have lost their way and not to know
! where they are going. It is a rather mel
ancholy speetade and perhaps the most
l bewildered of all the throng are the deml
mondaines—those that are left—for most
of them have fled the rigors of Gallleni’s
regime.
“Green Hour” No More
The capital as a whole no longer en
joys the animated spectacle of the "green
hour” between 6 and 7 o’clock in the even
ing, when every good Parisian before the
war took his seat at an operi-air table
in front of his favorite cafe on the boule
vards to drink his daily absinthe or other
sharp appetizer.
The tables are still there, but the cus
tomers who remain are forced, since the
prohibition of the sale of absinthe, to
confine their libations to the simple glass
of sherry, mineral water of highly col
ored syrup, sometimes varied by a jog
of light French beer, and there is no or
chestra to while the time away.
Not far from the great central thor
oughfares the "American bars" are al
most deserted and many have closed their
doors until the recurrence of better times.
One well known former American Jockey
has given up his bar for the present and
is serving the Red Cross with his auto
mobile.
The billiard and pool rooms are. for
the most part, dark and unoccupied. Some
which continue to keep open devote part
of their receipts to the various relief
funds.
The amusements most missed are the
theatres and variety halls. For three
months after the mobilization of the army
the only houses where any performance
was given were the "movies.’’ This, how
ever, is to undergo a change, for various
associations of actors and public perform
ers have succeeded in bringing the great
distress among their members to the no
tice of the premier, who has consented to
the reopening of the playhouses. Some
of the more Important will remain closed
until the hours of service of the subways
have been extended till later than 9:30.
Otherwise, in consequence of the paucity
of transport, in the absence of the mo
torbuses and many cabs, the manage
ments would be forced to provide lodging
accommodation for the performers.
Pigeon Flying in Belgium
From the London Chronicle.
Pigeon flying is forbidden in this coun
try Just now, but It is doubtful if even
the horrors of war will keep the Bel
gians from what is their nearest approach
to a national sport. It has been said of
the Belgian workman that he divides his
wages into three parts, one for his family,
one for himself and one for his carrier
pigeons. The extent to which the sport
is practiced may be gathered from the
fact that the railways reap 3,000,000 francs
a year from the carriage of the baskets
In which pigeons are conveyed to and from
the race meetings. Large prizes are of
fered by various clubs, and at a great race
a few years since 100,00 birds competed.
Many Universities Use
I. C. S. Text Books
One hundred and sixty-seven universities, col
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instruction papers of the International Corre
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inference.
Educator* in general find I. C. S. instruction books to be clear,
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Those are the text book* that are furnished to every student
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A savings account with the strong, growing M & M Bank will help you to save,
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Merch aides
Trust Sank
JKO. W. SPARKMAN
W. A. PORTER, President 1905 Second Avenue Asa Cashier if
MOSE LEVY, V. Pres. “Right OH YOUT Way" HENRY L. CHISOLM
AL. c. GARBER, Cashier Asst. Cashier
[random thoughts on some phases of law
By It. L. WILfilAMS
Mechanics and Material Men
There is a flaw in the mechanics lien
law In so far, at least, as the same
applies to those who perform work or
labor, or furnish material of any kind
for improvements on land. There are,
probably, very few owners of land who
would do any act, legal or otherwise,
to defeat the mechanic or material man
of his lien, yet there are some, and a
case has found its way into the books
(Martin vs. Clark, 354 Ala. reports,
page 425) showing the defect in the
law. As is well known, it is provided
by Btatuto that the mechanics’ lien,
after commencement of the work, shall
have priority over all liens, mortgages
or incumbrances subsequently created,
and, as to the building itself, shall
have priority over all existing liens,
mortgages or incumbrances. This seems
well, but in the case referred to it is
decided that if the owner make an
outright sale of the premises after im
provements made and the grantee re
ceives the conveyance and pays out his
money in good faith, without notice,
actual or constructive, of the existence
of the lien given by statute, that such
lien cannot be enforced on the prem
ises, for the reason that the words,
"liens, mortgages or incumbrances’’ as
used in the statute does not include an
outright conveyance. Such a sale might
take place, it seems, after the comple
tion of the work and within tlje time
given by law for the perfection of the
lien, but before the same has been
filed. In such a case the only remedy
which the mechanic would probably
have would be by resort to a court of
equity. The statute should be amended
so as to cure this defect.
Administration of Estates
The law governing administration of
estates should be simplified and the
rights of widows and orphans better
protected. It should be made the im
perative duty of the probate Judges
to see that property exempt to widows
or minors which may be drawn Into
such proceedings shall be set apart to
thetn in every case. The law now
seems to be that if the probate judge
fails to appoint appraisers of an es
tate or to allot exemptions, or if a
widow or the guardian ad litem of
minors fails to claim the exemptions
given by law and the property Is sold
in tlie course of administration, it may
be lost, and the widow or minor, as
the case may be, find themselves with
out even a shelter.
In actual practice, where there are j
only minor heirs of an estate, a guar
dian ad litem is appointed for them.
He is supposed to represent their ev
ery interest and to see that they re
ceive their due. As a matter of fact,
he usually acts in a most perfunctory
way: does not even know or sea the
minors or know what their real Interest
Is, and generally only files an answer
In printed form and nothing more. In
this way estates are dissipated and
great wrong done the helpless.
It would seem where exempt prop
ery is disposed of in the course of ad
ministration, the administrator would
be liable on his bond, but the courts
following a line of decisions, hold that
as a general thing, if an administrator
disposes of exempt property the bond
is not liable on the ground that ex
empt property Is not assets of the es
tate. It Is also held by the courts,
following another line of decisions,
that an administrator’s bond cannot be
sued on until there is a judgment
against the administrator. All these
things go to show the loopholes and
imperfections in the law which can ,
and should be remedied. Every admin
istrator should be made liable on his |
bond and held accountable in this way (
for all property which comes into his |
hands under color of his office. The
duties of guardians ad litem should also
be defined and made imperative. Tt is
contrary to the general policy of the
law and to the spirit of humanity and
benevolence of the exemption lhws es
pecially that widows or minors should
be deprived of their Just due on any
ground whatever.
Uniform Laws
One of the greatest needs of Alabama
today is the enactment of general laws
followed by the repeal of all local laws
whfch may conflict therewith. We now
have general laws, it is true, but we
also have innumerable local laws which
conflict and govern. In Jefferson coun
ty we have a book of local laws. If
the general laws were made full and
complete, bo as to cover each subject
treated, and these local laws repealed,
it can easily be Been the whole law
would be simplified and technicalities
and the frequent miscarriages of jus
tice would be to a great extent avoided.
Verdicts of Juries
Under existing law juries only fix
the punishment In capital cases and in
cases of misdemeanor. In all other
cases where a verdict of guilty is ren
dered the punishment Is fixed by the
court. The question arises, why should
not a Jury in every case where It tries
the issue and renders a verdict of
guilty, not fix the punishment also?
In such a case the facts are all fresh
In the minds of the jury, and it would
seem to be a good judge of the pun
ishment which should be inflicted,
whereas, on the other hand, it may be
some days before the court fixes pun
ishment and in the rush of business and
the trial of many cases the judge may
forget the facts of the case. It would
seem right here that the delicate bal
ances In the scales of justice might be
a little better adjusted.
It is also provided by law that where
a trial by Jury is had in a case of
misdemeanor the judge may add addi
tional punishment to that fixed by the
jury. Does not this provision In reality
nullify the trial by Jury referred to in
the constitution as being one of the in
violable rights of the citizen?
Confession*
Where a crime’ has been committed and
a person is arrested accused of the crime,
i&a witness appear anrl make oath that
tne person accused confessed the crime,
this evidence in connection with proof
that a crime has been in fact commit
ted, will authorize a conviction. This Is
unodubtedly right, but. under existing law
It is held that on appeal In such a case
the supreme court will not review the
question as to whether such a confes
sion was voluntary or brought about
through undue Influence, inducements or
threats, but that it Is discretionary with
the trial courts whether such evidence
is or not admissible. Trial courts are not
Infallible and sometimes make mistakes;
and In view of the fact that evidence
of confessions is of the easiest kind man
ufactured, should not this rule of evidence
he changed? Almost every lawyer of ex
perience has heard evidence of confes
sions given under circumstances tend
ing to arouse suspicion of its genuine
ness.
Witness Fees
For years witnesses have been sum
moned to the criminal courts of Jeffer
son county, and after attendance issued
a certificate for such hardly worth the
price of a night's lodging; yet, they are
compelled to attend often from distant
places and pay their own expenses or be
subject to attachment, fine and imprison
ment for a contempt of court. This con
dition lias naturally caused witnesses to
shirk their duty, and has resulted in many
failures of the courts to uphold the law,
as convictions can only be had on the
evidence of witnesses. This condition is
believed to be due in part to the fee
system flooding the dockets with frivo
lous cases and in part to local laws reg
ulating the fine and forfeiture fund of
the county. These local laws provide
that fines and forfeitures shall he pay
able in money only, thus discounting as
nothing the evidences of debt based on
service held by the witness against the
county. They also provide that the pro
ceeds of the hire of convicts shall be paid
directly to the clerks of the courts and
applied to costs and not into the fine
and forfeiture fund.
As a remedy for this condition it Is
suggested that these local laws be re
pealed; that witness certificates be made
a preferred claim against the fine and
forfeiture fund, and also receivable at
their face value in payment of fines and
forfeitures. The fee system will soon he
abolished, and it is believed that in this
way the matter of the non-payment of
witnesses would soon be righted.
Unconstitutional Law
It will probably he a matter of surprise
to most people to know *hat under the
provisions of the code of Alabama, on
the application of a party interested, any
person may be adjudged insane and com
mitted to an asylum, without notice of
the proceedings or an opportunity to be
heard. This may be done on the tes
timony of two or three witnesses, which
is not reduced to writing. If a person
become temporarily a little unbalanced
and helpless from the use of drink, or
strong drugs inadvertently taken with
out a knowledge of their effect, or from
illness or accident, his enemies by this
secret proceeding are afforded a fine op
portunity to encompass him, and have
been known to take advantage of it.
It may he said that even In such case,
the commitment would not be sustained
as the asylum authorities would not, re
tain the custody of such a person. This
is true, but it sometimes happens that
the very point to be attained is the com
mitment. This is so where the purpose
is malicious, done witJi the intent to
stamp with the stigma of insanity, to
degrade In public estimation—to defame.
Lrlke commitments as this have arisen'
and passed for review before the courts
of 19 states of the union, and also in
the United States courts, and, in each
instance, such commitments have been
held void as violative of the rights guar
anteed by the fourteenth amendment to
the constitution of the United States, as
without due process of law'.
The supreme court in Fifteenth Illinois!
! reports, page 386, in such a case sayri: j
“The statute is silent upon the subject,
of notice, and the question is whether
it is regular to proceed without notice]
to the supposed lunatic. We are clearly,
of the opinion that upon the general prin- !
ciples of law, the supposed lunatic is en- i
titled to reasonable notice. If he be, in
fact, a lunatic, the notice would be un
doubtedly useless, but that is the very!
question to be tried, and until a reg
ular trial Is had, or inquest made, the!
presumption is in favor of his sanity.'
The consequences resulting from the de-j
termination are of the most momentous!
character to the supposed lunatic, both]
personally and pecuniarily, and so long]
as it is possible that a sane man might. |
upon an ex parte examination, be found!
to be insane, every principle of justice
and right requires that he should have
notice and be allowed to make manifest
his sanity, and to refute or explain the
evidence tending to prove the reverse. The
idea is too monstrous to be tolerated for
a moment that the legislature ever In
tended to establish a rule by which se
cret proceedings might be instituted
against any member of the community,
by any party who might be interested
to shut him up in a madhouse, by which
he might be divested of his property and
his liberty without an opportunity of a
struggle on his part. Should such a prin
ciple be sustained, the most sane man
in the state is liable to be surprised
at any moment by finding himself bereft
of his property and on his way to a lun
atic asylum. Such justice as this would
be worthy of that dread tribunal the holy
vehme, whose first notice to its victim
was the execution of its sentence; but
it cannot be tolerated where just and
equal laws prevail and can be enforced.”
It is plain the code of Alabama, in this
respect, should be amended.
Abuse of Process
It is well known to trial judges and
lawyers of experience that legal pro
cess is often abused. This practice is
known to be particularly true of col
ored people, who often cause the is
sue of criminal process when they
have conceived a grievance and have
a desire for revenge against one of
their own race. This is also practiced
by some w'hite people. It should be
made a separate offense, punishable by
imprisonment at hard labor only, for
any person to maliciously cause the is
sue of criminal or civil process where
by any person is arrested or detained
or iri unywise deprived of his liberty;
or to maliciously cause any arrest, with
or without process. Such a provision
in the statute would relieve the coun
ties of the state of the burden of many
frivolous prosecutions and put a quietus
on a great deal of injustice now being
practiced.
Garnishments
The process of garnishment was in
tended to fulfill a good purpose, but
like many other good laws is open
to abuse by the unscrupulous. It is
provided that justices of the peace shall
have jurisdiction in civil cases only
w'here the defendant sued resides in
the precinct of the justice, or w'here the
cause of action arose or the contract
sued on was made in tnat precinct. Not
withstanding this provision of law. it
is the common practice of some per
sons to file numerous garnishment suits
in far outlying precincts in cases
where none of the jurisdictional factB
exist. Iti such a case, the wage earner,
finding his wages held, and not know
ing the location of the justice ^ourt,
is at a loss which way to turn or where
to go for relief. Tn his search he is
usually able to find the plaintiff and
there generally signs waiver notes pro
viding for collector’s fees and costs
of suit, and also assignments of his
wages. Sometimes, in such cases, the
garnishment process is repeated time
and again, and additional fees and costs
accrue; also notices of assignment of
wages is given his employer, and in
this way the wage earner is often sore
ly vexed and harassed, forced to pay
out large sums of money or else into
bankruptcy. Often also by this pro
cedure his family Is made to suffer.
As a remedy for this condition It Is
suggested that in each garnishment suit
instituted before a justice of the peace
the plaintiff be required to make af
fidavit in addition to the affidavit now
required by law that the debtor re
sides. or the contract sued on was
made, or the cause of action arose in
the precinct of the justice from whose
court the garnishment is sought to be
issued, otherwise the levy of such writ,
to be void.
Urgent Need of a Dime
From the Kansas Clt£ Star.
Very black, very small and very much
impressed witli the Importance of her
mission, she stood before the kindly lady
of the house.
“Well, Ophelia?”
“I’s de washerwoman’s little girl and
mommer she say-s please to len’ her a
dime. Se got to payr some bills.
Why?
From the New York Globe. m
Man at Desk—Why do you claim a irom- H
bone player Ik less of a bore than a H
pianist? AH
Man in Chair—He is. because he docsn
get the chance. He doesn’t find a tron\l
bone In every home he visits. |
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Starting tomorrow our
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until Ohristmas.
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