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COMMITTEE URGES SWEEPING CHANGE IN JUDICIAL SYSTEM Report of Legislative Judi cial Committee Read to House REPORT PRESENTED BY CHAIRMAN DAVIS Minority Report Presented by Brind ley, Who Differs Radically From Majority of the Committee By L. S. BETTY Montgomery. July 13.—(Special.) Re" forma of a tar sweeping nature in the judicial system of the state are recom mended in the report of the recess com mittee on the judiciary, which was read in the house today immediately after the assembling of that body. The commit tee’s report was the first business to come up for consideration. Accompanying the report. wrere some GO odd bills prepared bj. the committee for the purpose of putting the suggested reform into efTect. The report was presented to the house by Chairman Davis of the recess commit- j tee. who explained the great efforts his committee had used to secure all sorts of information regarding the courts of the state, and the views from jurists and members of the bar as to needed changes in the state’s judicial system. Summarizing the committee's report rec ommendations were made that ail chan cery, equity and city courts be merged into the circuit court on the first Tues day after the second Monday in January. 1917; that all equity jurisdiction be admin istered in the circuit courts: that the present jury law be simplified and that many other important change* be put into effect. The supreme court, according to the committee’s recommendation, is to bo j given authority to make all rules of practice, and the chief justice of the su preme court Is given authoiity over all. trial judges with power to transfer them lroni one. circuit to another. The Recommendations The committee-s recommendations in full follow: 1. That the chancery court, the system known as law anti equity courts, city courts, with all similar courts, be merged into the circuit court on the first Tuesoay after the Second Monday in January, 191/, the date when the terms of all circuit judges and chancellors will expire. 2. That equity jurisdiction be preserved as a separate system, and he administered in the circuit courts. 3. That all prosecutions for misdemean ors commenced by affidavit be tried in the county or inferior courts without juries; | defendants having the right of appeal to the circuit court. 4. That the time for taking appeals to the supreme court and court of appeals be materially shortened; that divisions In these courts be abolished and cases called | for submission once each month, instead of twice a year. . 5. That the present jury law be simpli fied; the expense incident thereto reduced, and in all criminal cases the state and de fendant be given a equal number ot chal lenges. G. That office of all jury commis sions bc.rfBk vacant on October 1, next, and thv* )ur commission in each county be filled % the commissioners’ court, or board of revenue; selecting one commis sioner to serve for two years; the gov ernor appointing one to serve for four years, and the supreme court naming one to serve for six years; the terms of all thereafter to be six years. 7. That the office of supernumerary Judge he retained. S. That the supreme court be given authority to prescribe rules of practice, forms of indictment, complaints, pleas, bills, answers and processes. 9. That vases be not reversed for railure to give special written charges where the propositions asserted are substantial ly covered by other written charges, or the oral charge of the court. 10. That appeals from municipal courts, inferior courts, and county courts, in criminal matters, be preferred cases in circuit courts. 11. That all judges and solicitors be paid salaries, and after the expiration of pres ent terms solicitors be not allowed to represent public service corporations. 12. That all trial judges be under the - direction of the chief justice of the su f prerr.e court; he having authority, and it being his duty, to require each judge to hold court one month every year out of his territory, and as much longer as may be found advisable. To the end that these changes as well as others which will herein appear, may be accomplished, we have prepared and will cause to be introduced G6 bills, the titles thereof being as follows: Minority Report By HIGH W. ROBERT'S Montgomery. July 13.—(Special.)—One of the features of this first day—and biggest day—of the second part session of the leg islature, was the submission by Repre sentative A. R. Brindley of Etowah, of a minority report from the recess com mittee on judiciary. While that committee has wrestled for months with a gigantic problem, ana in the submission of practically 72 bills, considered its work well done, one o£ its members has publicly declared the task too hastily accomplished, the report frag mentary, radical and revolutionary, and | tile effect, if the report is sustained by tne legislature, a chaotic condition out of •which the state will strive for a long period of years to extricate itself. The minority report created a sensation, for Mr. Brindley declared in effect that the legislature was too sanguine of the ability of the members of the committee to ac complish in several months what the learned throughout a long period of years have endeavored to accomp ish. In ms opinion, no set of men could have per formed the task alloted in the time given, and he urges the legislature to name a commission, of which ghall be members who have served as judges of courts, to sit for four .years and render a report to the legislature in its next regular and quadrennial session. The minority report follows: "To the Legislature of Alabama: As a member of the joint recess committee on the judiciary, I cannot concur in the re port of the majority. This conclusion has been reached after the most deliberate consideration, and is dictatec r»y ootn my judgment and my conscience. I regret the necessity of this course, but the con clusions of the majority are so contrary to my views, and the effect of enacting into law the numerous bills they recom mend would be so disastrous to our ju dicial system that 1 cannot act other " ise. "The conclusions of the majority are expressed in a multitude of bills which will be introduced in the legislature with the recommendation that they be passed. A small number only have my approval, and those I shall support. By far the gieater number of the bills recommended by the majority have been too hastily pre pared and too poorly drawn. Too many of them are mere fragmentary efforts to remedy defects which are theoretical lather than real, and which are incident to any judicial system. Some of them are revolutionary, and if they should be adopted, our judicial system will be thrown into chaos. Such revolutionary changes can, and frequently should, be made. But unless they are made as {part of a complete and uniform system which has been carefully and scientifical ly worked out by members of the bench and bar who are possessed of both ripe experience and mature judgment, their failure is enevitable. Abolish Chancery Court “The majority recommends that the chancery court, together with the vari ous law and equity courts, whether known as city courts or county courts, be abolished or consolidated into the cir cuit court of the respective counties where'er existing, leaving the circuit court with both law and equity jurisdic tion as the only nisi prius court in the several counties of the state. This! Plan is plausible, and if it had been care fully and scientifically worked out as a part of a complete and uniform judicial system, with sufficient machinery to in sure smooth working in alT its depart ments, it would be a consummation de voutly to be wished. But such a system can be worked out only alter the most careful and deliberate study by men who are familiar with ail the details of our present system, who realize its defects and appreciate its excellent features. And it appears to me that any plan for the consolidation of the courts should be presented in one comprehensive bill, as was so admirably accomplished in the federal judicial code. But if more bills than one should be deemed best, then they should be as few as possible, and in every respect' consistent and harmoni ous. Yet the majority of the committee present a number of hills, each of w’hich in effect provides a consolidation of the courts, and no one of which pursues any definite scheme. “Then there is another bill, the title of which is To further .regulate and au thorize the making of equitable defenses and granting relief in actions at law. and to authorize the issuance of injunc tions. restraining orders and other such relief by courts of law.' “1 cannot give my Indorsement to such a measure. It abolishes in part the dis tinction between a court of equity und a court of law, and authorizes law courts to entertain equitable defenses to a lim ited extent. If a law court is to enter tain equitable defenses to a limited ex tent. then there is no reason why it should not entertain all equitable rights, whether by way of defense or for cross relief. If the two bills above referred to should be enacted into law, the result "ill be that a jury must be charged on equitable principles and must render a verdict which passes on equitable rights. My observation and experience convince me that such a change would be danger ous. for equitable rights would usually suffer by the haphazard decisions which too frequently occur in rapid Jury trials. Recommend Another Bill “The majority lias recommended an other bills, the title of which is: *To fur ther regulate practice and 'proceedings in the disposition of cases improperly brought as suits in equity or as suits at law or in the improper court, and to prescribe the manner of disposition of the suits so brought.’ “1 cannot give my approval to such a measure. I am unable to understand their field of operation when considered in connection with the conflicting pro visions of the two other bills relating to equitable defenses which I have quoted, and it would require the pro verbial Philadelphia lawyer to harmon ize the provisions of the three bills “The majority has also recommended a hill to amend section 3115 of the codf. which is too lengthy to quote, but it is an incomplete and fragmentary effort to codify equity pleading of defenses, it is unscientific because it is not part of a carefully studied and complete sys tem. and it is dangerous insofar as it is fragmentary and unscientific. “If the four bills to which I have referred should be enacted into law. they alone are sufficient to throw our ■ whole system of pleading into chaos. I and the result would be confusion worse | c onfounded. They are so uncertain, I awkward and fragmentary that they would be ludicrous If they were not j tragical. Another Bill “Another bill prod' ides that the plain- 1 tiff In any suit at law may state the & B1LTMOR E \ * NEW YORK | Vanderbilt and Madison Aves., 43rd and 44th Sts. ^ 'T'HE largest and latest of American hotels A and the social and business center of thie Is Metropolis. Convenient to everything, and m in the heart of theatre and shopping districts. Jgf 1000 outside rooms. 950 private baths. M Rates from 52.50 per day. Fittingly termed “The trestest hotel success ot Jf>g S »» 'T' _ -e^_ — • Tk. (till rrs nr* i» t ft ki»e MdSr k TO BECOME A FILM ACTRESS Mm. Madeleine Sylvester Doll, of New York, who waa the heroine of a plot uresque elopement two years ago. followed in five months by a Reparation from her husband, Charles B. Doll, has left the city for California, to lie a motion picture actress. The pretty young woman, who Is well known In this city nml on I.oug Island and who has many friends in society, will start with Juvenile parts In some of the productions of the Metro Pictures Corporation and will tal;e part In a celebration the company will have at the Panama-Pacific Expo sltlon July 15. Mrs. Doll and her husband, who is a son of the late Jacob Doll piano mnnufaoturer, were married In June, 1913. following a ‘dare- at a dinner In New Y'ork. same cause of action in more counts than one, not exceeding three, for each cause or form of action, and in each count after the first, must aver that it is the same cause of action as in the first count. It also provides that a defendant in any suit at law may state the same matter of defense in more pleas than one. not exceeding three, for substantially the same defense: and In each plea after the first, must aver that it is the same matter of defense as in the first plea. It provides that a similar rule shall apply to all subse quent pleadings except demurrers, but that the trial court may allow addi itnoal counts, pleas and other plead ings as it may deem necessary, which action of the court shall be reviewable on appeal. It is true that we frequently find too many counts and too many pleas in an action at law, but this bill is an awkward and Incomplete effort to memedy that trouble, and would re suit in making our last state worse than the first. Should that bill be adopted, there will be many instances in which the. trial court will be reversed for ex ercising its discretion in allowing ad ditional counts or pleas to be filed. “The majority recommends that the salary of each circuit judge and su- 1 pernumerary Judge shall be $3000 per annum. They also recom mend that the salary of each circuit solicitor be $2400 per annum and that the office of the county solicitor ere atod for any county under any local act be abolished in January, 1017. The bill relating to solicitors provides that no circuit solicitor or his assistant shall represent public service corpor ations. 1 think it a. mistake to single out one branch of a solicitor’s outside practice and to prohibit him from that branch only. I do not believe that so licitors should represespt either public service corporations trV individuals, but should give their entire time to the state. The proper way would he to prohibit solicitors from practicing law for individuals or corporations of any kind and then pay them adequate sal aries. I doubt the wisdom of limiting the salaries of the circuit judges and supernumerary judge to $3000. I favor economy in public affairs and am op posed to exorbitant salaries for any services, but I believe that Judicial offices should be made more attractive and that we should do everything in our power to provide for a more ef ficient judicial system. I do not be lieve we are pursuing the right policy when we limit judicial salaries to an amount less than that which many of the judges could earn in private life. "The bill relating to soltcitt>rs provides that the office of county solicitor or so lictor for any county created under any local law. be abolished in January, 1917. County solicitors were elected in some counties of the state at the general elec tion in November, 1914. for a term of four years, and the effect of this bill will be to abolish such offices in the middle of the term, which will be a manifest injus tice in a number of instances. A con crete example is afforded in Jefferson county, where a county solicitor was elected in November, 1914, for a term of f(fUr years, and is now discharging his duties In an active and efficient manner. The solicitor of Jefferson county was elected on a direct issue, and if this legis lature should abolish the office in the middle of the term, such action would be inexcusable and Indefensible. Should the office of county solicitor for Jefferson county be abolished during the middle of the term of the present incumbent the county solicitor has no opportunity to pre sent his case to the people who elected I him until two years after he has been re tired from office. • There are other bills recommended by the majority which are subject to criti cism. but 1 shall not here attempt to point them out. I respectfully suggest to the legislature that all hills recom mended by the committee be carefully considered and their provisions thoroughly analyzed before deciding that they are meritorious." AMATEUR SHOTS AT BRACEWOOD Some good scores have been made by amateur shooters out at BraceWpod, the country home of E. VV. Barrett, on Shades mountain, during the past few weeks. Those taking part every Tuesday after noon shoot elay pigeons from the bluff of the mountain, which makes an ideal place. Many of the men taking part are just learning and all are amateurs. Among those who have so far participated in these "Bracewond Qun club" affairs are: George Gordon ('rawford, E. W. Barrett. H. C. Ryding. Warner Shook. Gentry Hillman. J. T. Fletcher, Ross C. Smith. Dr. George Stuhhs. Dr. Alf Walker, Dr. tV. M. Jordan. H.'JST. Roberts. Some of the best scores yet made were those yesterday, when out of 100 shots the following hits were made: Gentry Hillman 94. H. C. Ryding 86. Warner Shook Si, E. W. Barrett ~,i. IACK NESS BREAKS A WORLD’S RECORD Oakland First Baseman Hits Safely in 41 Con secutive Games San Francisco, July 13.—Jack Ness, first baseman of the Oakland team of the Pacific Coast league, broke a world's record in lining out a hit in his forty-first consecutive game today. The previous record of hits in 4u games was held by Ty Cobb. In 41 games Ness madu 70 hits. He leads the coast players with a bat ting average of 387 for 97 games in which he made 62 runs and 141 base f hits, four being three baggers and 10 home runs. Ness formerly played with Detroit. NATIONAL LEAGUE STANDING Played. Won. Lost. Prt. Philadelphia . 72 39 33 .342 Chicago . 74 40 34 .541 Brooklyn . 71 38 33 . 635 St. Louie . 77 41 38 .532 Pittsburg . 74 38 38 . 514 New York . 69 33 36 .478 Cincinnati . 69 32 37 . 464 Boston . 76 33 43 . 434 Reds Win Brooklyn. July 13.—Cincinnati broke Brooklyn's winning streak today, winning a pitchers' battle between Schneider and Pfcffer by 6 to 1. The Brooklyn defense went to smash at a critical period, errors helping the Reds to most of their runs. Groh’s triple and Wheat's error scored the first run and four hits with a wild throw by Miller gave the visitors three runs in the third. Three hits scored K.I1 llfer in the eight. Score: R. il. E. Cincinnati . 013 000 010—6 9 0 Brooklyn . 000 00U 100—1 6 3 Batteries. Schneider and Wlngo; Pfcf fer and Miller. Marquard Downs Cubs New York, July 13—New York won an uphill fight against Chicago, and pulled the Cubs out of the lead by beating them, 4 to 3. y The Giants made only thiee hits off Humphries until the eighth inning. In the ninth inning the visitors faltered badly I and with bases filled, Bralnard, a pinch hitter, drove in two runs, winning the < game. Dooin of New York was ordered I off the field for protesting a decision, j Score: R. H. E. I Chicago . 000 100 110-3 9 2 New York . 000 000 022—4 7 3 Batteries: Humphries and Archer; Mar quard, Ritter and Dooin. Meyers. Wen dell. Phillies in First Place Philadelphia. July 13.—By winning to day's gave from St. Bouis, 8 to 0, while Chicago was being defeated by New York, Philadelphia today went into first place in the National league race. The home team hit the deliveries of Griner and Nie iiaus very hard, while Alexander kept the six safeties of his opponents scattered. No St. Bouis runner got past second base and only two got that far. Score: R. H. E. St. Bouis . 000 000 000—0 6 1 Philadelphia . 100 400 30*-8 14 0 Batteries: Griner, Niehaus and Snyder, Roche; Alexander and Klllifer, Adams. Braves Win One Boston, July 13.—Pittsburg took the first game of today’s double header. 3 to 1, and Boston the second, 7 to 6. The Pitts burg victory was won in the/eighth when Boston bunched three errors and these were followed by a Sacrifice hit, a sacri fice fly and a single. Boston had a big lead when the ninth inning of the second game began. Davis having held Pittsburg to two singles up to that time. The pitcher relaxed and almost before he knew It a bunching of hits gave the visitors five runs. With two out and two on bases Davis was taken out and Hinchman ended the inning with a pop fly to Schmidt. Scores—First game; R H E Pittsburg .ODD 000 0*0—I S 1 Boston . 000 000 010—1 2 i Batteries: Kantlehner and Olbson; Ra gan. Hughea and dowdy. . Second game: R.H.E. Pittsburg . 000 000 106—6 8 £ Boston ._.. 100 101 13*-7 10 ! Batteries: Harmon and Bchang; Davis, Hughes and Gowdy. Modest Pa i From the Detroit Free Praaa. "Pa. what Is an ideal?" "It's what your mother thought she married when she got me." OWENT0N COLLEGE j WINS DOUBLE SILL _ I Pitching of Walton Easily the Feature of Both Games Gilman. HI., July 13.—(Special.)—In an ’ uninteresting game from start to finish the Gilman team were defeated by the Blrmlnghamh boys by the score of 12 to 3. The game was very one sided. Every player on the college team got at least one hit. while Walton of Birmingham kept the Gilman batters guessing. He struck out 15 men and allowed but five hits. S Ware. Norton, and Neil did good work with the stick. Score: K.H.E Birmingham college .. 300 hi 030—12 17 2 Gilman . 010 000 002— 3 5 4 | Batteries: Walton, F. Ware. McCartey and Sloan. Second game: This game was much more interesting than the first. GMman seemed to realise that she had a tough proposition to beat the southern players. Leslie pitched the first four ihnings for Birmingham, but was relieved in the fourth by Walton when Gilman had a lead of two runs. Walton again showed his superiority by holding them. The base running of Davenport and the hit ting of Norton made them the stars of the game. Carson of Gilman pitched well for five Innings when the Collegian^ found him. Score: U.H.E Birmingham College ..020 002 011—6 8 1 Gilman . 001 300 OoO—4 5 1 Batteries; Leslie. Walton and E. Ware. Carson and Sloan. Empire, Graham. THE THREE RECESS COMMITTEES PAID $8474.26 BY STATE (Continued from Cage One) Ing been obtained from the office of the auditor: Finance and Taxation Members. Per Diem. Mileage. Weakley .$ 212.00 $ 19.20 Bradshaw . 228.00 46.60 Fite . 104.00 40.00 Key . 148.00 42.60 Yarbrough . 196.00 12.20 Ti.nstall . 148.00 20.40 Hartwell . 204.00 37.00 Bell . 116.00 29.60 Clerks . 192.00 . Total .$1548.00 $247.60 Judiciary Members. Per Diem. Mileage. Carmichael . $ 68.*>o $ 45.60 Brindley . 308.00 32.00 Davis . 248.00 27.40 Lusk . 320.00 37.20 John . 360.00 10.00 Leo . 348.00 32.20 Milner . 280.00 41.60 Flack well . 288.00 30.00 Thompson . 336.00 31.00 Clerks ... . 356.00 . •Miss Collins . 114.00 . Total .*3026.00 $ 276.80 •Stenographer. Investigation Members. Per Diem Mileage. Merritt .$ 372.00 $ 9.00 Ward . 172.00 28.SO Bonner . 262.00 23.00 Welsh . 324.0*) 19.20 McCain . 332.0*) 28.40 Denson . 312.00 28.10 Smith . 248.00 10.40 Greene . 412.0<i 10.00 •W. B. Orr . 446.00 . •*B. Abraham . 348.66 . Total .$3218.66 $ 157.20 •Stenographer. ••Detective. Summary: Finance committee . $1795.00 Judiciary committee . 3302.80 Investigating . 3375.86 Total .$S474.28 SOLONS ADJOURN ! UNTIL SATURDAY; TWO BUSY SESSIONS (Continued from l*nse (Inel | thorialng the recess committees to con tinue In session until their labors shall be completed Although all of the three committees submitted reports to the legis lature setting forth their labors during the pas tfour months, none of the com mittees had really completed the tasks as signed them, and, ss*a result, they were given additional time. Practically all of the hills introduced In the senate and house were lmsed on rec ommendations made by the three recess committees, while a few were offered by members not on any of the committees. Senator Judge of Jefferson offered sev eral measures affecting his county, the principal nf which provides that the sher iff be placed on a salary basis Immedi ately. The bill further provides that all moneys taxable and collected as fees, charges and commissions of sheriffs be paid Into the county treasury, and creat ing a separate fund to be designated as the sheriff's fund Bill Introduced Another hill introduced by Senator Judge seeks to regulate Are Insurance companies and rate making bureaus, to , prevent discriminations In rates, and pro viding methods for the enforcement of the act. A third bill would require the clerk of the supreme court and the clerk : nf the court of appeals to give notice to ; attorneys of recording a cause w hen a de cision thereon is rendered In either court. Senator Denson of Eutaw Introduced a bill allowing convicts to work on county roads Immediately. This bill is somewhat In line with the suggestion of the investi gating committee, to the efTect that con victs he placed on the roads in 1918. The Denson bill provides that counties shall have the option of working them imme diately. ' Senator Bnnner Introduced another Sun day baseball hill. This bill was accorn pau.rtl b> a petition for its passage signed by ministers of the Birmingham dis trict. The bil seeks to prohibit Sunday baseball, the operation of moving pic ture show s, and other amr-entente on the Sabbath day. The Wilcox senator made valiant ef forts to pass a similar measure at the last session of the legislator' * It was defeated. Other Important measures introduced In : the senate were as follows: My Mr. Kline—To require the courts of county commissioners and boards of rev enuo of the several counties of the state to prepare and publish a budget of estl ' mated receipts and disbursements before the beginning of each year.—Committee 1 on judiciary. 1 Also—To amend an act entitled, an act 1 to authorise courts of county commis sioners or boards of revenue of any coun ty in which the state or federal authorl ’ tien shall take or have taken up the work of farm demonstration or the or 1 g&nisatlon of farm life clubs to approprl : ate funde for aiding In such work.—Com mittee on revision of lawa. 1 Alao—To declare a lien In favor of keep 9 era, owners or proprietors of public gar ' agea, for charges for storage and repalri of automobiles. motorcycles, motoi ; trucks and motor vehicles.—Committee or * revision of laws. 9 Also—For the relief of public ware > houses In all cases In which they ehal have received and delivered propertj subject to mortgage or lien without actus notice of such mortgage or Hen.—Commit tee on judiciary. Alao—To require all county officers wht > receive, fees or coats to file statemeni showing the amount of lass and costa col. In Or<l«*rlnar I'Iphhp MpntWm '1*1110 KiF-HF.R VI.D lected.by him, and fixing penalty for fail ure to file same.—Committee on Judiciary. By Mr. Wallace To make preferred sheriffs’ and clerks’ costs In all criminal cases in all the counties of the state where the convicts are being worked oif the public highways, and to make pre ferred the claims for feeding, clothing and guarding said convicts while being worked upon the public highways of the various counties In the state.—Committee on judiciary. By Mr. Bonner (by request)—To pro vide for the purchase of blank hooks, sta tionery and office supplies and material* for use In and by the several state of fices, departments, commissions, bureaus and hoards, other than the convict de partments, and for the use of the su preme court, the court of appeals and the state and supreme court library.—Com mittee on finance and taxation. By Mr. Bonner (hv request)—To prohibit officers or employes of the state from I taking trips outside of the state at the (state’s expense, without first making nf | lldavlt and securing the written approval ] of the governor.—Committee on finance (and taxation. By Mr. Bonner (by request)—To pro hibit state, county and municipal offi cials or employes thereof from accept ing,transportation money, or any kind of gift from any Individual, firm or corpora tion offering for sale any articles of any kind which arc the subject of purchase by the state, or any county or munici pality, or from any Individual, firm or corporation which has any contract of any kind with the state, county br muni clpallty, and to fix punishment for vio lation of this act.-Committee on finance and taxation. By Mr. Bulger -To authorize and em power state hanks, savings hanks and trust companies organized under the laws of the state of Ataoama. to subscribe for stock and become members of the fed eral reserve hank, authorized under a«'t of Congress adopted December 28, 1913.— Committee on banking and insurance. Also To abolish the Jury commission of Tallapoosa county and to require the court of county commissioners of said county to perform all the ditties required by law of said jury commission.—Commit tee on local legislation. Also—To provide that one-fourth of the annual revenue of the town ot Dadeville front licenses and taxes shall he used for the maintenance of its public schools; that the unusued portion of same shall be transferred to the general fund on the first day of July of each year, and to pro vide what expenses of the public schools shall •>*' pfttd nut of the pet ttool fun-1 'Committee on local legislation. Smith Gels Release New York, July 13. Harry Smith, catcher for the New York Nationals, was given hi- unconditional release to day. Smith balked when the Giant management attempted to send him io the Rochester Internationals and asked for his release, which was given him. Smith came here last season from Savannah of the South Atlantic league.