In his third year as a state representative, Rep. Birmingham tackled the controversial subject of capital punishment. He introduced House bill No. 911 to abolish capital punishment as a penalty for the crime of murder. However, the bill did not make it out of committee.
Birmingham also introduced House bill No. 912 providing that juries be permitted to recommend the form of punishment of those found guilty of first degree murder. Again, the bill did not make it out of committee. This would be the fate of many of his bill in a Republican-controlled House.
Also in 1927, Birmingham introduced House bill No. 698, which provided for payment of compensation in cases of industrial accidents when employees are totally incapacitated.