The Birmingham age-herald., 1904-07-21
CONNECTS MUST
 LEAVE NO. 3 MINE Governor and Convict Board Reach This Conclusion WHEN FREE LABOR IS READY State convicts Will Be Taken Out Whenever the Free Labor Men
 Are Ready to Return-other
 Montgomery News.
WHEN FREE LABOR IS READY
BY HERvEY w. LAIRD.

Montgomery, July 20.--(Speeial. )-Acting Governor Cunningham says that as soon as free labor gets ready to return to work in No 8. Pratt City, the state convicts must move out. Until that time the state will allow them to remain.
 This decision has also been reached by the state convict board after a long ses- sion held today. The governor and the convict board are in perfect accord in the matter Both give out statements show ing their positions in the matter.
 It is pointed out in both statements that it is the desire to equitably distribute the convict competition with free labor, and that only certain per cent of the con victs will be allowed to do mine work.
 It is also shown that t..e state has no authority to remove or locate county con victs, and can not say to any company what it shall ds with that class of men.
 What the Governor Says.
 The free text of the statement issued by Acting Governor cunningham today follows;
 Tn administering the convict system of the state, the purpose of the administra- tion is:
 "1. To make an equitable distribution of the competition with free labor in the employment of the convicts of the state, and
 
 operators, shall as nearly as possible be the beneficiary of the products of their labor
 There Is, therefore. a limit upon the number of convicts assigned to the min ing of coal being about one-third of the state convicts. Most of these are ployed by the state itself in the mining of coal for the Tennessee Coal, Iron and Railroad company in Slope No. 10, for which ha Ca mn naT ton for coal delivered on the tippe and for the Sloss- Sheffield Steel and Iron company at Flat Top, for which much Is paid per ton for coal put in the tram cars down in the mines, the state being entirely responsible and standing the en- tire expense of the management and maintenance of the convicts
 Additional Contract.
 'In addition to this, the Tennessee Coal, Iron and Railroad company has a con- tract wi the state for not less an 50 nor more than 15O convicts for which they pay the state so much per class, the state, however being entirely responsible for the maintenance and management of these convicts. This contract with the Tennes- see company permits thar company to work the convicts under this contract at Slope No. or at some other mine in the vicinity thereof, in the county of Jef- ferson, the state agreeing upon it's part to deliver these eonvicts at the mouth of the mine
 Tt will be observed, therefore, that the contract with the state permits the Ten nessee company to work the eonvicts, un- der this contract at other places than at Slope No. ?. It does not follow, how ever, that the state does not have the right to object to this, provided 1t is diff ficult or inconyenient for the state to deliver the convicts at the mouth of the mine; or if for any reason, it should be an injury to the state or to the health of the convicts.
 Duty of the State.
 'In my opinion, it is the duty of the state to consider the interests of free labor and of property interests dependent upon the operation of coal mines in the distribution of it's convicts. In other words, to allow the transfer of convicts from a mine set apart as suen to another mine which is operated by free labor could not be done for any other reason than the interest of the state.
 .'But if the mine operated by free min- CTS is idle for want of free labor, 1t does not appear to be an injustice either to free labor or to the property interests to allow an operator who has contract with the state for a certain number Of convicts to employ these conyicts in such a mine during the suspension of work by free labor, because the mine Is idle, and, therefore, no free labor is displaced and property interest dependent upon the ops eration of the mine by free labor would not be injured.
 convicts Must Come Out.
 Tt has, therefore, been determined that so soon as there is an adjustment be" tween the Tennessee company and It's miners--in other words, so soon as free labor wants No. 3 mine-the state will re- move the state convcts from that mine, to return them to the mine heretofore | operated by them.
 "As to the county convicts, neither the l governor nor the board of inspectors has | any authority in the hire or place or manner of their work, other than that | of general supervision when hired out of the county In case the board Of in- | spectors should find conditions which, in | their judgment, were injurious to the health or lives of the county convicts 1t is their duty to report this fact to the | governor, when 1t would become the gov ernors duty to report the matter 10 the probate judge, that the place at which ! they are worked might be changed or the | contract nnnulled.
 Tt will thus be seen that the Tennes- see company can transfer it's county con yicts from one mine to another without | consulting either the board of inspectors | or the governor, and if such a mine is | not injurious to the health and lives of | the convicts, and being properly treated, | neither the board of inspectors nor the | governor has any authority in the prem ises.
 Tt is the purpose of the present ad- ministration not to allow any increase in | the number Of state conyicts now em- ployed in mine labor. but will simply keep up the percentage assigned to that labor.
 Tn the administration of the convict system no hardship should be imposed l upon any class of citizens other than that which necessarily inhere in the state pro- tecting its own interest, and 1t should not use It's convicts for the purpose of aiding either side in a capital-and-labor controversy
 Council Board.
 Regarding the Pratt City mine and convict situation, the following statement