The Montgomery advertiser., 1906-07-07
MOBILE WILL GET CONNECTS County Wins Its Conten-
 ton in Court. COURT REvoKEs A CONTRACT Steel Company Must Turn Over
 the Prisoners. Supreme Court Holds That Probate Judges, Under Certain Conditions May Sever A~reements--The
 Ossie Case.

The Probate Judge and Board of Commissioners of Mobile county won their contention yesterday that they are empowered under the law to re- convicts when the prisoners are iii- treated and when 1t Is discovered that the bond of the lesses is insufficient.
 After litigation running over several cision yesterday by Mr. Justice Tyson, held with the Mobile officials and against the Sloss- -Sheffield Steel and Iron Company of Jefferson county. The Mobile convicts leased to the sloss- Sheffield Company are remanded to the custody of the authorities of the coun- ty. while the decision of the judge of the Criminal Court of Jefferson coun- ty refusing a writ Of habeas corpus Is reversed.
 Some time ago a report reached Mo- bile of the illtreatment by employees or the Sloss- -ShefIleld Company of pris- oners leased to that company by the Commissioners of Mobile county. The County Physician of Mobile county went to Jefferson county and investi- gated these reports. He returned home and submitted statement showing Q bad condition of affairs at the camp of the Sloss- Sheffield Company. Probate Judge Price Williams of Mobile county. acting In accord with the County Commissioners, sought to revoke the contract. The Sioss-Shefield Com pany 
 revocation of the contract.
 Made a Test Case.
 To test the matter writ of habeas corpus was sued out before the judge of the criminal court of Jefferson coun- ty in the name of Charles Ossie. a pris- oner sentenced to hard labor from Mo- bile county and leased to the Sloss- shefield Company, The petition for that Probate Judge Williams of Mobile county had found that the bond of the contracting company, which it was required to give for faithful perform county of Mobile. was insuf1cient. Ii was further shown that the convicts from Mobile county were inhumane ely treated by the employees of the Sloss- Sheffield Company, and that for these reasons the contracting company had been notified that the contract under which the company was holding Ossie was at an end.
 Jefferson county court refused to grant the writ of habeas corpus and remand ed C.ssie into the custody of the Sloss- Sheffield Company. The county of Mo- Court. where 1t was argued and sub mitted several weeks ago by George J. Sullivan, county attorney, assisted by Charles L. Bromberg of Mobile
 In the opinion written by Mir. Jus tice Tyson and handed down by the Supreme Court yesterday 1t says the first question presented was whether a probate judge has authority under the statutes tc terminate a contract under the facts found by him as sub- mitted in this case. The court held that. the statutes confer such authority and that his conclusion on the finding of the facts was conclusive unless shown to have been collusive or fraud ulent and that tho contract being at an end Ossle, the convict. was en- titled to the writ of habeas corpus de- nied by the lower court but that he was not entitled to his discharge.
 The result of the opinion is that Os- sic was renanded to the custody of the