The Birmingham age-herald., 1913-04-12
Inspector Says the Banner
Scales Were ApprOxim-
ateiy 20 Per Cent Off
DIFFERENCE COST
STATE ABOUT $4,000
Other Witnesses Were Heard During
Morning at Montgomery, But No
Special Features Were
Brought Out

Montgomery, April n.-(SpeclalD THAT
the incorrect weight recorded by the
scales at Banner mines effected to a ma
terial extent the receipts of the state
convict department from the monthly
output of the mine is the opinion of Chief
Mine Inspector C. H. Nesbitt. who testi-
fled before the examiners in the convict
probe Friday morning.
Inspector Nesbitt declared that he had
tested the scales at Banner mine Non Feb
ruary 25 and that he had found them
approximately 90 per cent under the cor
rect weight. He said that this under
weight resulted in a loss OF about 1902
tens of coal upon which the state re-
ceived no returns. This amount, added
to the monthly output which was re-
turned to the convict department, would
have made the entire quantity of coal
mined during the month 27,615 tons. The
increase in receipts to the state would
have been s2s5S.55.
The monthly output for March, after
the scales had been corrected, was q, 1853
tons During February and March the
state had practically the same number
OF convicts employed at Banner mino,
with an excess of five convicts for the
month of March.
Questioned by Brooke
Inspector Nesbitt was first questioned
by H. Y. Brooke, examiner of public
accounts who hrst reported that the
scales at Banner mine were under
weight. In response to questions from
Mr. Brooke, the chief mine inspector adj
mitted that the output at the mine for
the month of March. after the scales
had been corrected. was approximately
20 per cent greater than during Feb
ruary. Inspector Nesbitt further ad
mitted that the fact that the. scales
were 20 per cent underweight would
indicate that the state was losing ap
proximately 20 per cent in the monthly
receipts.
Increased Task of COnvicts
In response to questions from Maj.
r. e. Steiner, the witness said he
thought the scales had been purpose1y
set out of balance, though he did not
know how long the scales had been
Incorrect or who had been responsible
for their incorrect balance. He said
the condition of the scales also had the
effect of increasing the tasks of the
convicts approximately 20 per cent, re-
quiring them to mine IL tons in place
of 10 tons.
The testimony of Mr.. Nesbitt was the
most interesting that has been brought
out in several days by the inquiry board
in the convict investigation.
Others, Testified During Morning
The first witness to take the stand Fri
day morning was former State Senator
John Gamble of Troy. Mr.. Gamble said
he was employed by the Bigbee Fertilizer
company in 1911 and 1912, aud that he was
with the Alabama Chemical company In
1918. Witness told of transactions which
he had had as the representative of those
companies with the convict department.
Other witnesses on the stand Friday
were Lewis Willis, warden at Sanford
where the Henderson Lumber company
maintains a camp; e. i. Pauley, Birming
ham representative of the Standard Oil
company, and o. e. Ament, the Mont
gomery representative of the Oil COM
pany.
The testimony oflthese witnesses was
without feature.
Gamble First Called
John Gamble of Troy, former state
senator. was the first witness on the stand
Friday morning. He said he was with the
Bigbee Fertilizer company in 1911 and
1912. and with the Alabama Chemical COM
pany in 1918.
Witness said he sold the department
about 100 to 200 tons of fertilizer in 1911.
The negotiations were had with Oakley.
Nc bids were submitted by the depart
ment
Witness did no business with depart
ment in 1912. In 1913 he said, he asked
Oakley and Lacy for the business for the
Alabama Chemical company but before
orders We're given he had left Montgom-
cry. and orders were placed through the
local office Of the Alabama Chemical
company. Witness did not get this busi-
ness, but prices were made by Sterne.
Mr. Gamble said his dealings were
with Oakley and Long. He recalled one
car he got through Lacy in 1912. The
business in 1918 was obtained through
Oakley.
Witness denied that any rebates or
concessions had ever been offered for
the business of the department.
Pauley Is Called
T. I. Pauley of the Standard OIL COM
pany of Birmingham testified that his
company had sold the department oils.
He produced statement showing the
amount of business. orders came from
the purchasing department in Birming-
ham. Witness said about once a month
the purchasing agent would ask his
company for bids. Prices were based
on the quantity of goods purchased.
o. e. Ament, in charge of the Mont
gomery branch of the Standard Oil conf
pany, testified as to dealings of the
convict department with his office.
The testimony was devoid of any
features except a discussion of the rou-