The Birmingham age-herald., 1915-03-20

Tor that reason, he said, is misleading. He said, too, that generally the most cruel overbearing man to be found was selected for shift boss. and that he was held responsible for the convicts under him making their tasks.
 Duty of State
 He expressed the opinion that convicts as a rule leave the mines worse men, more hardened criminals than when they enter.
 He thought it the duty of the state, he said, to take the convicts out of the mines. He expressed the opinion that 'tasking' convicts and whipping convicts were es- sential to discipline. He declared that he thought it grossly unfair and a violation of the state mining laws to make a con vict get more coal than his task-that is. he thought the docking system unfair. He said that the docking system at Ban- ner mine was not to the interest of the Pratt company. but to the state. which is under contract to deliver washed coal on the railroad. He said that when he was with the state he recommended to Governor Conner that the convicts be taken out of Lucille, us in his opinion tho conditions there were horrible. Concern ing the present condition of Lucille, ne professed ignorance.
 He Suggests Changes
 He gave expert testimony as to condi- tions of several other mines, especially as concerns the coal seams and ventilation.
 The witness stated that as a rule con- vict inspectors know nothing of mining conditions, and he recommended that practical miner be made member Of the board.
 He said that it has been his observation that the state was just as cruel task master as a corporation. He thought, he said, that some conviets if given the op- ton would select the coal mines rather than the farm or a turpentine camp. He thought it would be good from the states standpoint for the state to open up and work some of it's mines.
 ."One of the chief troubles has been" the witness said, that each succeeding state convict board has endeavored to produce more profit than the preceding, and that the tasks have increased
 Cotton Telegrams Again
 Governor O'Neal was then called. He had previously expressed a desire to tes- tify. He stated that on account of the need of the state for certain amount of high-grade cotton to be used in the cot ton mills, the two or three telegrams sent to cotton firms and marked by his secretaries Charge to the state.' were properly charged to the state. He said that as result of those telegrams, the state had purchased 750 bales of cotton at a very low rate.
 The witness then displayed a telegram regarding speculation in cotton futures The telegram was marked Charge to my personal account.
 The witness then stated that the def1cit in the capitol maintenance fund was due to the equipment of the chambers or the court of appeals which court was created after the inauguration of the witness as governor He then gave testimony relat- ing to some minor details of banking with L. B. Farley of Montgomery.
 Denies Lacy's Charge
 Chairman Merritt then asked the gov ernor if he desired to testify regarding the statement of Theo Lacy which tended to involve him dhe witness) in the scah- dal
 The witness replied that the declaration of Lacy, in his opnion, was inspired by other men in the hope of aiding Lacy in his trial, and of discrediting him tthe witness) personally and politically.
 The witness was then asked how the state could be operated within it's income. He declared that if property now escaping taxation was taxed, the state would pro- cure sufficient money on which to oper- ate.
 He expressed the opinion that a com mittee should be appointed to purchase all supplies for the state, including supplies for convicts in mines.
 O'NeaI on COnvicts
 The governor then gave testimony re- lating to the convict systemSHe ex- pressed doubt that the convicts could be worked on the road at present prac- tically.
 He said that constitutional amendment would have to be adopted before con victs could be worked on the road.
 On the road, he said, convicts would have no vegetables. no bathing facilities and no hospitals He said that sometime in the future the change would be and should be made. although the cost to the state in equipment and maintenance would be enormous and the loss of revenue enormous. The state, he added, could not operate any business as cheaply as an individual.
 He criticized the county convict lease system, saying that it was the continua- ton of the old state lease system, which consisted in turning the convicts over entirely to operators.
 Parole Board Favored
 He said he favored indetermnate sem tences and the establishment of a perna- nent board of parole.
 He thought he said that classification of convicts should not be leased on mem tality or any other criterion than physical development.
 The COwart Loan
 Dr. J. E. Seay was called. He was convict physician under Governor Conner, he said He said that he tried to be reappointed, and that he lent a certain man $200 about the time he applied. This, he said, was about the time of the O'Neal inauguration. The man, he said, was Lee Cowart. He said that he had not recov- cred the money, but that he had tried.
 q have charged the amount off to profit and loss," he said. Tn the begin ming l thought the transaction was loan. I think now it was graft"
 He said that he knew of his own knowledge of no other such transaction but that he had heard of several. He said that Cowart answered none of the letters written by the witness in an ef- fort to recover the loan.
 In regard to convict conditions, he said he thought the greatest injustice done to convicts was the entrusting of them to other convicts within the mines. These boss convicts, he said were cruel and added that several men mad died in his opinion from having been beaten up by the boss convicts.
 Morris Hotel Bar
 J. S. Brown, former editor of the Scare night said that he knew norning of money having been paid to members of the excise commission by saloon pro- prietors.
 He said that the Morris Hotel bar, &C., cording to an investigation of Clerk Nor row of the probate court, was operat- ing without license.