The Birmingham age-herald., 1915-07-23

Sixth Congressional District Agricul- those presented when he expressed an opinion to the effect that Banner mine of the Pratt company could not be econ- omically worked by free labor, and when he declared that the effect of convict labor on the coal business of Birmingham was a reduction in price of between lc and 30 cents per ton.
 When l was superintendent al Ban ner," he said, "a frst-class convict was required to load 10 tons of coal per day, and in addition, to drill his coal, square it. prop his she'd and deliver 1ls tons ex- tra on account of rock It was task too great for any man. The general treat ment of convicts was cruel. The mining clothes of the men were never washed. The men went into the mines between and 6 o'clock In the mornings. and half Of them remained at work until after Q clock at night.
 ''The state is responsible for the tasks performed, for the whipping of eonvicts, for their food and clothing and bedding. AS rule have found it true that county convicts worked by corporations were treated better than state convicts worked by the state.
 ''I have seen county convicts in Jef- ferson county working on the roads of that county: have seen some of them In chains. l have noted the fact that the men bossing them were of practically the same type as bossed the convicts in the mines. The personnel of the men in charge has more to do with the treatment Of convets. everywhere, I presume. than any other single feature.
 "On account of the heavy rock. be- tween 24 and 30 inches thick. in Ban ner, I do not believe that that mine could be economically worked by free labor County convicts did work the mine profitably before state convicts were sent to Banner. but that fact, ir my opinion. was attributed to the com paratively small rock which at that time characterized the mine.
 'T estimate that convict coal car he produced from IS to 20 cents cheaper than free coal By convict labor, the rrice of coal is cut by 20 or 30 cents per ton. Conditions would be greatly improved were the lease system abol' ished"
 On cross-examnation Mr. Fies de ciared that for conditions good oi bad which exist at Banner, the state was responsible, and was required to admit that 1t was not necessary foi the state to drive the convicts to ex- cessive tasks on account of the fact
  the state would as greatly profit iron it's Banner contract as 1t profited from its contract with the Tennessee Coal Iron and Railroad company
 Health of Convicts
 Dr. Burns. convict physician of lief. ferson county. was the next witness He testified that the health of the con yicts in the open was greatly superioi to that in the mines and that the con Nirts working the roads in Jefersor county were under better conditions than are the free laborers working fol contractors. He declared that the mer were required to bathe and that theii clothes were washed twice week Ht d. scribed the shackIes which the con v,cts. or some of them wear ent sleep in.
 pr. Burns was formerly convict in' spector for the state. He testified this morning that convicts during hii service fared well and that the tasks in his judgment were not excessive.
 'I still think that the convicts leased to mines are well cared for ant that their tasks are not excessive. II is the system at which l strike.
 we have ii convict camps in Jef' furson county. Some of them I visit twice week; others I do not get tc oftener than once in three weeks IUeSP are GPfnOttlN situdtNNi, i'o" VI hnd local men aid me in preservins health And from each l receive daily renort of conditions.
 About a third of the county con yicts of Jefferson wear shackles. The saackles are braided about the ankles and are never removed save in the event of sickness or sores developing on the leg. They. sleep in these shackles and until recently were chained together by means of rod al night.
 The next witness was Superintendent Evans of the Margaret mine of the Ala bama Fuel and Iron company. In 1909 ht was superintendent of the Belle Filler mine. where convicts were worked IF stated that he himself was kept so busll, engaged in seeing that the convicts per formed their duty that he was able tc see his children only on Sundays. He testified to great extent regarding al legged cruelty practiced in that mine al that time of excessive tasks imposed anC of danger to life from fire and explosions
 He next caused surprise by state ment to the effect that at that time-if 190e-Belle Ellen could not have beer worked by free labor. the intmation being that free labor would not have endured the alleged hardships.
 ''The seam is small" he said, and this compels men to work on their hands and knees and backs and stomachs. The treat ment of the men was outrageous. The tasks were so heavy that a convict coult not long endure the gallng work. The mine. in my opinion. could not have been worked by any save convict labor"
 Ben F. Roden. who operates the Marvel mine in the Cahaba field. the next witness called, was permitted to give hearsay evi dence of cruelty practiced in the other mines of that field, and of excessive, im- possible tasks.