The Birmingham age-herald., 1921-03-09
Grand Jury Recommends That Austin and Men Be Discharged From Further Service of State
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FEOHl FuHltiEI OCI VtOC Ul StdtE
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 thorough investigation, that quite the contrary Is true; that. while there were times when the soldiers were present at said meetings, they did not disturb the meetings, nor seek to prohibit their be-
 ing held; and we find. furthermore, that those in authority were in hearty accord with the holding of the said meetings of the secret fraternal societies.
 LAW AND ORDER
 we feel it is our duty to congratulate at miners, soldiers and officers who have stood for law and order in a great industrial conflict like this, and we con- gratulate them for the peace and quiet which has prevailed, because of the stand, of a great majority of the con- tending forces, that the law of peace and quiet should prevail, and. at the same time, thousands and thousands of people contending for the privilege of exercis- ing what they conscientiously believed to be their personal rights, and. natur- ally, some few are to be expected to step beyond the bounds of law and or der; and, from a review of the conduct of the piners in this strike, we conclude that a greater number have stood for the observance of law and order than at any time in the history of similar strikes in the past.
 We find that. about December 15 1920 Conrad W. Austin, in charge of the state law enforcement department, was requested to come to the strike district to work in conjunction with the military forces, as plain-clo othesmen, it being the theory of the military forces, if there was to be any surveillance or detective work, that man in uniform could not T 4-J. clo4hesman to do 1t. We found that Con rad W. Austin's entire forces, on being transferred to this district, received an increase in pay of from $50 to $17s per month for each man, and that the man. Ter of payment of salaries was charged from payment by the state auditor and treasury department, by arrangement Of General Steiner with the local banks whereby they were to be paid in like manner that the militiamen were to be paid, that money would be obtained fro the local banks, and that General Steiner gave his note as brigadier general, until such time that the pay rolls should reach a considerable sum, when receipts and vouchers were made up and sent to Montgomery, to the state auditor who in turn, issti ed state voucher to re- irnburse the banks for the money loaned; that thIs arrangement applied to the sol diers and officers of the law enforce ment department who had been trans ferred. and the concensus of opinion is that all of this will be charged to the national guard appropriation instead Of the state law enforcement department.
 SHADOWING OFFICIALS
 "The testimony developed the fact that a large number of members of the law enforcement department were constantly engaged in shadowing the officials of the Vi organizers, as vel las other individuals. This shadowing began about December IS and continued up until to few days before the settlement of the strike, and in one instance peace proceedings were instituted by one of the organizers; and in another injunction was asked for. growing out of the conduct of the of- ficers of the law enforcement department In shadowing said organizer However, from it's investigation the grand jury has been unable to ascertain whether the shadowing of these individuals and of- ficers could have resulted in any good towards maintaining peace and order or in the hastening of the settlement of ex- isting trouble; but as result of this shadowing Phil Painter, editor of The Advance. a local newspaper. was on Sun day, January 2, 1921, at the corner or Fifth avenue and Twenty-first street, as- saulted by one W. H. Knox, one of the state law enforcement officers; that this assault was committed under circum- stances which show that Conrad W. Aus tin, w. H. Knox and others connected with the state law enforcement depart ment, knew that the assault waa pre- meditated; and that after said assault, and after the said W. H. Knox had been arrested by one of the law enforce ment officers, another assault occurred on the said Phil Painter by one 0. D. Moates, also one of the state law en- forcement officers, who was standing near by when the first assault was made; that the said Phil Painter, the person assaulted by w. H. Knox, was not doing anything, or saying anything, nor had he committed any overt act. to justify the assault. but that the assault grew out of an accusation on the part of W. ii. Knox that he, Phil Painter. was the au- thor Of certain anonymous letter to Gov. Thomas F. Kiiby, which accusa- ton we believe to be utterly unfounded. F'c flowing the assault by w. H. Knox on the said Phil Painter, one 0. b. Mcates, also one or the state law enforce ment officers, was standing near by. psho, upon hearing remark made by the said Phil Painter as to who had just assaulted him, thereupon also as- saulted and beat the said Phil Painter.
 ACTS OVERCOMING
 We are convinced that these assaults mode upon the person of Phil Painter are without Justification, and are totally un- ;,scoming to the officers of the law: and we do not hesitate to say that these assaults, and the way and manner ana day on which they were committed, ana being inflicted by officers of the law, have brought the law into contempt with a majority of our people, and we do not see where the services of these men in the future can aid in the enforcement of the law and in its maintenance; but on tho other hand a disrespect for the law. and also the prevention of the enforce ment of the law will result should these guilty parties be continued in the serv- ices of the state, and any arrests made by them. the iuries of this county will re- sent and fail to convict. because of the