The Birmingham age-herald., 1922-02-10

purchase of the mines by the state results from the fear that the state will control the price of coal.
 Legal Authority of state
 "The legal authority of the state to purchase the mines has been ques- toned by attorneys whose names were not given and Section 93 of the constitution has been cited as the in hibitory provision of the organic law. It is noticeable that no attorneys names were mentioned. Perhaps no attorney would care to have his name linked with such construction of the law.
 Hon. Harwell c. Davis. attorney general, and Hon. James J. Mayfield, special assistant attorney general. advised me that the state had such authority before the offer was made, One does hot need a lawyer 10 ad- wise him that Section 93 of the con stitution does not prohibit such pur- chase. If it did the state would have been stopped long ago from the manufacture of cotton goods at the Speigner mill,
 State Has Precedent
 The state has a precedent for the operation of coal mines. Under at least one contract in effect from 1911 to 1915 the state operated Ban ner mines under lease from the Pratt Consolidated Coal company. Furthermore. the receiver of the properties of the Monteyallo Mining company has invited the state to en- ter into such an arrangement for the operation of the Montevallo Mining companys properties.
 "If 1t could be held that the state could not own and operate the mines, 1t would not be possible for the state to use convict labor in any industrial enterprise. It would he necessary to close the cotton mill at Speigner and to stop work on the state farms. The suggestion that the state cannot own and operate coal mines is too absurd for further consideration.
 COnvicts Must He Employed
 Convict labor must be employed in some gainful occupations. The state has about 5000 convicts now. If they cannot be used to obtain a fi- nancial return to the state it will be necessary to impose a tax burden of about S1,000,0 900 year on the people to pay the cost of their upkeep
 "In the propaganda against the purchase of the mines the suggestion has been made that the state would be competing with free labor. IT the labor of state conviets is to bc used at all 1t must compete with free labor. If the eonvicts are placed on the roads the competitor will be with free labor which could be employed in the positions. The same is true of the state farms, cot ton mills, lumber camps, etc.
 Proceedings Friendly
 q am informed the suggestion was made In the bankrupt court that the bankruptcy proceedings are friendly and were brought with the assent Of i creditors. If this is correct the only conclusion that can be reached is that the Montevallo Mining company proposes to seek the cancellation os it's contract with the state of Ala bama through which 1t is now paying the state about S20,000 monthly for 1 convict labor.
 With all the facts before me and with the knowledge that the com 1 pany has listed it's assets with n commercial agency at a much great CT amount, I deem it my duty to do 1 everything in my power to protect the interests of the people of Ala | bama in this legal and bona fide con | tract with the Montevallo Mining i company. The state did not origi- nate the idea of purchasing the mines l of the company. The idea came from ] Sets and liabilities.
 Protect People
 "All the state seeks is to protect | the people who will bear any loss l from the cancellation of the contract