The Birmingham age-herald., 1922-02-07
Opinion Differs As to States Authority On
 Operating Coal Mines
Negotiations Started by Governor Kby for Purchase of MOntevallo Mining Company Must Await Appoint
 ment of Trustee Scheduled for February IA

state has no right 10 purchase min. erai lands as outlined in the original proposal of the state. This act was passed February 6, 1903, and the contention of coal operators and leading legal authorities that this act of the legislature, approved October S, 1903, specifically sets forth the con- tention that this cannot be legally done. Section 142. which Judge May field refers to as 64s4 of the code follows:
 ITO authorize the board of con vict inspectors, with the approval oi the governor to sell the real estate now owned by the state and being used in connection with the convict department and to purchase other and better lands for such use.
 Whereas all the lands now be- ing cultivated with convicts ara either poor or uncertain in results and are being operated at loss te the state; therefore.
 Be it enacted by the legislature of Alabama that the board of con vict inspectors. with the approval of the governor. are hereby authorized and empowered to sell any or all oi the agricultural lands now used b3 
 cash or on credit, as may seem best and to purchase lands superior ir quality, 10 be used by the department in working convicts.
 "Be 1t further enacted that as much of the funds earned by the convict department as may be neces- nary is hereby appropriated to pay tor such lands as may be purchased under this act and the auditor, upon the application and with the approval Of the governor is hereby authorized to draw his warrant for such sum or sums as may be necessary for such purchase of such lands and the pay IT ent thereof"
 Company Wanted Release
 So far as Judge Dryer is con cerned is whether the state has au- thority to purchase the mining pro perties as proposed in the origna offer. As referee engaged in th' matter now pending. he declined tC discuss the case. reserving his opin- ion in the matter until the date il comes before him for disposition be fore approval Of his action is asked by Judge W. l. Grubb in federa court. However as matter of in formation which he requested of the attorney generals office, which doei not refer to the purchase of minera lands, but agricultural lands only local legal and professional opinior is that the state cannot legally pur. chase and operate the mine of thu Montevallo company.
 On the other hand. the consensut of opinion follows the statement o the president of the company. w. Z Lowell. who declares that the state refused to relieve the company CT its convict lease, and cancellation 0 coal orders by many firms becaus' of warm weather, curtailed operation of the mine which increased over head operation expense and threw the company into bankruptcy. II discussing the question. Waite Moore, president and manager of tn Empire Coal company, said;
 T know of no more inviting fiel' for the governor and the state C enter in search of experience than il taking over the lMontevallo Goa ing experience they are in the righ road to get what they want.
 "As public policy, I am un alterably opposed to the city, tn county, the state of the nation own ing and operating business enter prises. We have had an elegant sui ficiency of that. It has proven al expensive and impractical experi ment whenever 1t has been attempted
 The country is now bowed unda the weight of the governments la reference with the private operation of the railroads. Whenever the gov ernment enters into operation 0 business enterprises, the public wind up by paying the price, and 1t is heavy one"