The Birmingham age-herald., 1923-09-23

 charging reckless driving, Friday night. following an investigation by City Detectives Bragan and Walton. jurisdiction, that no grounds exist for the issuance of such order, and that such order Is null and void for reasons hereinafter stated. Nct Given Notice.
 "7. That the said order of the circuit judge is void because the same was made on September 20, 1923, and requires that the convicts be produced before the grand jury at Jefferson county, the 24th day of September, 1923. Your petitioner, notice required by Section 6560 of the code of Alabama of 1907 providing for the production of such convicts.
 "s. Said order is null and void be- cause it does not appear that there Is any pending criminal prosecution by the state, and that the evidence of such convicts is necessary In be- half of the state. Your petitioner shows unto your honors, that there are not pending criminal prosecu- tions In which the evidence of said convicts are desired, or in which they can be used as witnesses in be- half of the state; that said conviets are sought to be brought before the grand jury of Jefferson county, and not as witnesses in any criminal prosecution.
 Nc Criminal violation.
 "9. It Is further shown that the investigation relative to which said solicitor seeks to have said convicts testify before the grand jury of Jeff ferson county is not for the purpose of investigating the violation of any criminal law.
 '1o. Said order is void because other evidence of all matters and transactions in reference to said mutiny and the administration of the corporal punishment to the leaders of said mutiny is obtainable from numerous other reputable witnesses who are not convicts and who were present and have knowledge of all the facts relative to such matters and who are within the Jurisdiction of said court, and petitioner ayers that said solicitor was cognizant that such evidence was obtainable at the time he sought and secured the order of the court to produce such con- victs.
 "1l. It Is further shown that un- der the constitution and statutes Of this state, that the control, care and supervision of the convicts, and the convict system is vested in the chief executive of the state of Alabama, and the state board of convict super visors, and the conducting of all mat ters relative to such convicts Is vest ed exclusively in said chief execu- tive and said board of convict super visors. That sound public policy for the purpose of maintaining the discipline of those who are desperate olo 0ta nd of to abide by reasonable rules and regu- lations vests the authority of the control and conduct of such system exclusively in said chief executive and said state board of convict supervisors which Is under the con- trol of the governor. That to un- necessarily produce said convicts be- fore said grand jury is to interfere with the orderly conduct and admin istration of the convict department by the duly constituted authorities thereof; to the impairment of dis- cipline among the whole of the 5000 convicts of whom they are in charge and that the effect of such appear ance of said eenvicts before the grand jury will be to encourage them in setting up defiance against the lawfully constituted authorities in whose charge they are and will further encourage them in an in- subordinance attitude and to actions endangering life and property.
 Prays For Rule Nisi.
 Wherefore, your petitioner prays, the premises being censiderd, that rule nisi may be issued, directed to the said H. P. Heflin, as judge of the criminal division of the said circuit court of Jefferson county and to any other judge sitting in said court, commanding him to vacate said or der, of which Exhibit A is copy and to require that said subpoenas, of which Exhibit 'B' is copy, issued under said order, be withdrawn and to take no action looking to the pun ishment of this petitioner for fail ure to comply with said order and said subpoenas, and to take no fur ther action requiring him to pro duce said conviets before said grand jury or to appear before this court on the 18th day of November, 1923, to show cause why the same has not been done and If in aught your peti- tioner was mistaken the relief to which he is entitld, then to such other further different and general relief as under the facts he may be entitled to receive.
 ~"And as in duty bound, you pepi- tfoner will ever pray, etc"