Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-09-22
SOLICITOR DEF|ES
|. GOVERNOR BRANDON
IN MINE LASH PROBE

BIRMINGHAM, Ala, Sept. 90. -
(By the Associated Press.)-Solicito,
James G. Davis will proceed with
his investigation of conditions at
Banner mines in spite of Governor
William w. Brandon's letter of yes
terday, in which the executive said
an inquiry would not be tolerated
as sole authority in governing con-
victs rested finally with the COVER
nor of the state.
Solicitor Davis in a statement de-
clared:
Il am entirely within my legal
bounds in conducting this inVestiga-
ton and l expect to go to the bot
tom of this outrageous occurrence
and place the responsibility
MI. Davis left Montgomery at
a. m. after consulting with state of
ticials and upon arrival here went
directly to his office to prepare fer
the c3nvening of the grand jury
at o'clock.
Reporters Summoned
The solicitor began issuing sum-
monses for newspaper men, who in.
tervieWed convicts at the mines oil
| lowing an outbreak on September 10.
He saihthe warden at the mine and
other officials would be called.
| Mr.. Davis also called for files of
| newspapers containing first and sub
| sequent accounts of the mutiny. In
the newspaper accounts of the trou
bic at the mines, cOnvicts were
quoted as saying tasks were impos-
sible, food was poor and men were
forced to work when i'll. Convicts
were also quoted as saying they were
whipped.
Solicitors Authority
The solicitors action, it was stat.
ed, is based upon sections of the
criminal~code> which reads:
ut shall be the duty of the presi.
dent and other. inspectors to report
all violations of the law in regard
TO convicts that may comeato their
knowledge to the proper solicitor;
and all indictments of same shall be
tried in the circuit court, Or court
of like jurisdiction, of the county
where the Offense was committed.
"Solicitors have authority and it
is their duty in term time or in va
cation, to issue a subpoena for any
person whom they may desire to APP
pear before the grand jury to give
leVidence of any violation of the law
Governor Brandon stated that The
punishment administered to the
criminals who led the recent mut4ny
a Banner mines, resulting in The
WreCking Of valuable machinery and
endangering many lives, was al
ministered only after a thorough
investigation by men of known IT,
tegrity.
Officials of the mining company, a
convict quartered at Banner ami
L. A. Boyd, president Of the state
board Of convict supervisors, are
among the witnesses who have been
summoned to appear before this
grand jury today
Governor Brandon's letter to Mir.
Davis, which was given to the press
before the latter had seen it, said
in part:
perhaps your ignorance OF the
law governing such matters has
led you into the serious mistake of
announcing any intention 10 inter-
fere with the power of the chist
executive of the state of Alabama.
AS governor of this state, / infor,,.
you that the matters which you an
nOunce will be investigated by you
are under the direct control and su-
perVision of the governor. -.
You are hereby given notice thai
you will not be permitted to usurp
the prerogatives of the governor IF
the state of Alabama. The governor
and not the solicitor, is vested win
full power and authority to furnish
full protection to convicts, and 1, as
governor, shall perform that dIlT
regardless Of unfair propaganda amt
newspaper articles which make ::
difficult"