The Birmingham age-herald., 1923-10-04
WANT BRANDON TO. REQUEST OPINION
 IF SUPREME COURT.
Jefferson Grand Jury Writes Governor To Determine
 Powers Of Future

Gov. William W. Brandon was re- quested by the Jefferson county grand jury which was dismissed Wednesday to ask the Alabama su- to whether grand turies have the right to pursue the performance of their duties without a barrier of armed guards preventing, the letter, signed by J. c. Shaw, foreman, de- claring that the grand jury felt that the prison camps of all companies where convicts are employed should be subjected to examination from without by lawful grand jury in obedience to the enacted laws of this state. Al
 The letter. regarded as q Ansurs of the convict boards attitude, backed by the governor, In refusing tc permit inspection of Banner mines by the grand jury during its in- cured September 10. follows:
 Birmingham, October 1, 1923. ITO His Excellency w. w. Brandon,
 Governor of Alabama, Montgomery,
 Ala:
 "Dear Sir: On February 1s. 1928. the legislature of Alabama passed an act in words and figures as fol- lows:
 '"Be it enacted by tho legislature of Alabama:
 " section 1. The governor, by request in writing. or either house of legislature by resolution of such house, may obtain written opinion of tho justices of the supreme court of Alabama, or a majority thereof, on important constitutional questions and.
 Shall Not Be Binding.
 "Sec. 2. The opinion of the jus 1P ka VH provided for shall not be binding upon the state or any department thereof, nor even upon the depart ments requesting 1t, or the justices giving the opinions; but such Cpin- ions shall be advisory merely The object and purpose of this act, being to give more confidence and assur ance to the validity and constitution ality Of important acts or contem- plated acts of the governor and tho legislature, and tC declare the pub lie policy of the state as to request ing and giving opinions of the jus tices of the supreme court as herein provided.
 "'sec. 3. The justices of tho su- preme court may request briefs from the attorney general, and may re- ceive briefs from other attorneys as amicus curiae, as to such questions as may be propounded to them for their answers. Approved February with which you are doubtless quite familiar.
 To Guide Anotber Jury.
 Tn order that another grand jury Nos. -72S6, 6604 6560 of the Code of Alabama, 1907. which makes 1t the duty of tho grand juries to inquire into the conditions of tho prisoners and convicts are emere words of camouflage and jokers in our laws, we respectfully ask that you avail yourself of the right granted you in the act of the legislature above quoted to call upon the Supreme Court for an Interpretation tf the meaning of Sections T2S6 6604 and 6560, pertaining 10 investigations of convcts in prisons.
 'Our prevented investigation re- veals sufficient basis, in our judg- ment, for the pursuit of an eXhaus tive investigation of inhuman treat ment. We feel that convicts should be compelled to obey prison rules; should be compelled to know and feel that they are copvlcts, and should be compelled to conform to every req sonable prison regulation in all mines where convicts are employed. We also feel that the prison camp tf all companies where convicts are employed should be subjected to ex- animation from without by a lawful grand jury in obedience to the en- acted laws of this state.
 'We respectfully request that you request of the supreme court an opinion of this important public matter in order that future grand juries may be permitted to pursue the performance of their duties with cut a barrier of armed guards pre- venting. Respectfully yours"