The Birmingham age-herald., 1923-10-07
THE ISSUE CLEARLY DRAWN

HE ISSUE CLEARLY DRAWN
 In It's report on the Banner mine mutiny the Jefferson county grand jury put squarely before Governor Brandon the question whether he will continue to pursue the policy of se- crecy and obstruction as respects legal and official investigation into condi- tions strongly suspected of crime, or whether he will change his recent course and cooperate with the duly constituted authorities under the law in their efforts on behalf of justice. Desperate attempts by the governor and his advisors to obstruct the grand jury in it's desire and purpose to dis close conditions at Banner mine, to get at the cause of the recent mutiny and prosecute any violations of the law that may have been committed, strengthens the public belief that sad state of affairs does now and has long existed within the states penal system. Wherever extreme measures are employed to prevent the public from knowing how it's affairs are ad- ministered, the people are sure to be- lieve that there are wholly unworthy reasons for the secrecy. There is probably not fair-minded, non-parti- san and disinterested citizen in Jefl ferson county who does not believe that there has been wrong doing at Banner mine and at other prison camps in the state.
 Who Is responsible for this humiliat- ing situation? Unquestionably Gov ernor Brandon and his advisors who brought it about by strenuously un- dertaking to keep the Banner mine mutiny, the causes that produced it and the methods employed to deal with it from knowledge of the public. Un- deriving the whole ugly mess is. of course, the brutaiizing convict lease system. The governor has the legal power to abolish that stigma on the fair name of the state. There is no question of the legality of the action Of Solicitor Davis and the grand jury in their efforts to investigate perhaps the worst mutiny in the states penal history. Both acted under the law and in response to the call of duty. Both had reason, as did the public, to believe that the situation should be thoroughly investigated in the inter- ests of justice, not to mention hu- manity. It was plain case of official duty.
 As matters now stand the governor of the state is assailed by legally constituted grand jury for obstruct- ing the orderly processes of law, and if officially called upon to invoke a statute enacted under his own in- initiative and support to obtain an advisory opinion from the highest tribunal in the state as to whether the law providing for grand jury in- vestlgations into conditions strongly suspected of being associated with illegal official conduct, shall be re- spected or shall be brushed aside as another "scrap of paper" That is the situation. It raises the question of whether the governor of the state has the'power to set aside the statutes bearing upon vitally important mat ter, even though there be for the time available physical force to maintain an obviously untenable position.
 Much has been said of late of the arbitrary policies and practices of the governor of Oklahoma on which the citizezns of that state have expressed themselves in no uncertain terms. The attitude of Governor Walton ana it's inevitable results have done that state grievous injury in the eyes of law-abiding and hberty-loving people the country over. There is an ear nest hope in the hearts of the people of Alabama that the name of this state may be spared such a stigma. Whether or not it will escape will depend on whether the shol't-sighted. inhumane, wholly indefensible policy of hiring the states wards to selfish private interests to be mistreated in proportion to the itch for gain, shall be promptly and forever abolished in response to the increasing demand l (.