The Birmingham age-herald., 1923-09-21
EXECUTIVE UsURPATTON

who seek to conceal matters of pub lie record from the people exercise their power in abusive fashion and de. feat the ends of good government and the democratic principle of a peoples rule.
 These thoughts can but be prompted l by the action of the legislature of Ala bama on yesterday in reaffirming it's allegiance to the principle of convict leasing in this state. The legislative gesture was a characteristic useles !, and futile action. Twice within this session of the legislature the members thereof had clearly established their position in favor of a continuance of this evil. Effort on the part of the legislature to seek to stigmatiza citizens and the press of this state Efor continued freedom of discussion lof the question is but typical of the entire record of the legislature which under the leadership of Governor Brandon has cast upon the waste heap a tax system that made the influential tax-dodger pay his proper share; which almost junked the port amendment bill which the people of Alabama had mandated should be enacted-a leg islative record appearing to have been spent in trading, swapping, political manipulation and in waste of time in attempted defense of a record the people and the press of Alabama ap- pear to recognize has been but a lamentablc failure.
 The legislature says in its resolution that it believes that convicts should be treated in humane manner" and that it also Expresses the confident belief" that "all convicts are receiving as good, careful and considerate treat ment as they should receive
 This will not be believed because, l if it were true, why would the gover- tnor resist fair, impartial legal re- view of the situation by the duly con stituted courts of the state of Ala bama? If it were true, why would the president of the convict board refuse to let the public have access to the official Record of Punishments which Sec. 6543 of the Alabama criminal code requires shall be kept for the public record and information?
 The action of Governor Brandon in seeking to suppress a grand jury in- vestigation appears to bring him close to the border line of contempt of court and is placing him in the position of executive usurpation of the powers of the courts. Every student of govern ment knows the three divisions of gov ernment, the legislative, the executive and the judicial. It is dangerous position for an executive to expect wholesome respect for the law and himself invade judicial authority. We would commend to the governors at tention the reply of Solicitor Davis of Jefferson county to the governors effort to nullify the grand jury in- vestigation of the Banner mine situa- ton. Solicitor Davis says in respect. ful and courteous, but firm, language.
 trust you will, upon reflection court a full, fair and impartial
 inquiry by fearless and honorable
 men as to whether the law has in
 truth and in fact been disobeyed
 in this county. It has ever been, and is now, my desire to coop
 crate with you in the discharge of our respective duties, and I hon.
 estly hope you will cooperate with
 the Jefferson county Judiciary
 and grand jury, and in no way
 delay or impede the investigation of the Banner m.ne mutiny.
 Nor will the press of Alabama SUD- port the governors position any more than they have supported the leg islature's failure to remove from Ala bama what is construed by thoughtful men as being a reflection upon the good character of the state, and a stigma attaching to the commonwealth harmful to public morality and it's po- sition among the states of the Unioh No better description of. the actual effect of the convict lease system could be made than the expression from the Birmingham Evening News of yesterday when in characterizing the governor as "unwise in interfering with orand i1ry fnvavtioo+;onO 4Lo