The Birmingham age-herald., 1923-09-23
WILL FIGHT ON DESPITE WRIT
 FROM CAPITAL
(ContInued from PaEe Onel

during the afternoon5 It Is custo- mary to close all of the offices in the capitol at l o'clock on Saturday.
 When the petition was completed Governor Brandon and his party took an automobile at the capitol and drove to the country club. They had received information that one or more of the judges of the su- reme court were spending the after neon at the club. Judge Gardner was found and, after making an inspec- ton of the code, attached his, sigma ture to the order, which had all ready been written by those who drew the petition. The order later was filed with General Ligon. clerk of the supreme court who was at the country club at the time.
 Result Of Davis, Stand.
 The filing of the petition for writ of prohibition was determined upon when Jim Davis, solicitor of Jeffer- son county, announced that he in- tended to continue the investigation of the mutiny and flogging of the convicts regardless of the gover- nor's letter, which charged that his inVestige ton was an invasion of the prerogatives of the governor.
 MT. Davis called upon MT. Boyd to produce the convicts next Mon day and announced that a charge of contempt would be made against MT. Boyd if the order was ignored.
 The petition alleged that the so- licitor had no authority to make an investigation of conditions at Ban ner mines, that the operation of the convict system Is in the hands of Vict supervisors and that there is no law requiring the production of the convicts to give testimony when no criminal cases are involved in the investigation.
 Harwell c. Davis. attorney gener all signed the petition for writ of prohibition, he being the states legal representative. However, it is known that Judge Mayfield and Mir. Evins had a part in the preparation of the petition
 Ed Meredith, capitol policeman, supreme court and sent to Birming- ham with the writ of prohibition at o'clock Saturday afternoon.
 Text Of Gnrdner's Order
 Justice Gardners order to Judge Heflin follows:
 ITO the Honorable H. P. Hefhn, as judge of the criminal division of the Tenth Judicial Circuit.
 "The petition of L. A. Boyd, a copy of which it hereto attached, having been presented to L. D. Gardner, a justice or the supreme court oI Ald- bama, who after a consideration of all the facts and averments as to facts contained therein, has issued the following order to-wit: This pe- tition having been duly presented to me for order thereon (the court be- ing in vacation) it is hereby ordered that the clerk of this court issue a rule directed to the Honorable H. F. Heflin as judge of the criminal divi- sion of the circuit court of Jeffer- son county, Alabama, commanding him to vacate said order of which Exhibit A is a true copy and to re- quire that said subpoenas of which Exhibit are copies, issued under said order, be withdrawn, and to take no action looking to the punish ment of this petitioner for failure to comply with said order and said sub poenas and to take no further ac- ton requiring him to produce said convicts before said grand jury. or to appear before this court on the 18th day of November, 1928. to show cause why the same should not be done.
 "'It is further ordered that until the further order of this court all action looking to the production of said convicts or to the punishment ply with said order and subpoenaes be suspended,
 Command To Vacate
 These are, therefore, to command You to vacate said order of which Exhibit A is a copy and to require that said subpoenas of which Ex- hibit are copies, issued under said order, be withdrawn. and to take no action looking to the punishment of this petitioner for failure to com ply with said order and said sub poenas and to take no further ac- tion requiring him to produce said convicts before said grand jury. or to appear before this court on the 18th day of November, 1923, to show cause why the same should not be done, and that until the further or der of this court all action looking to the production of said convicts for failure to comply with said order and subpoenas be suspended"
 Text Of Formal Petition.
 The petition for the writ of prehi- bition follows:
 Comes your petitioner, l.. A. Boyd, and shows the following facts, to wit {:
 T. That he has been duly ap- pointed, has qualified and is acting as president of the state board of convict supervisors of Alabama. That such board of convict supervisors, acting under the direction of the governor of the state, has full con- trol and supervision of the state con- vict system.
 "2. That on, to wit, the 10th day of September, 1923, at Banner mines in Jefferson county, Alabama, where convicts were being lawfully em- ployed by the state of Alabama, cer- tain of the long term convicts at that place instigated and led mutiny against those lawfully in charge of n tpx ha deliberate destruction of property of great value, in endangering the lives | of many people, and in threats by said leaders of the mutiny to do seri- ous bodily harm to the persons law fully in charge of such convicts.
 "3. By direction of governor of Alabama. a thorough investigation was made of all matters relating to such mutiny and after fixing beyond a reasonable doubt the guilt of cer- tain convicts, in instigating and lead ing said mutiny, reasonable corporal punishment as was necessary to re-
 store discipline and to protect life and property was administered in full conformity with the laws governing such matters, and with the rules pro- mulgated by the state board of con vict supervisors and approved by tho | governor of Alabama.
 A. After such investigation, the administering of such punishment, and after report thereof had been made to the governor, Hon. James c. Davis. solicitor of the Tenth judicial circuit which is composed of Jeffer- son county, Alabama, announced that he would convene the grand jury of Jefferson county, and for the pur- pose of Investigating conditions. under which convicts were worked by the state at Banner mines, and that the convicts would be given full op- portunity.t to talk freely before such grand jury, and that he would afford them full protection.
 O O c
 Converting Of Grand Jury.
 70. That in pursuance to this an l nounced intention the grand iurY o1