The Birmingham age-herald., 1923-10-16
CHARG { GRAND JURY D. CHECK CAM L1
Judge Takes Issue With soy- ernor And Convict aaard In Attempts To BIocE h. vestigation Of Outbrea
VISIT TO BANNER MINES PLANNED BY NEW JURORS
Solicitor Jim Davis CIoseted With Body During Mo1day James R. Carter Is Named As Foreman

Circuit Judge William E. Fort took issue with Governor W. W. Brandon and members of the convict board in his charge to the newly organized Jefferson county grand jury Monday morning. when he specifically said that the grand jury had q right to investigate the conduct of any public official in the county and spoke Of the responsibility of jurors to in vestigate the treatment of convicts and prisoners in Jefferson county.
 Although no direct reference was made to Banner mine, his charge was in effect a challenge to the gov ernor and other state officials who sought to block efforts of Solicitor Jim Davis and the last grand jury to investigate the treatment ot prisoners in convict camps.
 "Has Right To Investigate. " You are the representatives of the people of this county and have the right to investigate, not oniy the very judge that impancls you, but you have the right to investigate the conduct of every public official in your county" Judge Fort said. You have the right to see to t as to how prisoners are treated any where in this county. under the law. And you should perform that duty, of corrse, conscientiously, without fear and without favor, impartially
 
 cause if the time ever comes in our great republic when we are not con cerned about how our prisoners are treated when they are sentenced for violations of the law, when he look upon theia only as bruiteS to be and they are simply left without the important, scrutinizing, she1tering care of the law, then we will be do- ing violence to our consciences and | upon justice which recognizes hr- man beings as such" Judge Fort then pointed out to l the jurors their duty in such matters as the Banner mine investigation and their responsibility to the county in making known their discoveries. Urges Publicity To Findings.
 If you find anywhere in this county that there has been an abuse investigate it." he continued, and let the public know your findings. You have it within your power to see that we have good government, so far as yorr jurisdiction extends. You have it in your power to sec that we have just government and your power is the power of the peo- pie of Jefferson county, committed to your care as a sacred trust. This law, therefore, which requires you to investigate as to the treatment OI convicts and prisoners, the code Of Alabama requires you faithfully to observe and do as your conscience dictates.
 Let me say. however, that in all investigations which you may make, you should be guided, not by politi- cal considerations, not by preJudlceS or bias, but only by desire to do right unto your oath of office and to administer justice and to accomplish practical ends"
 Carter Heads Grand Jury.
 The grand jury, which is expected to visit Banner mine soCn, is headed by James R. Carter as foreman. The members are: J. D. Hood, Frank M. Holtam, Mute Trammel. Scott Rip ley, $. A. HerZog, Clarence Whaley, Edward P. Stack, A. Jack Wright, NJ. M. Massey, J. G. Burns, William B. Boatwright. George H. Hayes, Rufus s. Nix, l.. L. Doty, Coyle $. Ballard and w. A. Williams.
 Solicitor Jim Davis called the jury into session immediately after they were charged by Judge Fort and they remained in session until late Monday afternoon.
 The presence of gambling places in Birmingham was commented upon at some length by Judge William E. Fort in his charge to the grand jury Monday. Many of these are found in pool rooms. he said.
 'The average man in this country looks lightly upon the offense of gaming" Judge Fort said in his charge. "The law is reasona ble. If
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