The Birmingham age-herald., 1923-09-20
Governor Writes Jefferson Official That Law Vests Him With Power To Furnish Full Protection To Convicts
ASSERTS NO SUBORDINATE CAN ARROGATE POWER
Claims Grand Jury Action Is "Intention To Interfere With Power Of Chief Executive Of State Of Alabama"
STATE CAPITAL BUREAC l
 THE AGE-HERALD !

Gov. W. w. Brandon will furnish full protection" to convicts. re gardless of unfair propaganda and newspaper articles which make it difficult" and will not allow Solicit tor James Davis of Jefferson county to usurp the prerogative of the gov ernor of the state in giving such pro- lection, according to a letter from the chief executive to Solicitor Davis, made public late Wednesday,.
 Solicitor Davis was in conference with the governor here tonight for quite while, having come down to Montgomery this afternoon at the governors request. Mr. Davis had tonight following the conference as to his course of action relative to the Banner strike investigation. He was to leave Montgomery early Thursday morning for Birmingham.
 Governor Brandon stated in his let ter that the action of state officials in administering the flogging to con- victs at Banner mine had my full and unqualified approval" The gov ernor further declared that the in- tention ascribed to Solicitor Davis of calling the Jefferson county grand jury to investigate and assure con VictS of protection is 'an intention to interfere with the power of the chief executive of the. state of Ala bama," and that such usurpation of the executive prerogative will not be allowed.
 Text Of Letter.
 Following is the governors letter:
 Montgomery, Ala, Sept. 19. 1923. MT. James Davis, Solicitor Jeffer-
 son County, Birmingham, Ala:
 Dear Sir: Newspaper reports quote you as declaring that you weule convene the grand jury of Jeff srson county to investigate the cc aitior under which the convfcts 'ec anoer mines. and that the leaders cf the recent mutiny of the conNie5s .an1er mines would be
 fst red by u O. sull protection and be encourage 10 'o freely.
 Perhaps your trance of the aw governing such ua ters has led yo into the serious e. stake of an nc 1-inR an intention 70 interfere WitA the power of chief ee=N tive of the s,lta of AlahR.ne As >rnor of this state, ' Inform you Cha he matters which you anaol3ce Hl. .'e, investigated you arg rnaer direct contro. ana supervision o. governor of A n.-a.- Aa, rcrnor l am answerable .n. seHa.c of Alabama as a cou -l- ,.e act ans in office, and no 8. rc4f ot. cer of this state has -r arrogate to himself the tu supervise the conduct ot rl.rt executive.
 Gave Full Approval.
 The punishment administered 70 the criminals who led the recen mutiny at Banner mines which wrecked considerable property and endangered the lives of many other convicts was administered after a thorough investigation by men of known integrity of character and then only after every other correc- tive and disciplinary method failed, Their action had my full and un- qualified approval, for I consider the discipline of the convicts who insti- gated and led the recent mutiuy at Banner mines essential to the pro- lection of the good men who must work with them.
 You are herby given notive that you will not be permitted to usurp the prerogatives of the governor Of the state of Alabama. The governor and not the solicitor is vested with tull power and authority to furnish full protection to convicts, and l, a 8 governor shall perform that duty regardless of unfair propaganda and newspaper articles which make it difficult.
 Yours very truly,
 "WM. W. BRANDON, Governor"