The Birmingham age-herald., 1923-10-04

from being given in the Evans trial, , then further steps will be resorted to, he declared Wednesday morning. The report on Banner mines follows
 Tt is the unanimous sentiment of this grand jury that discipline should be maintained in all prisons We do not believe that all the comforts and luxuries of modern civilization should be placed at the command of our convicts. We believe convicts sF ould obey every reasonable regu- lauon of penal confinement.
 In the attempted investigation of the Banner mine mutiny we sought to ascertain the names and nature of the crime of the alleged mutineers. in order that they might be tried therefor Likewise we sought to in- out of their labors: if. instead of some of them receiving 21 lashes each, as stated by MT. Boyd. they received 30 or more lashes. We en- deaVored to throw the bright light of a searching Investigation into the worst mutiny ever known in an Ala bama coal mining prison. We de- sired to find if any law was violated and to ascertain the names of those guilty, Sections 72S6, 656o and 6604 of the code of Alabama of 1907 mak- ing it our duty to do so.
 o O O
 DepIore Opposition.
 Through the solicitor of our county we requested the governor not to impede our investigation. We at tempted to visit the scene of the crime in person, and while the prison is in this county we were prevented by the armed forces of the state our eyes must have been more aw- full than the public dreams, so great and so determined have been the messages taken to hide the truth.
 If ~ convict kills another he can be tried for murder. If a guard or of law, he can be put to trial for the crime eff the grand jury can investigate). If the governor has the power to prevent investigation of the Banner mine mutiny, he has the power to prevent legal investl- gation of crime. We do not feel that the law makers ever intended to give vestigation of crime. We have not had time to inquire into many rumors as to why the state govern ment prevented an investigation. One we heard of was that 1t was feared an investigation would encourage future mutiny.
 We ask, what Investigation en- couraged or instigated this mutiny? Was it investigation. or lack of law full treatment, that caused this mutt ny? We have been forbidden the facts. The fact that it was con cealed at first, then covered with the governors mantle, does not tend to lead us to believe that no law was violated.
 We have caused to be written a request to the governor to make q request of the supreme court as to the constitutional rights of future grand juries in these matters, and we feel that this is of such impor- tance to the people of the state that the governor cannot consistently per sist in preventing the ascertainment of the truth by future grand juries.
 Our investigation. limited as it was, revealed conditions that demand action. Those interested in the con- cealment of the trhth have been so full of nimble strategem that they have controlled affairs against the demand of legally constituted au- thority with apparently as much ease as a skipper would sail against the wind.
 There are laws upon our statute books protecting animals from cruel ties. Are there none enforceable for protection of human convicts?
 We urge our successors to con- tinue to endeavor. to clear up this matter"