Holcombe v. State ex rel. Chandler

• Decision Date: 27 February 1941
• Docket Number: 1 Div. 131.
• Parties: HOLCOMBE, SHERIFF, v. STATE EX REL. CHANDLER ET AL.
• Court: Alabama Supreme Court

200 So. 739

240 Ala. 590

HOLCOMBE, SHERIFF, v. STATE EX REL. CHANDLER ET AL.

1 Div. 131.

Supreme Court of Alabama

February 27, 1941

Appeal from Circuit Court, Mobile County; D. H. Edington, Judge.

Petition of the State of Alabama, on the relation of R. B. Chandler and others, for mandamus to require William H. Holcombe, Jr. as Sheriff of Mobile County, his deputies, agents and representatives, to allow relators to examine and inspect certain books and records. From a judgment granting the writ respondent appeals.

Affirmed.

Wm. V McDermott, of Mobile, for appellant.

T. E. Twitty, T. K. Jackson, Jr., and Armbrecht, Inge, Twitty & Jackson, all of Mobile, for appellee.

THOMAS Justice.

The petition was for mandamus and the awarding of that writ as prayed is assigned and challenged by the appeal.

This is a suit begun as a petition for writ of mandamus in the name of the state on the relation of appellee R. B. Chandler, as publisher of the newspaper, Mobile Register, and affiliated newspapers in the City of Mobile, and other named individuals holding positions with said newspaper published by Mr. Chandler, directed against the appellant Holcombe, as Sheriff of Mobile County, Alabama.

The petition sought to compel the appellant to permit the relators, or persons duly designated by them, to inspect the volumes and books containing records of each prisoner received into the Mobile County Jail for the period beginning January 1, 1940, to and including the date of the completion of such inspection. It alleged that by virtue of Section 10198 of the Code of Alabama, appellant is required to keep in his office and subject to the inspection of the public during office hours, a well-bound book, in which must be entered a description of each prisoner received into the county jail, showing the name, age, sex, color and any other distinguishing marks, together with the charge for which such prisoner is held, the order and date of commitment and the order and date of release. By way of information and belief, it is alleged by relators that appellant did then, and at all times mentioned and covered by their petition, keep such book or books to which an inspection in the form of a written demand was made by relators of appellant. The nature and form thereof is exhibited. Relators allege defendants refused to comply with the demand, and that as residents, citizens, taxpayers, qualified electors, and as individuals engaged in publishing said Mobile Register and affiliated newspapers, they are legally entitled to make a due inspection of said books and make copies thereof, or memoranda therefrom.

It is urged by appellant that the written demand for inspection which was refused is in effect at variance from what is sought in the petition for mandamus.

The demand also stated: "All citizens and taxpayers of Mobile County have a direct interest in such matters. See Code Sections 10198, 10196 and 2696."

The demand called the sheriff's attention to Section 10198 of the Code, which reads as follows: "The sheriff must keep, in his office and subject to the inspection of the public during office hours, a well bound book, to be procured at the expense of the county, in which he must enter a description of each prisoner received into the county jail, showing the name, age, sex, color, and any other distinguishing marks, together with the charge for which such prisoner is held, the order and date of commitment, and the order and date of release."

The demand for inspection indicated that the sheriff had stated that under Section 8690 of the Code, it is a criminal offense for that official to disclose the fact of indictment found before the arrest of a defendant or before bail has been given for his appearance. To this the relators responded that in any event it is not "our purpose that you disclose any records as to any case coming within the provisions of Section 8690; we merely ask and formally demand that under Section 10198 of the Code of Alabama, we be permitted to see the records pertaining to the arrests by the Sheriff's Department."

The demand sought the inspection of records descriptive of prisoners in Mobile County Jail from January 1, 1940, to the date of the completion of the inspection, and pointed out that it was not the purpose of the relators to disrupt the functioning of the sheriff's office, but that one of the relators would appear at his office at a certain time to begin the inspection of the first volume dealing with said period, if it was not in use, and after the inspection of that volume had been completed, one of the relators, or an agent or representative of relator, would begin the inspection of the second volume, and so on, until the inspection had been completed.

Issuance of the writ was waived; and to the petition appellant filed a demurrer, assigning several grounds, viz: (1) that the facts averred did not show a clear legal right to the thing demanded; (2) that no legal demand had been made which was illegally refused; (3) that no direct interest appeared in support of the general inspection demand; (4) that the demand as made was vague, indefinite and uncertain; (5) that the demand should be confined to an inspection of pertinent or specific records in one or a given number of particular cases; (6) that the alleged right to make such inspection is but the conclusion of the pleader; and (7) that "the records described in Code Section 10198 are no longer required to be kept following the installation of a uniform system under the Uniform System of Accounting Act and that because of the installation of a uniform record system under said Act, the record book now required to be kept by appellant with the information referred to in Code Section 10198 also contain data which should not be made available to the relators or to the public generally because they might, and do in fact in certain instances, contain information which should be inspected only by duly appointed and authorized officers of the State or County."

The demurrers being overruled, appellant filed answer to the effect to be stated, as follows: that appellant does keep in his office, in the manner and on the form prescribed and directed under the authority of the Uniform System of Accounting Act, the books and record forms in which are entered, among other things, the name, age, etc., of each prisoner admitted to the Mobile County Jail; that a true copy of such record form, as so prescribed under said Uniform System of Accounting Act, is attached to appellant's answer as Exhibit "A". Then the answer proceeds on the assumption that certain entries required to be made on said record form, which in some instances make it apparent the case record should not be open to the inspection of relators or the public generally, such as the grand jury case, number and names of witnesses appearing before the grand jury in a case where the party under investigation is not in custody, and may not have been arrested prior thereto; where a person not previously arrested has been indicted but not yet taken into custody under a capias, "Because of the state of the books containing such records,--of persons who are not yet prisoners and of persons who will never be prisoners." Appellees' contention that the certain records should be made available to relators or the public generally was upheld by the court. Appellant stated in his answer that he had not refused to give to relators any information in, nor had he refused to permit an inspection by the relators of, a certain one or any given number of specified cases therein to which they were lawfully entitled; that, on the contrary, petitioners had the free and unrestrained access to all such books and the case records therein that appeared to have been demanded by relators and inspection thereof sought by mandamus.

To this answer of appellant, relators filed a sworn replication, admitting that appellant kept in his office the records in form of Exhibit "A", averring it was his duty to permit them to inspect the same, as to each prisoner admitted to jail, admitting it would be unlawful for appellant to permit inspection of records in certain instances described in appellant's answer, but averring their demand did not have reference to such cases; and averring that the records in said Exhibit "A" were loose-leaf forms kept in detachable volumes or binders and that there is no provision of law requiring him to place records of cases in which there is or will be no arrest in the same binder or volume with records of persons arrested, and they denied that appellant so kept such records in the same binders. Relators' replication further averred it was the duty of appellant to perform both duties, that is, not to disclose information pertaining to an indicted but unarrested person, or proceedings before the grand jury relative to an unindicted person, but that he must disclose his records concerning prisoners received into the jail. Their replication admitted that appellant keeps the Daily Jail Report record or "blotter" in form Exhibit "B" but deny that such Exhibit "B" contains the data referred to in Code Section 10198 with reference to the order and date of the release of prisoners received into said jail.

It is further averred by relators that said Exhibit "B" consists merely of sheets of paper, and not of any well-bound book, and that it is not kept in appellant's office but by the jailer by whom at the end of each day the same is removed and placed in an envelope file, and that the records of each day's admitted prisoners being kept separate. These records, relators aver, they do not know are kept by appellant and available for their inspection. Their replication further averred that, although appellant...