director. Obviously different types of treatment related to degrees of severity can be conducted at different locations some within the prisons and others (of a more serious nature) at outside institutions.
8. Petitioner will see to it that inmate living conditions including the cleanliness of living areas, physical facilities, personal materials, and sanitary food service will accord with the standards set in the Court Order.
In the event that funds beyond those appropriated by the legislature are necessary for the accomplishment of the foregoing, Petitioner will use his best efforts to secure necessary funds with due regard to the budgetary needs of other state agencies.
Petitioner considers that the prompt achievement of these goals, of the standards set in the Court Order, and the establishment, maintenance and operation of an effective corrections system are among the paramount duties of his office, and directly involve the constitutional performance of his duty to see to it that the laws are faithfully executed. But as the Court of Appeals concluded in this litigation ( Newman v. Alabama, 5 Cir., 559 F.2d 283, 292), the Governor of Alabama "has no hand in the operations of the Alabama penal system beyond the customary budget recommendations to the legislature and the appointment of the Alabama Board of Corrections. The statute vests all power and control in the Board."
Accordingly, if Petitioner is to be able to perform this important task for the citizens of Alabama as their governor, it is imperative that this Court appoint Petitioner temporary receiver.
WHEREFORE, Petitioner prays that the Court appoint him a temporary receiver upon the terms and in the manner and pursuant to the orders described in the opening paragraph of this petition.
s) FOB JAMES, GOVERNOR OF THE
STATE OF ALABAMA, Petitioner.
We, the undersigned, concur in the foregoing Petition of the Honorable Fob James, as Governor of Alabama, and request that this Honorable Court grant it.
s) George D. H. McMillan, as Lieutenant Governor of the State of Alabama
s) Joe C. McCorquodale, as Speaker of the House of Representatives of the State of Alabama
s) Finis E. St. John, III, as President Pro-Tem of the Senate of the State of Alabama
s) Richard S. Manley, as Speaker Pro-Tem of the House of Representatives of the State of Alabama
s) Charles A. Graddick, as Attorney General of the State of Alabama