The Birmingham age-herald., 1908-08-22
SOLICITOR HEFL|N REPLIES ID HIGDON Says Sheriff Did Not Notify
 Him of Arrests DUTIES OF THE SHERIFF Solicitor Says He Stands Ready at All Times To Prosecute Fairly, lmpar-
 tally and FearIessly, Vlo-
 lators of Law.

Solicitor H. P. Heflln last night issued the following statement in reply to a recent utterance of Sheriff Higdon:
 In the published card of Sheriff Hig- don which appeared in the daily papers a few days ago, he uses the following language:
 "The sheriff is not the prosecuting att torney, and has nothing to do with the duties of that important office Indeed, if these 16 men referring to the Jefferson shooting) had been prosecuted on the preliminary hearing with the same zeal that the United Mine Workers follow their cases against my deputies, it Is my opinion that the majority of them would have been bound over to await the action of the grand jury" He further says, "l would be invading the rights and duties of another officer to appear as prose- cutting attorney in any case, and certainly over-stepping the decent bounds of offi- cIal propriety in so donig,"
 In another part of his card SheriH Higdon uses this language;
 Some arrests were made for this daN- tardlv crime Some who were arrested said that they were present, but that they did not shoot into the train. The prosecution of all these cases fell through because the state does not provide for any counsel on such hearings, and the mine operators did not see fit to furnish counsel"
 From the above statements coming from Sheriff Higdon to the effect that 1t was not his duty to prosecute those cases, but that he would be invading the rights and duties of the prosecuting attorney if he did so, perhaps the public, or at least, some people, may think that the solicitor of this county did not discharge his duty in regard to these cases.
 Preliminary Trials.
 In this connection I wish to say that duty of the solicitor to appear and prose- cute cases on preliminary trials, yet 1t has been my custom always to do so when Informed or notified by the sheriff, or the justices of the peace, or judges of the inferior courts that any important case was set for trial, such as murder. assault with intent to murder, or other cases of felony; and 1t has been their custom to give me such notice.
 Sheriff Hgdon knows full well that such has been my custom and that he has always called on me to prosecute such cases as he desired to have prose- cuted and that I have never in any in stance failed either to prosecute myself or have one of my assistants do so when l could not appear in person.
 In the above cases mentioned by Sheriff Higdon, the prosecution of which he says fell through because the state does not provide for any counsel on such hearings, and the mine operators did not see fit to furnish counsel" l wish 10 say that he never at any time spoke to me or either of my assistants about them, nor did he nected with the sheriff's office give me. or either of my assistants, the name of a single witness against any of those de- fendants, or notify me or them that those cases were set for trial. Did the prosecu- tion of those 16 cases fall through be- cause of the lack of counsel for the state, or because of the failure of the sheriff to do his duty and furnish the proof of the guilt to the court? Does the public be- lieve that Judge Benners would have dis charged those defendants, charged with this dastardly crime, if he had had the witnesses to show their guilt, just be- cause of the absence of the solicitor?
 Profit From Deputies.
 And at this particular time, as am in formed, Sheriff Hgdon has under his con- trol some 800 CT 6Go deputy sneriffs paid by the companies, for which he receives profit of $l per day eacn, and yet with all that help ne has failed in a single in- stance to give me the names of witnesses to be used in the prosecution of the differ ent acts of violence and lswlessness which have been committed in this county since the strike began.
 Does the public believe that the sherif, of this county has really tried to find o9 who the parties are that are guilty of hay ing recently committed the different acts of violence and lawlessness in this coun- ty? If he has really tried, leave 1t to the public to say how well he has succeeded
 
 The sheriff is not called upon to settle the strike, but he, as the chief executive officer of the county, is called upon to stop lawlessness. If he would find out and arrest the guilty parties, and furnish the evidence of their guilt. they would be prosecuted and convicted, and lawlessness would be stopped.
 Furnish Necessary Evidence.
 If he and his deputies are unable to pro- tect life and property, they ought at least to be able to find out who committed the acts of violence and lawlessness and to furnish necessary evidence to convict and punish such parties.
 Sheriff Higdon states in his card before mentioned that a majority of the Is men