The Birmingham age-herald., 1908-12-17

, that time seen subpoena, and none mad been left at his home or place of business, and we sent for the returns on the subpoena, and 1t clearly bore out the statement of the witness, as the subpoena was in the file with no return whatever entered upon it. This gentleman stated that he had been live
 ing at the address given on the sub
 poena for years, and owned his own
 nome, and there was no reason in the
 world why the sheriff should not have
 found him if he had tried. Had the
 sheriff done his duty this good citizen
 would not have been humiliated and
 embarrassed with arrest for his non
 appearance as a witness and if there
 is any way or law by which the sheriff
 can be impeached for this wilful vio-
 lation of the law, we recommend it.
 Charge Delay to Sheriff.
 6. We wish to apologize to the citizens , and tax payers of this county for being forced to continue our deliberations as a
 grand jury for the length of time that
 We have been in session Had we been
 given that service by the sheriff that the law requires, and had the witnesses
 been promptly summoned before us, our
 labors would have been completed some-
 time ago, but this service we have been unable to get.
 OnaT9eo EHceSS feeS.
 '. It has come to our knowledge, and
 if is fact before the grand jury, that the sheriff in open violation of the law.
 during the recent strike, when called upon and appealed to by the coal com p9nies for protection of their property
 and the lives of their employees, the sher- if charged such companies in excess of
 a legal and legitimate fee, one dollar per
 day for each commission issued. He furnished the deputies to the companies
 and paid his deputies two dollars per | day, and in turn forced the companies
 to reimburse him for the services of such
 men, three dollars per day, thereby real izing one dollar per day for each deputy
 sheriff so furnished during the continual ton of the strike. Not only is this d
 fact, but the evidence shows that the
 Sheriff, not being satisfied with this amount
 Of extortion from the companies, forced
 them to pay him one dollar per day for
 commissions held by guards employed at such companies plants months and years
 before the strike, and who were regu-
 larly carried on their pay rolls as en- ployes. This one dollar per day was not eNacted from the companies for the
 guards and employees during the time of
 peace, but the very moment the strike was declared on, he forced the payment ot one dollar for each commission held by their own guards, even though such commissions had been held for months previous to the strike, and no other duties being placed upon the regular guards reg | ularly employed by the companies than | those heretofore performed by them. If i this is not graft fund, what is It? I5 ! it proper under the law to extort from companies amounts which the law does net recognize during strikes? If not it 1 appears to that 1t is of an impeach- | able nature, and we therefore recom- 1 mend he at 1 once
 The NolIe Pressed Cases. s. There has been some criticism made by the sheriff upon the grand jury for their failure to investigate certain cases which mol pressed by the solicitor
 and Judge Dan A. Greene, senior judge
 of the criminal court of this county and
 to place ourselves right before the pub
 lic We called upon Judge Samuel l..
 Weaver, for further instructions in the
 matter, and we were informed by Judge Weaver that the law empowered the so- licitor and judge with such authority where they felt it should be done for the good of the county, and that if we saw fit, we could use our discretion in the matter, but we decided that in as much
 as the solicitor and Judge Greene had acted according to their authority, and feeling that they had the interest of the county at heart, and did that which hon. estly appeared to them to be right, we felt that we could accomplish nothing by summoning the witnesses and piling great expense upon the county in these cases, and therefore decided to not go into said
 cases. We feel that the solicitor and
 Judge Green did that which their heart
 and conscience dictated as right, at the same time looking to the interest of the county.
 Rehashing Testimony.
 g. Another matter coming before our at- tention is this: The sheriff undertakes
 to criticise the grand jury for their fail ure to re-summon witnesses and go over CONTINUED FROM PAGE 5.D