The Birmingham age-herald., 1908-08-16
SHERIFF H|GOON
 MAKES STATEMENT
Charges WiIIfuI MisstatementS
 to W. R. Fairley
MEANS TO PRESERVE ORDER
Says All Men Shall Enjoy Right To Peaceful Pursuit of Happiness and Can Contract To Labor as
 They Will.

hey VIII.
 Sheriff Higdon last night issued state ment to the public in which he again de- clares he will maintain order in Jefferson county and criticizes w. R. Fairley for making what the sheriff terms 'willful misstatements." The sheriff's statement is as follows
 To the Public:
 It is to be deduced from the several signed statements lately published by MT. W. R. Fairley that
 First-The sheriff of Jefferson county has assembled "the employed agents and partisans of the coal operating com panies," deputized them and thereby given license, through an injudicious pol icy as to the appointments of deputies, to the atrocious and inhuman conduct that has characterized some of the late acts of lawlessness in this county.
 Second-That while MT. Fairley acquits the companies of the responsibility of the acts committed by the deputy sheriffs of this county, yet the companies are collu- slve criminals with the sheriff in all of this crime, because of the fact that the sheriff has appointed deputy sheriffs who are the employed agents and partisans of the companies, and that the companies, through these agencies, are melting law lessness.
 However much MT. Faisley may disclaim in this matter, the logical deductions are those above stated.
 WiIIful Misstatements.
 It has not been my desire to appear in print during the present coal miners strike, and I would not do so now if the surprising statements made by MT. Fair ley in respect to the conduct of the depu- ty sheriffs, conveyed to the public a fair statement of the exact facts. But having a sincere regard for a healthy public Sen- timent, 1 wish to say
 First-That no coal company can influ- enee the administration of my office, nor has such an attempt been made.
 Second-That have not on my force of deputy sheriffs any man who is an agent or employe of the coal operating com- panies who was not there previous to this strike.
 Thrd-That all men serving under me as deputies are directly responsible to me. They do not take orders from anyone eX- cept myself or my chief deputy. At the mining camps, where these deputies are placed to guard life and property, any or der or direction by which my deputies are governed must be received by them through me, or my duly authorized chief deputy at that point. No order goes to them through any agent or officer of any company.
 Fourth-Shortly after the beginning of the strike the coal operators requested deputies to protect their property from slf seems that their caution was well found ed At this time MT. Fairley, with the at torney of the United Mine workers, Mir Frank s. White, came to my office to ad- wise me on this very point-that is that the best conservation of the peace of the county would not be obtained by the em- ployment of the agents and employees Of the coal operating companies as deputies. The reason for this is apparent to all fair-minded people The partisan spirit of such officers might lead them to acts of indiscreton and oppression through too great a zeal in the enforcement or the law. I assured MT. Farley and MT. White that I was guarding this point and they and the union miners need not feel any uneasiness with respect thereto.
 To the public I wish to say that my intention on this point has been compiled with to the letter. That I have carefully supervised the deputizing of all men dur ing this strike. That in choosing my deputies I have endeavored to select so- Der. cool-headed, efficient officers, and that no man, or employe, of coal oper- ating company has received commission from me.
 Prosecutions.
 Mr. Fairley also knows that he is mis- leading the public when he says The innocence of our men in the Jefferson
 naf sheriff did not consider 1t of such inn portance to prosecute the cases" I say this because MT. Farley knows full well that the sheriff is not the prosecuting attorney and has nothing to do with the duties of that important office. My ab- sence from the prosecution is no evidence as to the innocence of these men. h. deed if these 16 men had been prosecuted on the preliminary hearing with the same zeal that the United Mine Workers fol- low their cases against my deputies, 1t is my opinion that the majority of them would have been bound over to await the action of the grand jury.
 I want every man punished if he is guilty, no matter whether he Is miner, capitalist or deputy sheriff, but l would be invading the rights and duties of an- other officer to appear as prosecuting at torney in any case, and certainly over- 
 propriety in so doing.
 Other Misstatements.
 1. Republic-Mr Farley has further im- nosed on the public in seeking to detach from the union miners the blame for the shooting at Republic on July 16. when one man was killed and others wounded. What were the facts in that case? The union miners, 100 or more, assembled along the public highway at that place, many of them armed. Their own ad- missions were that they had heard that non-union men were to be brought in by this road where they were congregated, and that they were there to "peaceably persuade" the strikebreakers not to work. When my deputies tried to disperse this armed body of men, ordering them to lay down their arms and to go home the firing began on both sides. This is the testimony of the strikers themselves. Let the public judge as to whether this assembly of union miners, under arms and in the excitement of the moment, meant order or disorder; law or law lessness!