The Birmingham age-herald., 1912-09-01
Surprised That Assertion Should Charge Officials
 With Willful Neglect
REPORT FAVORABLE
 ON MINE CONDITION
Nesbitt Declines to Comment on Sub ject, But Says His Report to Governor Will Be Ready
 This Week

In an official statement issued yester- day, J. B. McClary, president of the Aber- ant Mining company. disclaims any knowledge of an intimated Investigation into the recent accident at his mine which killed IS miners. It has been circulated that C. H. Nesbitt was to cause an inves- tigation into the accident at Abernant and from that would develop some prose- cutions aimed against the mine officials
 The statement of MT. McClary is to the effect that his associates and himself have compiled with every law and that word was hastened to MT. Nesbitts office when the explosion was discovered.
 MT. McClary's Statement
 The first official statement yet made by the company management regarding the Abernant explosion is as follows:
 Tn regard to the Abernant accident, l wish to say I have no controversy with MT Nesbitt and did not know of any friction between us until I saw 1t in the papers. I was out of town the day the Abernant accident occurred, and did not learn of it until my return that night Mir Dilworth tells me that he had his clerk telephone Mir Nesbitt's office and also my office immediately after the ac- cident occurred, and that he did every thing he could to get prompt communica- ton with MT. Nesbitt's office.
 Tn regard to having MT. Dilworth and myself prosecuted for failure to comply with the mining laws, l would say that everybody knows MT. Dilworth and my self knows that we would not be guilty of willful violation of the law, nor willful neglect of any duty. The consequences There are the humane, conscience and financial factors to deal with, all of which are serious. We have suffered untold mental anguish over the unfortunate af- fair, and have lost a 1arge sum of mon ey and it is not even supposed we would subject ourselves to these penalties.
 q have the last three copies of Inspec- tor Rays reports on Abernant, which do not show anything dangerous. and one fthe reports is marked favorable The other two were not unfavorable, but he took special care to mark one favor able. I cannot believe that Mir. Nesbitt is trying to make it appear that MT. Dill worth and myself have been guilty of wiliful negligence. He has never inti- mated anything of the sort to me. MT. Dilworth is half owner and manager Of the mines, and has hac many years ex- perience in Pennsylvania and Alabama, and is regarded as one of the best min ing men in the state We both deeply regret the accident, and we both keenly feel that we have been unnecessarily sub jected to the unpleasant notoriety of newspaper headlines"
 Inspector Nesbitt Talks
 Chief Inspector C. H. Nesbitt, when in formed of the statement of President J. B. McClary of the ADernant company, said he did not have anything to give out at this time in reference to the rumored prosecutions that are said to be under advisement Mir. Nesbitt said that at this time it would be entirely out of the ques- ton for any general statement, that there was absolutely nothing personal in the matter.
 However, the mining laws of this state are very plain in regard to operations" he said. "I have an oath to obey and duty to perform. In addition to that l have a governor behinG me. I have ab- solutely the highest personal regard for Mir McClary and MT Dilworth. It is not a question of our relation or our personal respect for one another, but simply the desire to uphold the law. l will say that the delay in reporting the explosion to my office was the least of all and l am inclined to bear with the management in that respect, as the phones were not working we'll"
 It was intimated that the solicitor at Tuscaloosa had been given complete in- formation in reference to the situation at Abernant and that something would de- velop this week.
 Mr Nesbitt announced that his report would be ready for Governor O'Neal this xyaelx