The Montgomery advertiser., 1901-10-10
TO ELECT TWO MAJORS
ORDER ISSUED TO OFFICERS OF
 SECOND INFANTRY.
Controversy Between colonsls Hig- don and Kyle Causes Interest. Decision in Corporal Posters
 Case May Be Appealed.

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 On Wednesday, October ssrd. the cona- missionsd officers of athe End Infantry. Alabama National Guard will cast their ballots for two majors of that division or the State militia to succeed Colonel E. II Graves andN Lieutenant Colonel H. B. May, who have recently ben promoted to these respective offices
 It is the purpose of Governor Jelks that there shall not be any controversy about the result of this election as was the case in the election for a Colonel of this regi- ment. In the official order for the cleo ton it is specifically stated that each officer voting shall sign his name to the official returns and that no supplemental returns will be considered at headquart- CTS.
 The official order, which was issued yesterday Is as follows:
 Adjutant Generals Office,
 Montgomery. Oct. 8. 1901. General Order No. II:
 First-An election is hereby ordered in the..2nd Infantry, A. N. G., for two ma1ors. to fiN the vacancies caused by the propomition of Majors E. H. Graves and H. B. May, to be held on Wednesday, October 23rd. 1901.
 Second-The several company officers will meet in their respective armories on Wednesday. Oct 23rd. 1901. between the hours of a. m. and 12 m. and cast their individual ballots for two majors.
 Third-The commanding officer of each company will notify the commissioned officers thereof. when to assemble to cast their ballots, within the hours above named; these ballots shall be written, and deposited by the officers in the presence of each other in a hat or other receptacle. When all have voted. the bal lots shall be taken out and counted, and officers voting shall certify direct to the Adjutant General the result of such bal lot. Each oficer so voting, must sign such certificate.
 Fourth-No second or supplemental re- turn will be considered by the Governor and officers are directed not to make but one return of such election.
 Fifth-Any officer unavoidably absent from his home station on date of cleo ton. shall forward his ballot direct tc this office.
 sixth-No votes will be considered that are not in this office on the 18th of Octo. Der. 1901.
 By command of the Governor.
 w. W. Brandon,
 Adjutant General. There are four candidates for the two positions and the contest is creating in.
 
 candidates are Captain Charles F. Ander- son of Montgomery, regimental adjutant Captain J. E. Carter of Selma, comman. der of the Selma Guards: Captain w. A Collier of Tuscaloosa, commander of the Warrior Guards and Captain J. P Mar chant of Phenix City commander of the Phenix City Rifles.
 The Higdon-Kyle Controversy.
 It was learned yesterday that nc specific charges have been preferred against Lieutepant Colonel Osceola Kyle of the 3rd Infantry by Colonel E. L. Hig- don. commanding that regiment, neither has the Governor been asked to order a courtmartial to try Colonel Kyle.
 It seems that since the election of Col onel Higdon to command the regiment Colonel Kyle has treated his commission indifferently and has not participated with the regiment as Its officer second in command. The friends of Colonel Higdor matter to the attention of the Adjutant General in the hope that the matter migh be adjusted. Some time ago the commanding officer asked for a Board of Courtmartial to determine the case but mutual friends intervened and the court was not ordered.
 The report from Birmingham that Col. onel Higdon has formally preferred charges against Colonel Kyle is not cor rect. The Adjutant General. Colonel Brandon. was not in Montgomery yester- day. but Governor Jelks said no such charges had been filed. The Governor against Colonel Kyle by Colonel Higdon it would become the duty of the Cover nof to order court to determine the matter He said that certain papers bear ing upon the case had been filed with the Adjutant General. but as he. the Cover. nor, understood it the Adjutant General had been asked to act as an arbitrator in the hope that formal trial of the cast by a courtmartial might be avoided
 Colonel Kyle Is one of the most promi. rent men in Alabama He was an officer in the regiment during the Spanish American war. having enlisted as Captain of the Decatur company. Later he wa. promoted to be a Major and was subse- Quently elected Lieutenant Colonel. He |, equally prominent in civic life. having served as a member of the legislatur' and Railroad Commissioner. He is al present Judge of the Eighth Judicia Circuit and resides in Decatur.
 The Talladega Courtmartial. Colonel Francis c. Caffey, Judge Advo cate General of the Alabama Nationa Guard has under consideration papers fl the case of J. Hagen Foster, formel corporal in company L, Srd infantry, To cated at TalladeRa.
 Foster vas arrested by a squad of mer of his company while paying a socia visit to a young woman He protested
 
 the company drill. Charges cf irsubordi nation were preferred against him b! Captain B. H. Burr. commanding tn company. A courtmartial was organized for the trial of Foster but he was re leased from custody by the Circuit Cour on writ of habeas corpus. In his ples Foster showed that he was not a mem Der of the National Guard; that he hat not re-enlisted upon the reorganization of the company after the Spanish Amer ican war and that he had drilled witl the company only by an informal agree ment between him and Captain Burr.
 The release of Foster by the Circui Court put a stop to the courtmartial pro ceedings and the papers were returnet to the regtmental commander. Colone Figdon, with recommendation that th, case be appealed to the Supreme Court. Colonel Higdon forwarded this recon mendation to Governor Jelks and the pa pers were referred to the Judge Advocat, General. The case will probably be ap pealed.