The Montgomery advertiser., 1901-11-23
NEW CHARGE FOR KYLE
IT. COLONEL OF 3RD INFANTRY WILL FACE ARTICLES WAR.
All Officers of the Guard Make Oath That They Will Support Fed eral Law and It is Claimed
 Col. Kyle Violated Law.

It developed yesterday that shc charges ard specifications preferred by Colonel l.. l.. Higdon of Birmingham against Lieutenant Colonel Osceola Kyle of Deca- tur not only set out that Lieutenant Kyle has violated the statutes of Alaoa- ma but that he has violated the articles of war prescribed by the Federal stat utes. The officers are Colonel and LfeuL tenant Colonel respectively of the, Ard Infantry, Alabama National Guard, and a generau courtmartia1 has been ordeFed' to convene in Montgomery Decemebrj 10 to hear evidence in the case. ss
 All officers of the National Guard are required to make oath that they will support the State and Federal Constitu- tions and the articles of war. It is charg ed that in sending a sensational commu- nication to his superior officer Lieutenant Colonel Kyle has been guilty of conduct unbecoming an officer and a gentleman" |"
 This count in the specifications sets forth that on certain date Lieutenant Colonel Kyle wrote a letter to his se- nior officer Colonel Higdon, which was not only insulting but in which he ques- tioned the right of Colonel Higdon to command the 3rd Infantry, charging that he was fraudulently ele ected. The 1specifi- cations contend that this charge is not only an insult to Colonel Higdon, but it is an insult to the commander-in-chief, Governor Jelks, and Adjutant General Brandon, who approved the returns of the election held by the officers of the regiment and declared Colonel Higdon to be its legally elected commander upon the face of the returns.
 The Alabama statutes defining the reg ulations governing the National Guard provide that the regulations shall in9no conflict fhn frln ,f governing the United States army end that the Guardsmen shall be always sub ject to the same rules, regulations and provisions as are provided for ragulatiep Of the Federal army. 1t Is said that ad-- ditional charges against Lieutenant Col- onel Kyle were made under the articles of war so that If it was found the, Statel laws did not cover the eases the. genetal courtmartial would be in position ta9 act under the articles of war. 1-,-
 The charges and specifications preferred against Lieutenant Colonel Kyle by Col onel Higdon were forwarded to Lieuten ant Colonel Graph J, Hubbard of Troy, who has been detailed as Judge Advocate og the general courtmartal.
 It Is believed that the general court martial, over which Brigadier General Louis V. Clark of Birmingham will pre- side. will hold public sessions in the hall of the House of Representatives. It will be an imposing body of men. The officers are required to wear full uniform and military regulations will be strictly ad- hered to. Both Colonel Higdon and Lieu tenant Colonel Kyle will undoubtedly be represented by an array of legal talent and the State will be represented by Lieutenant Colonel Hubbard of Troy, who is junior commanding officer of the lst Infantry. @s.
 Colonel Brandon has been called to his home in Tuscaloosa by the indisposition of Mrs. Brandon. He will be absent sev- eral days.