The Birmingham age-herald., 1902-06-03
Colonel Hgdon Requests Court ofLnquiry to Inquire
 Into His Official Conduct

 mand, from the 29th of January to the 2sth of May, is a sufficient punishment | for some offense that have been guilty of that has not been made known to me | or my regiment.
 Were an honorable man charged with some grave offense, and being ready to meet 1t before a jury, he would hardly be satisfied ffr the prosecutor to with | draw the charge without in some public manner acquittng him of the supposed | crime.
 | 'I feel that I have been guilty of no | sin of omission or commission in the | discharge of my duties as colonel Of the | Third Regiment, and that l should have the opportunity in the manner provided l by law to defend myself of any charge or reproach, and be confronted with the charge and my accusers; or that your Excellency should plainly and publicly 1 do me the justice to state that l have done or invited nothing worthy of your 1 censure, one of the things l think any officer may justly ask of his superior, l and beg respectfully to state that until one of these things Is done by your Ex- | cellency as commander-fn-chfef, 1 do not | desire to resume command of my regi- ment, and I therefore respectfully request 1 that you will revoke and annul so much of special order No. 25 just received by me- as restores me to command of my regiment, Very respectfully,
 "E. L. HIGDON, "Colonel Third Regiment, Alabama Ma
 tional Guard"
 Governors Second Letter. 1 Montgomery, Ala, May .31. 1902. Colonel F. L. Higdon. Birmingham, Ala: Dear Sir-The Governor is this morn- | ing in receipt of your letter of yesterday | and notes your request for the annul- ment of Special Order No 25, A. G. o.
 ''I'he Governor directs me to express his regret at your determination and to ad- vice you that he will instruct the adju tant general to issue an order relieving you, as you request, of any duties in con- nection with the Third Regiment.
 That officer Is absent today and the Governor will be absent from the capital the greater part of the coming week In attendance on the commencement exer- cises at the State University; but as soon as the Governor returns the matter will have attention and in accordance with your wishes. Very truly yours,
 U. K. JACKSON,
 Private Secretary"
 Headquarters Third Infantry, Alabama National Guard, Birmingham, Ala, June g. 1902. ITO His Excellency, w. D. Jelks Cover nor, Montgomery, Ala:
 "Sir-I have the honor to acknowledge the receipt this day of a letter of May 31 from your private secretary saying that you had directed him to express your re- gret at my determination and to advise me that you will instruct the adjutant general to issue an order relieving me as l request, of my duties in connection with the Third Regiment
 Io0o l have made no such request, and I re- spectfully protest against any such as- sumption. I stated in my letter of May 30, in substance, that I had been sus- pended from my command without any charges having been preferred against me, and without cause, and that I de- sired your excellency to do me the justice to take such action that I should have the opportunity, in the manner provided by law, to defend me of any charge or re- preach, and be confronted with the charge any of my accusers df any there were) or that your excellency should plainly and , publicly do me the justice to state that l have done or invited nothing worthy of your censure, and that until one of these things were done I did not desire to resume command of my regiment. and requested that so much of special order Mo- 25 as restored me to the command of | ny ieBiHleIt SHOulu De annulled Misunderstood Request Your excellency will see that this is | entirely different from a request to be relieved of the command of my regiment. l The letter of your private secretary construe as refusal on the part of your exoellency to state that have done or in- | vited nothing worthy of your censure and that l take it as' a refusal on your mart voluntarily to give me an opportunity to be confronted with any charges that may exist against me, and my accusers. For these reasons and having been cut off by your excellency from any other way of exonerating myself from the re- proach you have put upon me I respect fully demand court of hearing to de- termine whether or not have done any, thing worthy of punishm ent, without A trial, and without opportunity of defense "Very respectfully,
 'E. L. HIGDON Colonel Third Regiment, Alabama Ma tional Guard
 Regiment Notified.
 Headquarters Third Infantry
 Alabama National Guard, Birmingham, Ala, June g. 1902.