The Montgomery advertiser., 1902-08-13
JELKS AND COL. HIGDON
THIRD REGIMENTS TROUBLES
AGAIN AIRED.
Deposed Commander Makes Public
Correspondence in Regard to His
Application for Reinstate-
ment-Jelks Declines to Act.


brought before the public. Colonel Hig-
don publishing today the correspondence
between the Governor and himself rela-
tive to his last suspension and the refusal
Of the Chief Executive to reopen the case
at this time. Colonel Higdon's state
ment and the correspondence follow:
Birmingham, Ala, Aug. II, 1909.
ITO the public:
Having received many communications
and personal inquiries from my friends
asking IL ! had been exonerated by the
Governor. and why had not been restor-
ed to the command of my regiment, In
justice to myself and to show to my
friends and to the public that have done
everything in my power to adjust the
matter by correspondence direct with the
Governor. I publish the correspondence
that has passed between His Exceilency
and myself since he has suspended me
from my command the second time.
MY friends and the public will see
fran the correspondence that at last,
after repeated respectful requests, ap-
peals and demands for right and justice
as provided under the constitution. have
succeeded in getting His Exceiiency to
plainly say that he had no charges
against me and that 1 had violated no
law, nor did he mean any reflection upon
my honor or reputation. Then why should
/ be further deprived of the command
to which l was lawfully elected? II His
Excellency should be elected Governor,
would he wish to be deprived of exercis-
Ing his duties and obligations? Would he
wish to be suspended from his office for
more than seven months for trying to dc
his duty and carry out his oath of office
as have done? Would any officer elect
ed to any position like such treatment?
MY enemies and some of those who
do not know the real conditions exist
ing in the recent controversy say that
| should have resigned when the other
field officers who were suspended did So
II / had not conferred with His Excel
lency OH all military matters. obeyed his
commands and followed strictly his in
structions anxious at all times TO aid
him in every way possible, or II 1 had
been disrespectful to him and tried TO
autaeonize his administration as did the
officers who resigned with one exception
antagonize the administration OF their
commanding officer. then / would have
been the first man to accept the oppor-
tunity he offered to resign.
''If the commander-in-chief had con-
ferred with me, the commanding officer
of the regiment, and given me the same
| support when he thought there was a
psinfui lack of harmony in the regiment
as he did when he called upon me for
duty to preserve the honor of our state
and enforced the law that dishonorably
discharged a private from the National
Guard and in the case of an officer COM
hitting the same offense he was allowed
| to resign, l would not have been deprived
| of my command and there could not nave
been q painful lack of harmony in the
regiment II I had gotten this support
| all members of my regiment, whether OIL
ficers or privates would have been taugh'
| the first principle OF a true soioier- oDes
1 orders"
1.-THE correspondence speaks for itself
| 7 nut the question to every honest mar
who believes in right and justice TO al
| alike whether he be rich or poor, proIes
sional man, laborer or politician, has hi'
| Excellency done unto me as he would AXE
others do unto him?
| Very respectfully,
e l.. Higdon."
| The Correspondence.
4 The letters referred to in the above
| follow in the order which they were writ
! ten.
| Birmingham, Ala, June 80. 1902.
| To His Excellency, William ID. jerks
| Governor, Montgomery, Ala.
Sir-On June 2 had the honor to write
/
| inquiry TO determine whether 1 had com
mitted any offense that justified my sus
| pension from the command of my regi
ment for four months. have so far failed
| TO receive any reply, but the suspension
| is renewed without any charges belns
preferred. The newspapers print mat Il
| is not your purpose to give me any op
portunity to acquit myself of the re
proach you have placed upon me. 1t /!
hard for me to believe that this state
ment is made with your approval, or tha
| such ~ your purpose.
/ respectfully call your attention to th'
military tribunals that alone have power
to convict and punish soldier.
| First-Court martial for the trial O.
| offenders against military laws.
Second-Courts Of inquiry for examin
| ing transactions of, or accusations
against, officers and soldiers.
| l also respectfully call your attention u
| the twenty ninth article of war, which Il
made operative by our statute in Alaba
| ma, viz: When an officer thinks himsei
| wronged by any officer he may ask tn
commander in chief of the State or Ter
ritory where regi nent is stationed to giv'
him an opportunity to vindicate himself
| and that such commander shall mo
may) examine into said complaint, anC
| take proper InedSlu luz ICAA OSSAh6 hh'
wrong complained Of
| have never been called to trial no
confronted with any accusations. ant
| vet have been convicted. and my re
spectful demands for a court of inquiry
| was the only course / had for amy rem
| edy, and so far your excellency has de
MED me that which the law says l an
| entitled to and the commander shall
| grant You have deposed me from al
| office that 1 did not hold by your excel
lency's favor. but by lawful election. anC
put in military disgrace. ! know of NJ
law that authorizes your excellency Il
suspend an officer for four months. Arm!
| regulations declare that when an office
! is relieved from duty. charges must b.
| preferred against him within eight day
from date Of such suspension, and pre-
| sumo your excellency intends to, as tn
Constitution declares you must do, "se
that the laws are faithfully executed
Your Excellency has pardoned man!
from the penitentiary after they had beei
found guilty of serious crimes by impair
tIal juries and after sentence by tn
courts, you have resto: ed these felons t
their families, and l can hardly suppos
that in your opinion my rights. my honor
my good name, my wife and children, ar
more worthy of your 'excellency's consid
| Grafton than the wives and families o
these felons. Nor do l believe that you
excellency would measure dollars agains
| Justice You will remember that l urge
YOUR exceuency TO assemble the court tina
tried Lieutenant Colonel Kyle in Biz
| mingham, which would have saved tn
travelling expenses of nearly every wit
ness in the case. Not having considers