The Montgomery advertiser., 1902-02-02
OTHERS MAY FOLLOW SOON
Action of Chief Executive is
 Applauded.
Every onicer In National duard Outside of Third Regiment Pleas ed That Controversy is
 Settled.

Lieutenant-C Colonel of the Srd infantry Alabama National Guard. was received at the office of the Adjutant-Generai yesterday. but in the absence of Adju- tant- General Brandon. the resignation was not forwarded to the Governor. N H. Jones, Secretary to the Adjutant-G Gem eral, merely called upon Governor Jelks and advised him informally that he had received the resignation of Lieutsnant- Colonel Kyle.
 The Governor said he had not seen tha resignation. adding that he presumed IT was framed in the customary military form. He indicated that the resignation would be accepted as soon as it reached him The Governor said he had not re- ceived the resignations of any other of- ncers of tho 3rd infantry. and that tha so far as the regiment is com cerned was unchanged.
 Col. W w Brandon, Adjutant-G General of the Guard. Is at his home in Tuscas loosa He is expected in Montgomery Monday. It is believed that when he re- turns to his office an order will be issued accepting the resignation of Iieutenant~ Colonel Kyle. The same order may give notice of an election In the 3rd infantry to choose the successor to Lieutenant- Colonel Kyle. Such an order would not affect the field and staff officers. who ara temporarily relieved from dutys as only line, or company officers arc permitted under the regulations to vote in elections.
 Charges of Higdon.
 Lieutenant-Colonel Osceola Kyle Is the officer of the srd infantry who was re- gently prosecuted before general court
 .I~.k~ ~.x 4R Capitol. The charges were preferred against Lieutenant-C Colonel Kyle by Col. P. L. Higdon of Birmingham, who com nands his regiment. Leutenant-ColonxI Kyle was found guilty of one of the charges and was sentenced by fhe court to pay q me of sL Governor Jelks set the verdict aside and relieved all of tho
 field and stan officers of the srd infantry from duty. including Lieutenant-ColoneI Kyle and Colonel Higdon.
 It will be remembered that Ldeutenant- Colonel Kyle testified at the trial that he had reason to believe that the Governor would have accepted his resignation at any time before the trial, thereby putting stop to the courtmartial proceedings. but that he was determined to have his controversy with Colonel Higdon thor oughly aired before a courtmartial be- fore he resigned his commission. The IElenOS or l<euIGnaut-ODlOuet EAtlG E0IA~ tend that in sending his resignation to the Governor immediately upon learning of the verdict of the court, Lieutenant- Colonel Kyle is merely adhering to his original determination to resign his com- mission immediately after the verdict was announced. They say further that Kyle would have resigned no matter 'what verdict was returned. and that he does not resign because of dissatisfaction with the verdict.
 Governors Action Applauded.
 Military men in Montgomery applaud the action of Governor Jelxs in disap- proving of the finding of the courtmar- tiaI and also his action in relieving the field and staff officers of the srd infantry from duty temporarily, Naturally tha officers of the Guard are cautious in al- lowing the use of their names in connec- ton with the controversy, but they speak with perfect freedom to their friends.
 Tt Is safe to say" said one officer yes- terday that every officer in the Guard outside of tho 3rd Infantry is pleased with the way the Higdon-Ryle, con- troversy ended. There is little doubt that the court intended to rebuixe Kyle for sending a harsh letter to his superior. officer and this is why his fine was placed at the minimum. The Governor found the best way out of the matter by setting the verdict aside and administering a reprimand to all officers who were i1n- plicated in the unfortunate difficulty. No one can doubt that the intent of the order relieving the officers from duty tenn porarily means that the Governor would like to have the resignations of these men In order that he may recrganize this regiment and thereby improve it's condi- tion."
 Do you think Colonel Higdon would be reelected to command the regiment if an election was ordered?" this officer was asked.
 T understand his friends claim that he has twenty-nine votes out of forty four" he replied. But you know tho Governor might not issue commission to him." the officer added significantly.
 Governor Congratulated.
 Governor Jelks has been generally commended for his action in setting aside the verdict of the courtmartial and re- lieving the officers of the Snd Infantry from duty. Nearly every person who calls at the Executive Department cen graduates him upon the ending of the controversy between the officers and his action upon the verdict
 The courtmartial which tried Lieuten- ant Colonel Kyle cost the State some- thing over q, 900. The State Treasurer has already paid out S695.4S on account of the court and none of the witnesses have been paid. Of this amount S10032 vas paid to Colonel R. B. duMont of Noble, president of the court for per diem and mileage. Other members of the court were paid the following sums on ths same account: Lieutenant Colonel c. s. Mcdowell. $51 20; Colonel E. H. Graves, s5S 10; Lieutenant Colonel H. B. May, $7.72; Major Edward M. Robinson. S75. .42. Lieutenant Colonel Graph J. Hub bard, Judge Advocate of the court was paid s114.T3 and Pat McGauiy. stenog- rapher of the court received S26S.
 The witnesses and sentinels are yet to be paid. The officers who, were sum moned as witnesses will be epald aecord- ing to their rank. The civilian wit nesses will be paid at the same rate as other State witnesses. but the amounts will of course be charged to the account