The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1902-01-11


Colonel Higdon was declared elected True
to the promise | made them, l simply
went on and attended to my own business
and said nothing. The first paper l got
from Colonel Higdon was the open letter
dated April 20, addressed to the commits
stoned officers of the Third Infantry. In
this paper, you will notice. he says: IF
you are SO situated you cannot give the
office you are holding the attention it re-
quires you owe 1t to yourself, as we'll as
the regiment, to elect some man who will
give the office the time necessary"
thought that was intended for me. but
also thought it was intended for Major
Parkes and Huey. so l said nothing and
went on and attended to my duties as
circuit judge.
'The next communication 1 got from
Colonel Higdon is the one of date May
Z, In which he requests me to accom-
pany him on a visit of inspection to vari-
Gus military companies in North Ala
bama. At the time i received this letter.
request, or order, whatever it be, | was
engaged In holding the Circuit Court in
Morgan County. l did not obey this let
ter, not only because I was already en-
gagged in the service OF the state, at that
time. but because i knew that Colonel
Higdon had no authority, as a matter of
law, to write this letter. The law makes
no provision for paying me any of these
expenses, and knew as matter of law
that he had no right to make that order
You will notice from this order that he
would inspect Company F at Huntsville
May IA. The day after that, of course,
was May 10, and that was the day met
Colonel Higdon in Decatur in front of the
Bismark Hotel at the depot in front of
Captain Prior and other gentlemen. I
did not know that he was there when
went down, but he happened to be there
and gave me his chair and we sat down
and talked at least twenty minutes, may
be longer In that conversation we talked
about the inspection. | asked him about
the company at Huntsville. My best
recollection his remark was that 1t was in
rather ragged condition. ] asked him If
he was going to attend the Florence in
spection, the company there, and he said
no, he was not going on that trip. | told
him / was engaged in holding court In
Decatur at that time. The next commu-
nication, which Is marked (unofficiaD is
of date May 16. l have no recollection
of ever having received any such paper
from Colonel Higdon.
Judge Advocate--We object. II the court
please, that has been ruled on by the
court and is not in evidence.
Colonel Kyle-I understand it has been
ruled out. but l would like to explain
why ] did not answer 1t. because on the
face of it. 1t is a perfectly respectful let
ter, and there is no reason in the world
why | should answer It, and / would like
to tell the court.
Judge Advocate don't object to 1t go
ing in | offered 1t, but have no objection
to its going in evidence.
General Oates-It has been ruled out.
Went to New York.
Colonel Kyle-On the 18th day of June
1901, l was in bad health and l left De-
catur and went to New York. landed in
New York on the 18th day of June, 1901.
When / returned-my best recollection
it was on the afternoon of the 18th of
August, and as l made note at the
time on the back of the order, ! did not
read the order ordering me to encamp-
ment until August 16. I did not read my
MALL had quite quantity of it-until
the next day But whether l did or not,
that is my best recollection. l got the
order on the 18th or 10Th of August, 1901
the order of date July l, 1901, ordering me
into encampment in the month of July.
The encampment had been held and
gone and ! will state in this connection
at the time l left on the 18th of june
while | reasonably knew that encamp-
ally held once a year. no order had been
issued for holding an encampment that L
remember On the 18th of August-within
one or two days after l got back from
New York; received this letter from
Colonel Higdon, to which l made reply
that | did. In this letter that Colonel
Higdon sent me of date August II, 1911.
he stated, in substance. that he thinks
that it was time. | was spending some OF
my time and some of my money towards
the upbuHding of the military. and II |
was not going to do 1t that he would GER
tainly expect my resignation. He winds
up that letter by saying If he does not
get a satisfactory reply from me at once
that he will bring the matter before the
Governor ! knew that 1t was not an Of
fetal letter for several reasons. First, Of
fetal communications under military law
and military practice are sent through
the adjutant of the regiment; second, l
knew as a matter of law that Colonel
Higdon had no right to require me to
spend any of my money towards the up
building of the military; third, ! knew
as a matter of law that Colonel Higdon
had no authority, as my superior officer
to demand my resignation either directly
or In a qualified manner, as he does In
this letter.
Il considered 1t as a personal letter and
answered 1t as such, and you Will notice
that | simply signed % Kyle" and not
in any official capacity. That Is the rea-
son. gentlemen sent the letter that I
did. That letter was mailed by me on
the noon train about o'clock. August
2o 1901. Nobody knew anything about
that letter except two friends whom I
had consulted before ] had sent It, and
nobody knew anything about 1t so far as
| was concerned. for at least six weeks or