The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-14
Asks That He be ReinStated
to Command
STATEMENT OF HIS CASE
If Governor JeIks Fails to Relnstate
Him, Mandamus Proceedings
VIII Be Instituted to Com
pei Such Action.

The first move in the fight of Col. E. L.
Higdon to be re-instated to the command
of the Third regiment, Alabama Ma
tional Guard. was made yesterday when
Colonel Higdon wrote q formal demand
to Governor w. D. felix's that he be re-
instated to his command.
J. E. Stallings. attorney for Colonel
Higdon. gave out a copy of the letter last
night. The original was mailed with a
special delivery stamp. and had time to
reach Governor Jelks yesterday after
noon.
According to the articles of war Gov
ernor Jelks will have to reinstate Colonel
IIigdon within eight days or file charges
against him, which will be tried by a
courtmnrtial. Should he fail to do either
of these. mandamus proceedings will be
instituted by Colonel Hlgdon's attorney
seeking to have the colonel reinstated at
once.
May File Mandamus.
The mandamus will be filed in the Cir
cult court at Montgomery and should 1t
fail there 1t will be carried UP as high
as 1t can CO. If the mandamus is granted
then 1t is stated that Colonel Higdon
will file q personal suit for damages
against Governor Jelzs. The amount of
this has not been determined.
Attorney Stallings will send to Governor
Jelks, within a few days. copy of the
brief which he has been making out. The
mandamus will follow closely on this, and
it Is stated 1t will be filed before Christ
mas. The brief will set forth that under
military rules an officer cannot be re-
moved from duty unless charges are pre-
ferred in eight days. 1t further claims
that Colonel Higdon was relieved Of duty
and no charges were made, and that he
was not reinstated for a time much
longer than eight days. 1t further sets
forth that Governor Jelks does not have
the power to relieve an officer from duty
for an indefinite length of time without
preferring charges.
Higdon's Letter.
The letter sent to the governor is as fol-
lows:
Headquarters Third Regiment,
Alabama National Guard,
Birmingham, Ala, December 10, 1902.
His Excellency, w. d. Jelks, Governor,
Montgomery, Ala.
Slr-On the goth of January, 1902, was
relieved of the command of my regiment
Third infantry, A. N. G., by special order
No. 8. Special order No. was annulled
by special order No. rs, and by virtue Of
said last order l was restored to the
command of said regiment on the 10Th
day of May, 1902, by your excellency, and
special order No. 81, bearing date of
June 7, 1902, again relieved me from COM
mand of and suspended me from duty
with said regiment over my protest. Said
suspension from command and relief
from all military duty with said regi-
ment has continued from said above
named dates, except as above set out,
without cause assigned therefor, or
charges preferred against me for the
violation of any civil or military law, or
neglect of any official duty, either under
the articles of war, or statutes enacted
by the law-making power of Alabama for
the government and control of the Ala
bama National Guard.
l therefore have the honor to request
and most respectfully demand that your
excellency Immediately reinstate and re-
store me to the command as colonel Of
the Third infantry A. N. G., to which
position I was duly and legally elected
by authority of general order No. 3,
bearing date of March 1, 1901, issued by
the Hon. w. ]. Sanford, then governor
of Alabama, or under the authority of
the then governor of Alabama as COM
mander-in-chief of the Alabama National
Guard, and by virtue of said order, l was,
on the 10th day of March, 1901, elected
colonel of said Third infantry and COM
missloned as such by his excellency the
Hon. w. ]. Sanford, the governor of Ala
bama, on the Sth day of April 1901, for
the term of four years from the date of
the said commission.
1 have the honor to be. sir, very re-
specially, q. L. HlGDON,
Col. Third Inf, A. N. g.