The Montgomery advertiser., 1902-01-30
Field and Staff ; lieers
 Relieve
 -$ GOV. JELKs g. COMMAND Company Commanders Must
 Report to Him. He Says If Colonel Kyle is Guilty of Charge Punishment is Inade- quate-verdict of Court
 in Full.

martial was made public by Governor Ielks yesterday evening. The court finds Colonel Kyle guilty of disrespect to Col onel Higdon, his superior officer, in hav- ing sent to him an insulting letter anu sentences Colonel Kyle to pay me ot s1, in default of which he is to be im- prisoned for one day in the Morgan conn- tv iail. Colonel Kyle was found not guilty of all other charges preferred against him.
 Governor Jelks set aside the finding or the court that Colonel Kyle was guilty or sending an insulting communication 10 Colonel Higdon and also set aside the sem tence upon the ground that if Colonel Kyle was guilty of such serious breach of military discipline the sentence or the court was wholly inadequate as pun ishment. The Governor followed thls action by directing the AdJutant Seh- eraI to promulgate an order rehevihs all field and staff officers of the Third Infantry from present duty. This order will apply to Colonel Higdon and Lieutenant Colonel Kyle. For the pres-' ent all company commanders will re- port direct to the Governor through the Adjutant General as Governor Jelks has assumed personal command or Colonel Higdon's regiment.
 Charges Preferred.
 It will be recalled that Colonel F. L- Higdon of Birmingham. last winter pre- ferred charges against Lieutenant Colo nel Osceola. Kyle of Decatur of conduct unbecoming an officer and gentle man" Kyle and Higdon are officers of the Third Infantry. The charges grew fe, fn- don by Colonel Kyle, in which Colonel Higdon was called harsh names. A gen- eral courtmartial convened at the State Capitol January 10, to hear the evidence in the case. Tie court consisted of Col onel R. B. duMont of Mobile, Colonel E. Fl. Graves of Eufaula, Lieutenant Colonel H. B. May of Montgomery, Lieutenant Colonel c. S. Mcdowell of Eufaula and Major E.. M. Robinson of Mobile. After sitting five days the verdict sealed and signed by the president, Colonel duMont, and Judge Advocate Lieutenant Colonel Graph J. Hubbard of Troy, was submit ted to Governor Jelks
 Great interest was manifested in the progress of the trial of Lieutenant Col onel Kyle and the verdict of the court has been awaited with anxiety by off,
 Verdict Set Aside.
 All of yesterday was consumed by Gov ernor Jelks in consideration of the find ing of the courtmartial. Early in the day Colonel Francis G. Caffey of Mont gomery, Judge Advocate of the National Guard, called at the Governors office and was closeted with the Chief Execu- tive and commander-in-chief of the Guard for some time. Colonel w. w. Brandon. Adjutant General of the Guard was also called into consultation at va- rious times during the day. Late in the evening the Governor announced the finding of the court and also that he had set aside the verdict of guilty. In re- viewing the finding of the court that Colonel Kyle is not guilty of the charges preferred under the Articles of War the Governor says is neither approved nor disapproved for the reasons that he deems 1t best not to pass upon matter that seems to demand judicial decision.
 The finding, of the courtmarthl that Lieutenant Colonel Kyle is not guilty specifications was approved by the Gov ernor.
 Special Order Issued.
 In concluding his review of the case Governor Jelks makes this significant statement: The condition of the Srd In- fantry shown by the record in this case has suggested to me to direct the issu- ance of special order No 8 of this date"
 The special order referred to by the Governor relieves all of the field and staff officers of the regiment from pre- sent duty and instructs company com manders to report direct to the Governor through the office of the Adjutant Gen eral
 Among the officers affected by the order are Colonel Higdon, Lieutenant Colonel Kyle, Major T. T. Huey of Bessemer. Major w. J. Parks of Birmingham, Major H. H. Mcconnell of Anniston, Cap tain w. E. Gardner of Birmingham and Captain H. B. Kennedy of Birmingham. Captain Kennedy will only be relieved from the post of acting adjutant of the regiment. He commands one of the Birmingham ipfantry companies attached to the 3rd Infantry.
 Asked for an interview concerning the future of the 3rd Infantry Governor Jelks replied:
 Will Run Third Regiment.
 The order simply means that for the present l will run the 3rd infantry my self. Under the present conditions exist ing in that regiment, we cannot expect good service"
 The Governor has not the power to re- yoke the commission of an officer of the National Guard, but he has the power to relieve them from duty temporarily or in- definitely. The field and stan officers Of the Srd infantry will continue to be re- garded as officers of the Guard and must be respected accordingly, but they are officers without command
 Military officers unhesitatingly predict that all of the officers relieved from duty by Governor Jelks will tender their resig nations at an early date, and that the regiment will be practically reorganized. They also predict that the action of the Governor will cause considerable con fusion in the regiment, and the probable disbandment of several companies which form the regiment.
 Certainly, the Governor cannot be ac- cused of being partisan in the matter" said an officer last night. 1t seems to