The Montgomery advertiser., 1902-08-13


est man in the State and as worthy OF
justice at the hands of the chief execu-
tive
again respectfully demand Justice or
a court Of inquiry to ascertain and find
whether l have done anything to merit
suspension from the exercises Of my du-
ties. obligations and rights as Colonel Of
the Bird Infantry, Alabama National
Guard.
Very respectfully.
e. L. Higdon.
Colonel 3rd Infantry. A. N. G.
Governors Reply.
Chief Executive Department Alabama,
Montgomery. July T. 1902.
Colonel e. L. Higdon, Birmingham. Ala. !:
Sir-Your letter Of the Both Of June is
at hand. 1t seems to have been delayed
several days in the mail.
beg to say that you and other officers
Of the 3rd regiment were relieved from
further service In connection with the or
ganization because of a painful lack of
harmony. to speak mildly, which was
known to the whole State and was most
Incompatible with any kind of efficiency
Of the regiment as such. / relieved you,
because Of any special charge against
because of any sptcial charge against
either Of you. but in the interest of the
PUBIC service. renewed all Oh YOU Oh
equal terms. The official order has not
been construed, so far as know or have
heard, as reflection upon the "honor"
or reputation Of any Of the said ON
GERS IL I except the complaint which
comes from you. 1t was not my purpose
to express or imply a reelection upon tho
honor" or reputation" of any of the
relieved parties. The conditions in the
regiment were intolerable and my action
was taken in the interest of the military
service of this State.
The other officers resigned. You held
your commission. I ordered an election to
fill these vacancies just as heard that
harmony was In sight with a view, point
edly and positively expressed, Of restor-
ing you to your command. You were re-
stored and honorably restored-I could
not have dishonorably restored you--and
l was greatly surprised to hear that this
action displeased you. You then asked
for an annulment of the order restoring
you. I did not annul the order but re-
lieved you again. You have no reason
able cause for complaint.
1 decline to convene a court of inquiry
because know of nothing to inquire into
The reflection cast upon your honor"
and reputation Is entirely fanciful.
1 am, sir,
(signed) w. D. Jelks
Asks to Be Restored.
Headquarters Bird Infantry. A. N. G.
Birmingham, Ala. July 10, 1902.
Hon. w. D. Jelks, Governor. State of
Alabama, Montgomery. Ala:
Sir-My absence from the city has pre-
vented an earlier acknowledgment of your
| letter of July Z. note that you relieved
me not because of any special charges
against me, and that 1t was not your
purpose to express or imply reflection
| upon the honor or reputation of anyone.
I note also that you decline to grant me
a court of inquiry, because you knew
| nothing to inquire about. Had Your FIX
cellency made these statements when l
| first requested you to make them 1 should
| not have demaded a court or asked for a
| RECESSION of your former order. It Is all
| that 1 desired you to say. and 1t seems
| to me- with all respect, that YOU should
| have said 1t then. Your letter shows you
| did not intend to reflect on my compe-
| tency or honor, or to charge me with any
| offense or misconduct, and l, therefore.
respectfully request that be restored to
my command with all the authorities 1t
| carries. Very respectfully,
f. l.. Higdon.
Colonel 3rd Infantry, A, N. G.
No Action Now.
Montgomery. July q. 1902.
| Colonel r. L. Higdon. Birmingham. Ala.
Sir-I am in receipt of your letter of
| July 10. and beg to say that I shall not
take up the 3rd regiment matter for the
present.
| 1 note that you have come to the con-
| clusion that you were not restored dis
honorably. but quite the contrary. l do
not think there was any occasion for a
l l1-s, 81 Nt,n 4ar
| l am sir, Yourstruly.
| (Signed) w. d. Jelks.
| Still Urges Action.
Headquarters Bird Infantry,
Alabama National Guard.
| Birmingham, Ala, July 81. 1902
Hon. w. D. Jelks, Governor. Montgom-
| cry, Ala:
Slr-I have the honor to acknowledge
| your favor of the 18th instant, and 1 note
| that for the present, you will not say
| whether You will or will not restore me
to my command and you note that
have come to the conclusion that your
former order did not dishonorably restore
me.
1t is evident that former correspond
ence. the manner In which the outcome
of the courtmart!al proceedings has beer
treated by some of my enemies. the long
| suspension from my command. after
had followed strictly your instructions In
all military matters. and the failure OF
| anyone to consult me in reference to the
harmony ticket agreed upon before you
| ordered the election for field officers
| that was not without some Justification
| at least, In taking the position l did in
| endeavoring to learn what were your feel
ings in the matter before accepting your
| reinstatement: for that reason, as I tell
| YOU frankly, that l could not, and would
not again have accepted office under you
| IL believed that you at any time con-
sidered that / had in anywise dishonored
| the command commission that held
Had Your Excellency replied to my
letter of February p, or May 30 and ex-
pressed your feelings and object, as you
did to my letter of June 80. there could
have been no. misunderstanding between
| us. / am now convinced that you did not
| intend to reflect on my actions, ability
| or reputation and such justification Is
| what I have been seeking. In my letter
| of Nav 30 I asked to be relieved until
| YOU. as commander-in-chief.w would do me
| the Justice to plainly state that l had
done or invited nothing worthy OF your
| censure. or give me an opportunity, as
| provided by law. to defend myself of any
charge or reproach you had against me.
| You have now eXcnerated me from any
onfense. I have respectfully asked you
TO restore me TO my command. am
aware of the present conditions in the
state. which throw upon you many I'M
usual engagements. and much matter for
the detention from the usual public bust
ness of the State: but I feel quite sure
| A. .s,..,,o QUESTION before YOU is one of