The Montgomery advertiser., 1902-06-08
HIGDON LOSES HIS COMMAND
  Has Been Denied Court of Inquiry. ORDER CAME LAST NIGHT
 
Resulted After Conference
 With Gov. JelkS.
Judge Advocate General Hamilton
 and Adjutant General Brandon Conferred With Commander in-Chief Until Late Hour.

An order was issued last night from the Adjutant Generals office of the Ala bama National Guard relieving Colonel E. L. Higdon from the command of the 3rd regiment and placing the regiment under the command of Lieutenant Colonel F. F. Mcconnell The order was issued at Il p. m., after a conference between Gov ernor Jelks, Adjutant General w. w. Brandon and Colonel c. E. Hamilton, Judge Advocate General who came from Greenville last night to- meet the Gov ernor and Coolnel Brandon.
 There will be no Board of Inquiry as demanded by Col. Higdon. His demand for a Board of Inquiry was unprecedent- ed. It was based on no military law of ! the State of Alabama, although d para graph in the Articles of War adopted by Congress gives an officer the right to de- mand Court of Inquiry, which the commanding officer may allow or refuse in his discretion. The State law is made to conform as far as possible to the Articles of War It was stated posi- lively that no Board of Inquiry would be ordered.
 The Kyle court martial. six months ago, cost the State over s1,000 and the Gov ernor is opposed to any further expense of that nature.
 Result of Correspondence.
 The order relieving Colonel Higdon from the command of the 3rd regiment was the result of the correspondence between the Governor and Colonel Higdon, which was published by the latter last Monday. ln this correspondence Colonel Higdon stated that be did nos care t9 assGhie command of the regiment, from which he had been relieved in February, under the terms of Special Order No. 25 from the Adjutant Generals office. He inti- mated that he expected an expianation or an apology from the Governor for the latter's action in relieving him of his command.
 When the last letter of Colonel Higdon was received the Governor was on the eve of leaving for the commencement in Tuscaloosa. At the conclusion of those exercises he went to Jacksonville to attend the commencement exercises of the State Normal School at that place. He returned to the city last night when he immediately took up the Higdon mat ter.
 It is stated that Colonel Higdon's cor respondence with the Governor and his demand for a Board of Inquiry was a surprise to the men who successfully Iabored to restore harmony in the dis turbed regiment. When Governor Jelks issued his order in February relieving all the field officers of the regiment from their command it was known that he only desired harmony among the officers of the 3rd regiment. Elections to fill the field offices, it was understood would be ordered when the two factions had got ten together and agreed on officers that would be acceptable to both sides and who would be Loyalty sustained.
 Mcconnell for Lieut.. Colonel.
 The agreement that was finally reached included the election of F. P. Mcconnell as Lieutenant Colonel, and R. F. Simp- sen, J. L. Daniels and J. II. Rankhead as Majors. The agreement carried fur ther, it is sad, the restoration of Colonel
  nent. Colonel Higdon's friends were par ties to the agreement and voted for the compromise candidates as did the Kyle officers The election was ordered and the vote taken and the result announced un- der the conviction that peace would reign in the 3rd. Tho fact that the agreement was not satisfactory to Colonel Higdon was not made known until his corre- spondence with the Governor was made public.
 A second order was issued last night d. recting that the elections which have been ordered to fill vacancies in the line officers be sent direct to Lieutenant Col onel Mcconnell instead of to Colonel Hig- don as previously ordered.
 Text of the Order.
 The full text of the orders is as fol- lows:
 Montgomery, June :, 1902. Special Order No 2.
 T. Special Order No. % of date of May 20, 19O2 A. G. O., is hereby annulled, insofar as it relates to the commanding officer of the 3rd Infantry, Alabama Ma tional Guacd.
 '2 Colonel E. L. IIigdon is hereby re- ueved from duty as commanding officer of the 3rd Regiment, Alabama National Guard.
 @ Companies A. B, C, b. E. F. c. II. I. k, l., NJ. comprising the 3rd Infantry Regiment, Alabama National Guard will report through their company command CTS to Lieutenant Colonel F. F. Me Cornell.
 4. .Lieuterant Colonel F. P. NIeConnell will assume command of the 3fd Regi- ment, Alabama National Guard.
 He will be obeyed and respected ac- cordingly.
 By order of the. Governor.
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