The Montgomery advertiser., 1902-06-03
Third Infantry Trouble Has
Been ReOpened.
INTERESTING LETTERS
Commander Thinks He Was
Badly Treated.
He Says He Was Placed in Attitude
of Having Committed a Mill
tary ofense and Insists
Upon Trial ~
Court.

1t developed yesterday that a cloud has
again entered u-on the Third Infantry
horizon and that the trouble which beset
settled. Col. e. l.. Higdon, after being
retnstated to the command of his rcsi-
ment has demanded a court of hearing
and Governor Jelks has again relieved
him from his command.
This information does not come by way
of the Governors office Indeed. Hon.
j. X. jackson. private secretary to Gov
krnor Jelks said yesterday afternoon
that there was nothing in the 3rd
Regiment situation to make public He
said that elections would be ordered to
NIL the vacancies caused by the promo
tions of Captains j. II. Bankhead of Jas
rer, r. e. Simpson Of Florence and j.
l.. Daniels of Admission. just as soon as
the Adjutant General Col w. w. Bran
don returns to the State Capitol.
Governor Jelks Is absent In Tuscaloosa
attending the CONNIE rcement of the State
University.
Light is thrown upon the, Bird Infan-
try situation by Col. Higdon himself.
who has furnished the officers of his
between Governor Jelks and himself
which shows that the military .nudlle
is far from being settled.
In response to a letter written to the
Governor by Col Higdon demanding that
an explanation be given of the Ter of
January 20, relieving him, together with
his staff and field officers. from the COM
mand of the regiment. or else revoke so
much of the reinstatement order as APP
ried to himself, the Governor has again
relieved Colonel Higdon of this comma I'd.
AS a consequence Colonel Higdon has
demanded court of nearing. The cor
respondence between Governor jerks and
Colonel Higdon Is given publicity by Col
onel Higdon and he issues a statement to
the effect that the correspondence Is
given to show why he has not assumed
command after being reinstated.
Higdon to the Governor.
The correspondence, which makes clear
the whole situation so far as the position
taken by Colonel Higdon is concerned, is
herewith published
headquarters Third Infantry.
Alabama National Guard,
Birmingham, Ala, May 30, 1902.
ITO His Excellency. William d. jerks,
Governor. Montgomery. Ala:
Sir am today In receipt of special
cial order No. s. A. G. o., of date jan
uary 90 1907, and directs me to assume
command of my regiment.
Your excellency will doubtless remem-
Der that on February q. 1902. 1 had the
honor to address letter to you in which
| stated that since re ceiving special or
der No. s, suspending me from command
| of my regiment, had patiently awaited
your furtner orders.
In that letter l stated to your excel
lie lc- that ! had been elected colonel OF
the Third Regiment on March 20. l90l
had been duly commissioned as such. and
had at all times performed the duties OF
the office to the best of my ability, ana
without fear or favor to anyone; that
had never shirked a duty. but had
promptly executed all orders issued me,
often at great personal expense and in
convenience to myself; that your order
published at the encampment last year
complimentng me and my command, ana
YOUR words of appreciation for the
promptness with which 1 assembled and
took command of two attachments which
went to Ashville last year to sustain the
law. proved to me that. up to that date.
you were proud of the regiment 1noer
my command; that since then had con-
tinued the same policies and had secured
your appreciation.
81 referred to the unfortunate contro-
versy which had arisen between the lieu
tenant colonel and myself and stated that
before taking any steps in the matter. l
had consulted YOU and the judge advo-
cate general. and had asked your advice
upon consultation. then, l withdrew The
filing of the charges and specifications
until 1t could be ascertatned whether or
not the matter could be adjusted without
a courimartiai. and that uEon the failure
to make such adjustment, l filed the
charges and you approved my action by
promptly ordering the court.
II further stated that I had been sus-
rended with my entire staff and placed
In the attitude of having committed some
cffense, as an officer of the National
Guard requested you to re-instatc me
or to suggest the proper course Tor me
to pursue. as the condition of the regi-
n ent did not I'D to promote the organl-
cation.
Governors Answer.
ITO this letter I received. after some
Gays, the following reply:
State of Alabama.
| Governors Office.
| :" Montgomery, Ala. March !. 1902.
Colonel E. l.. Higdon, Birmingham:
Dear Sir-The Governor directs me
| to acknowledge receipt of your letter
of recent date and to state to you that
he has same under advisement and will
| sooner or later write you definitely there
to. Very truly yours,
| " Private Secretary
Says he Has Waited.
For three months | have patiently
| waited your advisement and definite re-
ply. and none have come.
Il pre- sumo. from this long delay
that your EXcelency found the state
ment of facts in my letter of February
-, that met with your dissent.
Possibly your Excellency may con-
slider Special Order No. IS received to.
day. resto;.%g me to my command. &
| sufficient answer.
when an officer is relieved from his
command. and thus prohibited from
office, it should be for some just cause
or at least upon some charge of incom
potency, or of neglect of duty, or fol
the violation of some order, law or
regulation that he may be bound to OBJ
serve. Such an order carries with 1t th'
implied reproach that he has failed il
the discharge of some duty. The mere