The Montgomery advertiser., 1902-01-31
KYLE-hIGDON MATTER
SUBJECT OF GREAT INTEREST
 IN BIRMINGHAM.
Captain Gardner Says That If An other Election is Held Higdon is Sure of 29 of the
 A Votes.

Birmingham, Jan. 30.-(Special.) .)-The re- suit of the courtmartial of Lieutenant Colonel o. Kyle of the 3rd regiment. and the action of Governor Jelks in relieving all field and staff officers from present duty after setting aside the verdict of the courtmartial. has been the talk of the city today. Military men and those interested in military affairs have been heard on the subject and the opinion Is that the matter will right itself shortly.
 Colonel Higdon was seen this morning, but he had nothing to give out. He ex- pressed confidence in what the Governor did being for the best of the service. Military men friendly to Colonel Higdon announced that the mtatter would seek It's level in a short while, and that ah- other election being ordered, Colonel Higdon would most likely be reelected. The action of the Governor in relieving the field and staff officers of the entire regiment was not surprising to some of the military men in this section.
 Quite large number of friends of Col onel Higdon were callers at his office this morning The Colonel was in his usual good humor. and when spoken to as Colonel. Eigdon," corrected his callers with "Mr. Higdon. now sir. please" Col onel Higdon had no words of comment to make, and he refrained from express ing an opinion as to the result of another election, should one be held.
 Captain and Quartermaster Walter Gardner was liberal in his talk If an other election be ordered" he said, "Col- onei Higdon is sure of being reelected Colonel of the 3rd regiment. The regi- ment has forty-four votes. and Colonel Higdon is absolutely sure of twenty nine of these. believe that Colonel Higdon will be vindicated with a good vote and his friends here are anxious for the election to be announced so that the Colonel can snow his strength
 There Is diversity of opinion concern ing the suspension of the field and stan officers. Some express the view that the Governor overstepped his constitutional authority in this action, taking the posi- tion that the suspension is a punishment and no commander-in-chief has the right to punish inferior officers without their first being convicted of offense. Others here believe that the Governor is safe in his action, holding that he has the right to suspend when he believes conditions have reached such point that it is best for the service. It is argued that he be-
 ieves that the dissentions that have torn. the 3rd regiment for some time are good reasons for the vigorous action he has taken.
 Along this line it is interesting to recall a case that has somewhat of the same points involved. This is found in the rep rimand of Leutenant-General Miles of the United States army. by President Roosevelt some time ago. The Army and Navy Journal took the position that the President was wrong, because General Miles had not been convicted of any off, fense and read the Chief Executive lecture. As regards the 3rd regiment suspensions, however, the opinion pre- vails among some that the Governor has. the right to suspend temporarily, after which, if the officers affected see fit, they can demand a trial. The outcome of the | matter is being watched both by military | men and outsiders.