The Montgomery advertiser., 1902-01-30

suoken of and the action Of the Governor | became known. Colonel Higdon expects | official communications early tomorrow. l the evidence addnced. finds the accused l lieutenant Colonel o. Kyle, Srd Infantry | Regiment, A. N. G.. as follows: Charge Q)
 Of Specification; ta) 1st charge mot | guilty
 Of Specification; tb) 1st charge. mot l guilty"
 Of specification; Co 1st. charge. moi guilty
 Of the lst charge mot guilty" Charge @ :. Of Specification End charge. guilty" Of the 2nd charge guilty" Charge (3)
 Of Specification srd charge mot guilty | Of the srd charge mot guilty" Each of the foregoing findings being | upon the respective charges and specifi, | cations as set out in the charges and specifications preferred as of date Octo' l Der 1st, 1901, and laid under the provisions | of an act of the General Assembly oi Alabama, entitled "An Act to regulate the volunteer military forces of the State of Alabama"
 Under Articles of War. Each of the following findings are upon the respeceive charges and specifications preferred as of date September g. 1901. and laid under the Articles of War. Charge CD
 Of Specification "A" 1st charge mot guilty"
 Of Specification ''B" 1st charge mot guilty" Of Specification "c' 1st charge mot guilty
 Of 1st charge mot guilty" Charge @
 Of Specification End charge mot guilty" Of 2nd charge mot guilty" Charge (9
 Of Specification Srd charge mot guilty"
 Of 3rd charge mot guilty"
 Fined One Dollar.
 And the court does therefore sentence him, the said Lieutenant Colonel, o. Kyle. 3rd Infantry A. N. G. to pay fine of $1, and in default of the pay ment of said fine, sentence the said Kyle to Imprisonment in the county jail of Morgan County, Alabama, for a period of one day.
 1t is therefore considered and adjudged by the court that a fine of $1 be and is hereby imposed the said Lieutenant Colo nel O. Kyle. 3rd Infantry A. N. G., and it Is further considered and adjudged by the court that in default of the pay ment of said fine the said Lieutenant
 
 be and he is heerby sentenced to inn prisonment in the county jail of Nor gan County. Alabama, for period of one day.
 The Judge Advocate was then recalled and the court adjourned sine die.
 (Signed) R. B. duMont,
 Col lst lnft A. N. G., President. Graph J. Hubbard,
 It. Col 1st Inf A. N G., Judge Ad-
 Vocate.
 The record of the proceedings of the general courtmartial in the foregoing case of Lieutenant Colonel o. Kyle. Srd h. fantry. A. N. G.. having been forwarded for the action of the Governor the fol- lowing are his orders thereon:
 State of Alabama,
 Office of the Governor.
 Montgomery,
 In the matter of the proceedings of General Court Martial, convened under Special Order No 63, A. G. O., c. s., on charges and specifications pTeferred by Colonel E. L. Higdon, 3rd Infantry. A. N. G., against Lieutenant Colonel o. Kyle, 3rd Infantry, A. N. C., and the findings and judgment of the court there on, as shown by the record of the case. First-The findings on the first charge and each of the specifications hereunder, dated October 1, 1901, are approved
 OGNCAlN AS Slldl SNS anu dated September 9th. 1901 are laid under the 10th, 21st and 6lst Articles of War, respectively. To pass upon the findings thereon. 1t would be necessary to deter mine the constitutionality of the statute of this State regulating the voluntary forces of this State, approved February 23rd, 1899. This question has been recent ly pending before the courts of this State and l deem it not for the good of the service to pass upon it in advance of judicial decision. The findings on said charges and specifications are, there fore. neither approved nor disapproved.
 Sentence of Court Set Aside.
 Third-The second and third charges and specifications hereunder, dated Octo- Der 1. 1901, are laid under the statute law. The finding of guilty" on the second charge and the specification hereunder can only be predcated on the proposition that the sending of the letter of August goth. 1901, by the accused to the officer preferring the charges was an offense under the military laws. If 1t were such