The Birmingham age-herald., 1902-12-11
f Refused He May Institute MandamuS Proceedings
 Against Gov jeIks
DAMAGE SUIT MAY
 FOLLOW OTHER TRIAL
Colonel Higdon Ie5 Employed stall- inqs and Gaston ae His Coun- sel, and 1t Is Said That a
 Brief Is Ready.

Brief Is Ready. N OL. B. L. HIGDON, the com kV mander of the Third Alabama
 Regiment, nationtl guard, who was removed from command by Gov ernor Jelks at the end of the Higdon- Kyle trial several months ago, will to- day or within the next few days write a formal demand to Governor Jelks that he be reinstated to his command of the regiment. If this is refused, it is stated on good authority that Colonel hIgdon will institute man. damas proceedings seeking to have the governor restore him to the command of the regiment. If these mandamus proceedings result favorable to Colonel Higdon he will probably file suit for damages against the governor, based on a claim that the refusal of the governor to reinstate him under cer- tain conditions has damaged his char acter and that the worry of the af- tair has damaged his health
 EMPLOYS COUNSEL.
 Colonel Higdon has employed stallings & Gaston, composed of Jesse L. stallings end zell R. Gaston, as his attorneys, and 1t is stated that they have the brief Of the mandamus proceedings written. It is stated that this brief has been seen by outside persons and that as soon as Jesse L. stallings returns to the city the mat ter will be taken up and pushed. Mir. Stallings is expected to return this morn- ing or tonight, and his partner, Mir Gas ton, left yesterday afternoon for his home at Greenville. Neither of them being in the city last night 1t was impossible to verify from them the details of the case.
 Colonel Eigdon was seen yesterday af- ternoon and said that he was still a military man and could do very little talking. He admitted that the suit would be brought ir case the governor failed to reinstate him in command. Further than this Colonel Higdon would not talk for publication.
 The mandsmus proceedings will be based on section 79 of the articles of war, which govern the state militia This sec- tion says that when an officer is removed from his command charges must be filed in eight days or the officer must be rein stated. In case the charges are filed the trial must be held within thirty days.
 STATEMENTS IN BRIEF.
 It is set forth in the brief that Colonel Higdon was removed from command and no charges were made against him. It is fun ther claipIed that Colonel Hlgdon re- quested to be reinstated several times or that charges be made against him and a court-martial held in order that he could vindicate himself, but that this was refused for long time.
 Governor Jelks finally reinstated Col onel Higdon, but he would not accept the office unless an explanation was made by the governor of the reasons he was re- moved from command When the rein- statement was refused Governor Jelks again removed Colonel EIigdon and since that time the matter has been lying quiet so far as the public knew It seems, how ever, that Colonel Higdon has not been idle and that the cid wound is to be re- opened in a fight which promises to be long and bitter.
 MANY LAW BOOKS. It is stated that the brief in the pos- session of the attorneys contains large
 
 in courts all over the country and that the large majority of these decisions sup port the position of Colonel Higdon. Sev- eral of Colonel Higdon's personal friends state that he has a law library on mill tary questions which he will use in this case.
 Recently Colonel Higdon has obtained a large number of United States records on trials and court martials in cases of all kinds and of charges which cover nearly | every possible violation of the articles of war. All these decisions have been gone over carefully by his attorneys and him. self
 GOVERNOR WILL NOT TALK.
 A personal friend of Governor Jelks wrote him letter yesterday acquainting | him with the facts of the suit. Last | night Governor Jelks was asked over the telephone for a statement in regard to | the situation, but he said he did not care to talk When asked if he would rein state Colonel Higdon he stated that Col onel Higdon had been reinstated once in the past and refused to state whether Or not he would reinstate him a second time. The governor also declined to give any information whatever regarding his course in the matter.
 A friend of Governor Jelks. and man in the military of the state said that he did not think the military