The Birmingham age-herald., 1902-06-03
SAYS ORDER RESTORING HIM TO COMMAND OF REGIMENT DON'T REMOVE IMPLICATION ARISING FROM HIS SUSPENSION.

he may find out if there was any com plaint as to the manner in which he has acted as colonel of the regiment. He claims the governor removed him from command and gave no reason for doing so. In fact he claims that he asked the governor for his reasons for removing him and that the governor has failed to reply, satisfact orily.
 Colonel Higdon and his entire staff was relieved from duty on January 20, tbe day following the publication of the find ing of the Higdon-Kyle courtmartial. Several days ago he received an official order restoring him to his command. He has failed to assume this and gives as his reason that his behavior as colonel must have had some attack made on il as shown by his being relieved from con- mand. Several letters have passed be- tween the governor and Colonel Higdon, In which the latter has made an effort to find out If there were any charges against him. The letters are as follows:
 Colonel Hlgdon's Letter.
 Headquarters Third Infantry. Alabama National Guard, Birmingham. Ala. May 30, 1902 ''To His Excellency. William D. Jelks Governor. Montgomery, Ala; "Sir-I am today in receipt of special order No. A. c. O., which annuls spec ial order No 8, A. G. O., of date Janu- ary g, 1902 and directs me to assume command of my regiment.
 Your excellency will doubtless remem- Der that on February P. 1902, I had the honor to address a letter to you in which I stated that since receiving special or der No. 8, suspending me from command of my regiment. I had patiently await ed your further orders.
 ''In that letter I stated to your excel ency that I had been elected colonel of the Third regim ent on March 20 1901 and had at all tmies performed the duties of the office to the best of my ability, and without fear or favor to anyone; that I 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 complimenting me and my comm and, and your words of appreciation for the promptness with which I assembled and took command of two detachments which went to Ashville last year to sustain the law proved to me that up to that date you were proud of the regiment un- der my command; that since then I had continued the same policies and had se- cured your appreciation.
 "I 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 mi alter I had consulted you and the judge abco- cate general and had asked your advice as to the proper course to pursue; that upon consultation then, I withheld the filing of the charges and specified ations until 1t could be ascertained whether or not the matter could be adjusted with. out courtmartial and that upon the fail. l ure to make such adjustment, I filed the charges and you approved my action by l promptly ordering the court. 'I further stated that I had been sus | pended, with my entire staff and placed | in the attitude of having committed some offense as an officer of the Nationa l Guard requested you to reinstate me or to suggest the proper course for me tc pursue, rs the condition of the regiment | did not tend to promote the organization
 The Governors Reply.
 '"To 1his letter I received, after some days, the following reply:
 |" State of Alabama Governors Office Montgomery, Ala, March 1, 1902 Colonel E. L. Higdon, Birmingham:
 " Dear Sir-The Governor directs me to acknowledge receipt of your letter of re- cept date and to state to you that he has GlAlS ubdCI ddflStIlthC anu VIII SOOH6T or later write you definitely thereto.
 "'Vsry truly yours,
 U. K. JACKSON,
 " Private Secretary
 For three months I have patiently waited your advisement and definite re- ply, and none has come.
 T presume, from this long delay, that your excellency found the statement of facts in my letter of February 22 met with your dissent.
 Possibly your excellency may consider Special Order No. 25, received today. re- storing me to my command, a sufficient answer.
 When an officer is relieved from his command and thus prohibited frcm dis charging any Of the duties of his office, 1t should be for some Just cause, or at least upon some charge of incompetency, or of neglect of duty, or for the violation of some order, law or regulation that he may be bound to observe. Such an order carries with it the implied reproach that he has failed In the discharge of some duty. The mere revocation of that order does not, I respectfully submit, take away the reproach.
 "No charges have been made against me- no opportunity has been given me to meet my accuser, if one there be; no official complaint has been made of my conduct as colonel of the Third Regi- ment.
 q can conceive of no offense that have committed, and of no cause of complaint of my conduct as an officer by anyone. unless 1t be the filing of charges aeainst the lieutenant-colonel, that you thus deemed sufficiently grave to justify the expense of ordering a courtmartial to consider, and that the court found were sustained by the evidence.
 ..JJpon one of the same charges previ- ously made, a private in my regiment had been tried, convicted and sentenced to pay fine and to be dishonorably dis charged from the service. and your ex- cellency had approved the sentence. could see no reason why any difference should be made between the humblest private in the ranks and the highest of ficer in the regiment in administering the law governing the National Guard. "The order suspending me from my command was issued at the same time that your excellency took action upon the findings of the courtmartal referred to.
 Suspended from Command. You set aside the verdict of that court l finding the lieutenant colonel guilty as | charged, in part, and sentenced me- who | was not upon trial, to an indefinite sus. | pension from my command, without giy. | ing any reason for this action and pre- | sumably from something ascertained upon l that trial that l had no opportunity to 1 be heard upon.
 | Not only did your excellency suspend | me, but my entire staff fell under the same order. none of whom had any con-