The Birmingham age-herald., 1903-01-10
H|CDON ASKS
 FOR MANDAMUS Files Petition in Montgomery Seeking to be Reinstated THE JUDGE GRANTS A WRIT Col. E. L. Hiedon Seeks to Force Gov ernor Jclks to Reinstate Him to
 Command of the Third
 Regiment.
THE JUDGE GRANTS \ WRIT

Jesse F. Stallings, attorney for Col. D. L. Higdon,s suspended commander of the Third infantry, Alabama National Guard. left Birmingham yesterday morning Tor Montgomery, where he filed a petition for mandamus in the City court seeking to make Gov. W. D. Jelks reinstate Colonel Higdon to his position.
 The petition sets forth that Colonel Higdon was removed from his position as commander of the regiment, and that the field officers were likewise relieved. That later the colonel was reinstated, but refused to accept the position with out an explanation from the governor as to the reason he was relieved. This was followed by second suspension, which is now in effect.
 It further sets forth that Colonel Hig- don made demand for charges to be preferred against him, or that he be re- instated on the 18th of December.
 Further allegations are set forth as fol- lows:
 The Obligations.
 That he resigned as colonel of the regi- ment March 1, 1901, and that on March 20 an election to i'll the vacancy was held and he was reelected for the term of four years and his commission was issued to him on April of that year.
 That on January 29, 1902 Governor Jelks issued an order relieving all field and staff officers of the regiment from duty, and that the twelve companies were to report directly to him through the office of the adjutant general.
 That on May 20, 1902, another order was issued commanding him to assume com- mand of the regiment. That on May 30 he wrote to Governor Jelks insisting that this did not remove the implied reproach and charge against him carried with the order of suspension, and insisting that he did not desire to assume command unless he could have an opportunity of refuting any charge that might be brought against him, or that the governor should pub licly state that he had been guilty of no act against the military law worthy of censure.
 That the governors secretary answered, saying that the governor was absent ana that he would issue an order relieving him. as he requested, of his duties in con nection with the regiment. He replied to this letter, explaining that he had made no request to be relieved of duty and demanded a court of inquiry.
 Failed to Reply. 1 That the governor failed to comply with said reouest for a court of inquiry, giv- ing as his reason therefor: q know of nothing to inquire into" admitting there by that Colonel Hlgdon had committed no offense, and had been deprived or his command for months, disgraced and hu- initiated without legal cause.
 The petition reeites another request from Colonel IIigdon and another refusal by the governor, and demand on July 31 1902 that the governor immediately restore him to the regiment It recites another formal demand on December 13, to which no reply has been received.
 Colonel Higdon claims that his suspen- sion is a usurpation of authority on the governors part, and he asks the court to l grant an alternate writ of mandamus re- l ouiring the governor to restore him to | his command.
 The following special was received from Montgomery last night:
 | Judge Sayres granted the alternate writ requiring Governor Jelks to answer on January % and show cause why the lnandamus should not be issued.