The Birmingham age-herald., 1903-11-17
MAY MUSTER OUT
 THIRD REGIMENT
The Hlgdon-kyIe Fight Being
 Brought to a Head
INTERESTING TALK AFLOkT
According to Report the Plan Is to Muster Three Companies Back Into Service, Placing Them In First
 and Second Regiments.

From a source which is very close to the office of Governor Jelks it has been learned that the probable outcome of the old Higdon-Kyle fight would be the mus tering out of the Third Regiment, A. N. G., within the next few days.
 While the information is not definite, it is said to have been obtained from the governors office and it is stated that the order may be issued any day this week or next week.
 According to the report the entire regi- ment will be mustered out of service and three of the companies will be mustered back in the service and will be drafted into the First and Second Regiments to take the places of three companies which will be mustered out of them.
 The supposition is that the three com panies of the Third which are to be mus tered in the service are one from Bir- mingham, one from Anniston and one from Decatur. Whether the Birmingham Rifles Is not known.
 To Muster In Another Regiment.
 As the possible number of regiments will be short one if this action is taken, it is thought that within the next two years an order will be issued mastering in another regiment to take the place of the Third.
 It is d well established rumor in the state that some definite and final action in the famous fight will be taken soon. The exact course of this action has never been given out but under the present conditions it is claimed the affairs of the Third Regiment are such that it is al most impossible for ..et organization to prosper It Is the expressed opinion of all military men that something should happen to settle the old trouble once and for all.
 Status of the Case.
 The Higdon-Kyle matter can be briefly summed up as follows
 When Col. E. ... Higdon was in com mand of the regiment he preferred charges against Lieut.. Col. Oceola Kyle for the neglect of duty. A court martial was held and the award was against Kyle, but of such a nature that 1t re. fected on Col. Higdon. Shortly after the court martial Governor Jelks issued an order relieving Col. Higdon of con- mand, and with him went the entire staff of the regiment. Lieut.. Col. Frank Me- Connell was placed in command and has been since.
 Col Higdon still retains his commis sion, which does not expire until 1905 and he has refused to resign and to date Governor Jelks has refused to reinstate him and as yet no order has been issued putting him out of the National Guard.
 Col Higdon has requested several times that he either be reinstated to his com mand, or that charges be regularly filed against him and court martial be held. He makes these demands in order that he may be vindicated or regularly found guilty, At present there Is no charge against him and he feels that the action of the governor in removing him from command reflects on him, and that a court martial would give him the justice he wants.
 Wants a Definite Ruling.
 Governor Jelks offered to reinstate Col. Higdon on conditions which the latter would not accept. He either wanted the court martial or wanted Governor Jelks to announce officially that the removal from command was not from any lack of duty
 Col Higdon has brought legal action against Governor Jelks, and it was heard in the city court of Montgomery and the former lost, but appealed to the su- preme court.
 Recently 1t has been rumored that Gov ernor Jeks would issue an order an- nulling Col Higdon's commission, or that the commission would expire soon on ac- count of time limit. These rumors are persstant and the military men of the state are looking for some big move with in few days.
 As is well known the officers of the regiment are divided into two factions, known as the Kyle and the Higdon fac tions Lieut.. Col. Mcconnell is supposed to belong to the former, while most of his staff are known as Higdon men. Two of the majors are known as Kyle man and one as a Higdon man. The line officers are about equally divided between