The Birmingham age-herald., 1904-07-29
THE THIRD REGIMENT.
Lleutenant-Co Mcconnell Dis
 cusses the Suit Filed for $2o.

 Talladega Ala, July 27. To the Editor of The Age-Herald:
 In The Age Herald of the 18th of July appears an article to the effect Gray < Dudley of Birmingham had sued Lieut. Col Mcconnell and Captain Campbell for a twenty dollar account for supplies obtain ed by the Third regiment, A. N. G., some two years ago. This article does not ap- pear to be sufficiently comprehensive in it's scope, and may have the effect of ere ating a misapprehenson in the minds of the uninformed.
 To the end that the regiment may not suffer in the opinion of the public l ask space to make statement.
 In the first place, l am informed by reputable attorneys at law that 1t is very doubtful if the suit of the Gray & Dudley company is not a pure bluff. The debt of the regiment is necessarily the debt of the state and the constitution expressly provides that the state shall never pc made party defendant in any suit at law. The effort to evade that provision of law would not be countenanced by any court where the matter contested.
 As to the origin of the debt in question; just before the Montgomery encampment in 1903 Capt. H. B. Kennedy, who was then the ad1utant of the regiment, and Capt w. D. Gardner, the quartermaster, bought about a dozen horse blankets of the Gray X Dudley Hardware Co. and had them charged to the Third regiment They made these purchases without the knowl- edge or approval of the commanding offi- cer. Colonel Mcdonnell. When Captain Gardner was relieved of his position as quartermaster he failed to turn over these articles to his successor, Capt J. A. (fu i h of unnecessary time and a lot of trouble, to say nothing of the expense for Colonel Mcconnell to obtain a statement at all from Captain Gardner, and when a state ment was finally made 1t was not full and complete. There were no receipted vouchers Cor very few) for moneys paid through the quartermasters department, though the commanding officer had ex pressly ordered that such vouchers should in every instance be taken
 The colonel commanding gave repeated instructions to Captain Gardner regard ing regimental funds and property. and cautioned him to deposit all moneys in | bank subject to his order as quartermas- | ter upon the approval of General Clarke or Colonel Mcconnell. This order Cap tain Gardner entirely dlsobeyed and ig- nored and deposited the funds of the regi-
 
 statement was finally obtained one of the most conspicuous items thereof was payment by Captain Gardner to Col. E. l.. Higdon of $40, which was claimed as back rent for storing the tents and camp equipment in his office or store room.
 It is, at least, queer that this sum was allowed to become delinquent for so long a time-24 months at s10 per month when Colonel Higdon was in command of the regiment and might have had his accounts settled at any time, but waited till relieved of his command before asking payment. It also seems strange that Captain Gardner would pay so large
 unusual an account without first refer ring same to the colonel commanding for his approval especially when he had been expressly ordered not to make any pay ment without such approval. It is true that Captain Gardner was appointed quartermaster by Colonel Higdon but when Higdon was relieved of command and another elected to that position it seems queer that he would obey the be- nests of the ex-commander rather than those of the one actually in authority.
 am quite sure that the Gray & Dudley account will be paid If the person or per sons in possession of the blankets will turn them over to the quartermaster, captain Campbell. The regiment does not care to pay for something which 1t has not ordered or received. It Is reported that the carelessness of the late quar- termaster resulted in the loss of these particular articles as well as some other regimental properties. perhaps they were lost in the Higdon warehouse, for which so much rent had to be paid. Gardner should be made to pay for all articles so lost
 Several efforts were made to have him make bond for the benefit of the regi- ment, but his excuses and delays result ed In the place being given to another before such bond vas obtained. Respectfully submitted F. P. MCCONNELL, Lieutenant Colonel Commanding Third h. fantry, Alamaba National Guard The marvellous success of IIood,s c.-.-