The Birmingham age-herald., 1904-10-02

oAicer and member, With t"o a options. complied with his orders anp s.aner attended camp, or sent laWIui e suses One officer and one private iaii- eu to pay any attention to the orders, ls- sueo through the proper military chan a. a,' l1eis' and openly said they Wo1lu .ps .io officers. "
 <, Ahe captain of the company to Whien sne absent rrivate belonged, in orueI U sarFy out his oath of office and man saih discipline in his company, was loleeu t sp prefer charges against the aosehtee' le was courtmartlaled, as the law pro sioes; found guilty; fined sl5, and gwen Il oishonorable discharge, for the one oI1ense. I approved the findings of the court, and Governor Jelks. eommandW | m n chief, approved the findings ana or oefed the sentence carried out
 From Law Viewpoint.
 could not see where the law made any exception for an officer, committing the same offense. l felt that If allowed an officer tc violate the same order that the private was fined and dishonorably | u,scharged for-without any effort 10 ob- tain an excuse-I would be unworthy the respect of any man, and 1t would De lm- possible for me to maintain any Kind of ulselpline .n my regiment. However, be- lore bringing charges and specifications against the officer, l called on the gov ernor as commander in chief, and placed before him all the requests and orders had sent to the officers, in conformity to my sworn duty, together with the only answer l had ever received to any of my communications, which was so insult Ing and showed the writer was void of principle and unworthy to hold office. l told him that 1 knew this officer was an appointee of his to judgesEip but that politics and military could not mix so long as l was colonel And that l would oo my duty, without fear or favor to anyone, but came to him for advice. l fol- lowed his instructions with the assur- ance that I would have his best efforts Tn maintaining discipline in the regiment; and by so doing I accepted the greatest Insult that was ever offered to a man.
 Alter waiting more than a month for ms politicians to confer with the officer who refused to give any excuse for his dlsooedience to the orders, 1 was forced 10 prefer charges and specifications, not personally but in behalf of the state. He approved my actions by ordering a court martial, In conformity to the laws of the state. But, after a conference with the officer to be tried, he dissolved the law tul court, changed the date, and appoint ca court composed of the political and personal friends of the officer some of whom were not eligible to serve.
 rms court tried me-though no charges were preferred against me-more than they did the accused, all because I did my duty m the Spanish-American war as colonel of the Third Alabama by talk Ing sides with the enlisted men in favor or muster-out after the war was over against the accused officer and majority or the other officers who wished to re- main
 Verdict Set Aside.
 Alter regular farce trial, in which elght officers who had lost their com missions m the Spanish-American war py muster-cut of the regiment, had been gwen an opportunity to testify against me In trying to uphold the accused for violating his sworn duty; and in which was not permitted to introduce witnesses present to rebut the statements of these ohlcefs' the court-his friends-had to ma him guilty, sustaining my position The governor then set aside the verdict. remitted inc fine, and gave him an op- portunlty tc resign, which he promptly ald. He then relieved me the command Ing officer who had obeyed his orders and was trying to carry out the law and maintain discipline, from the command of my regiment. Four months later. he re stored me to my command without any explanation as to why | had been reliev- ed' could not accept command without some explanation for two reasons. first when an officer Is relieved from duty. if implies reproach, he has committed some oHense or Is not competent; second. had l resumed command and attempted to en- force discipline, as I had done, and the oitlcer was again his personal and polit- lcal friend; what would have been his next move toward me? Suspension and term in the penitentiary-no law for elther-still he had enforced one, and might the other
 asked him to exonorate me, or give me trial so l might have an opportllni- " to defend myself. l meant no disre- sPeel py these requests, only wanted A ciear record. He refused to give me either' but again relieved me. Two months later' he wrote me and did as l had first requested exonorated me. l then asked .nat ne give me back my command but ne sun reIused. He said he relieved W me TOT the sake of harmony. I am sure nc meant political harmony for had he ~ ~ueoieu hiiiltary harmony, all that was necessary was for him to say: .I will stand by the commanding officer as lona as De confers with me, obeys my orders and confirms to the laws that he and ' have sworn to obey" Then he would soon have had military harmony: for [ would have given him a military Ma tional guard instead of a political Nation. al guard.
 Highest Officer Suspended.
 This Is the first case I ever knew of