The Birmingham age-herald., 1907-07-14
H|GD0N AFFAIR
 FINALLY SETTLED Is on the Retired List With
 Rank of Colonel ENDS OLD CONTROVERSY Jelks' Action at One Time Threatened to Disrupt the Third Regiment.
 Investigated By the Pres
 ent Administration.
ENDS OLD CONTROVERSY

The controversy which began during Governor William Dorsey Jelks admin istration between the governor of the state and a number of the commissioned officers of the Alabama National Guard and which threatened at the time to almost entirely disorganize the Third Ala bama regiment, has been brought to the light again by the placing of Col E. L' Higdon on the retired list with the rank of colonel.
 The history of the case carries the mat ter back to 1901 when Colonel Higdon, at that time active colonel of the Third Ala bama regimentf courtmartialed one of the lieutenant colonels for failure to obey orders of his superior officers, and in doing so Colonel Higdon says he did no more than to act in compliance with the oath of office which he had taken.
 The matter warmed up considerably and was finally carried into the courts, and tho result was complete farce in the light of remedying the difficulty The action of the court caused much feeling, and the governor suspended e number of officers including Colonel Higdon. A number of the other officers resigned their positions.
 The matter was presented to Governor Jelks by Colonel Higdon through private correspondence, and a reinstatement was requested. This the governor declined to grant at the time but later he offered to restore the suspended colonel. without an explanation An explanation of the suspen- sion being refused Colonel Higdop declined to accept the offer of reinstatement and the matter drfted on through the time Governor Cunningham was at tho capitol. In the meantime Colonel Higdon's com mission expired without bis being retired, as he was entitled to be after serving the ten years required by law, and the matter rested for about three years.
 Some time after Governor Conner was installed Colonel IIigdon wrote to him and asked that the matter be investigated. which was done. and after the investiga- ton it was concluded that the colonel had been suspended for the execution of hs duty, which he had sworn to do.
 Colonel Higdon received a communica- ton yesterday from Bibo Graves, adju- tant general. notifying him that he had been placed on the retired list with the rank of colonel. The letter to Colonel Higdon follows:
 State of Alabama, Office of AdJutant General
 Montgomery, Ala, July F, 19I. "Col. l.. L. Higdon, Birmingham. Ala:
 "Sir-In accordance with your request Of April 5, 1907, the governor has directed that your name be placed on the retired list with rank of colonel, you having had the requisite aggregate ten years serv- Ice, as the law requires. Your name has been placed on said list with the rank of colonel and you are entitled to all the privileges under the law. Respectfully,
 "BIBB GRAVES.
 "Adjutant General"
 Colonel Higdon's being suspended from the regiment deprived him of the right to visit hls old regiment, but now, hay ing been restored to his rank. he states that he is given the right. and will take an active part in the affairs of the Third Alabama. He Is receiving congratulations from all quarters.