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                                                                                                                                                                                                                                                                                                                                                                 1872
                                                            1

Endorsement on letter of Lieu. F. S. Davidson & Gov. , dated Fort Griffin January 30, 1872, protests against action of Post Courd 484 D.T. of 2.

            Received from C.O. Fort Griffin Feby, 8 1872 with the following endorsement of January 31, 1872.
            Respectfully referred to the Assistant General Department of Texas for such actions as the Department Commander may deem proper in this case.  Par 1 S.O. N.  13 cs from these headquarders (copy enclosed) was based upon the decision of the Judge Advocate General U.S Army  that, when the office promised {?]is not of itself notice to the accused, the suspension takes effect from the date of the actual notice.( See digest of the opinions of the Judge Advocate General
page 368, pas 11, Ed 1868,  The special Order of Colonel Wood fixing date of commencement of suspension of 1st Lieut. Davidson 9th cavalry, to be the time of actual notice to him is in accordance with legal decisions, and is legally connect.  The Adjutant General of the Army, however in a letter, of Sept. 9th, 1871 to the Commanding General Department of Texas, concurs with the view that suspension should commence on date of order, as this is in mitigation of the strict legal view it will be adopted in the case.  The Commander General notes, the use of the word protest in the communication of Lieut. Davidson and observes that a protest of a subordinate against the action of his suspension and Commanding Officer is not permissable in the Army.  Any complaint of action of suspension should be by way of appeal.

Dept Texas] Feby 9 of 2] By Commander of General General Augur

                                                             Sgd.       J.A. Augur
                                                             Acty Asst. Adjt. Genl.