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                                                                                                                                                                                                                                                                                                                                                                 1872
                                                            1

Endorsement on letter of Lieut. F. S. Davidson 9 Cav., dated Fort Griffin Jany 30, 1872, protests against action of Post Comdr 484 D.T. 72.

            Received from C.O. Ft. Griffin Feby, 8 1872 with the following endorsement of January 31, 1872.
            Respectfully referred to the Assistant of General Department of Texas for such action as the Department Commander may deem proper in this case.  Par 1 S.O. No.  13 cs from these Headquarders (copy enclosed) was based upon the decision of the Judge Advocate General U.S Army  that, "when the official promulgation is not of itself notice to the accused, the suspension takes effect from the date of the actual notice."  ( See Digest of opinions of the Judge Advocate General
page 368, par 11, Ed 1868)  

Respectfully returned to the Commanding Officer Fort Griffin.

The special Order of Colonel Wood fixing date of commencement of suspension of 1st Lieutenant Davidson 9th U.S. Cavalry, to be the time of actual notice to him is in accordance with legal decisions, and is legally correct. 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 this case. The Commanding General notices 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 superior and Commanding Officer is not permissable in the Army. Any complaint of action of superiors should be by way of appeal. Dept Texas] Feby 9 of 2] By Command of General General Augur

                                                             (Sgd.)       J.A. Augur
                                                             Actg. Asst. Adjt. Genl.

Endorsement on letter of Q.M. Serg't W. Bush Co J 9th Cavy, dated Fort Davis Jany 2 72 States the Colonel has refused his discharge for reasons explained. 457 D.T. 72. Received back March 2 72 with the following report Colonel Abner Doubleday.

                                                  Fort McKavett Texas,
                                                             Febuary 27 1872.

Sir:

 Sir obedience to special instructions from the Headquarters of the Department of Texas, dated Febuary 6th 1872, requiring me to proceed to Fort Davis,Texas, and investigate a complaint made by Sergeant James W. Bush of Company "j" 9th U.S. Cavalry addressed to the Hon. Secretary of War.