Los Angeles herald., 1892-02-11
Judge Clark and His Peculiar
Decision.
Attenuated Legal Theories of a
Hairs Breadth.
Col. Schreiber Steps Out by Gen.
JohnsOn's Order.
A Decision and an Explanation of Gen.
Jonhson's Order-Col. Russell.De-
termined to Have the
Place.

Lie ualr-SpllttlHg ulHerentlaCl on
which characterizes the recent decision
of Judge Clark in superior court in the
case of the People VS.. Schneider, has
left Seventh regiment matters in a silly
muddle. No one can possibly know who
is colonel of the regiment, and who is
not. Such a decision, based on techni-
cal legal points simply, and neglecting
all military precedents, gives fine
illustration Of the ambiguity of legal
process. Yesterdays HERALD submit
to the public an order, made by Judge
Clark, which provided:
"That the defendant, William G..
Schneider, is not entitled to the Office of
colonel of the Seventh regiment of in
fantry of the National Guard of Califor-
MIA, and that he be and hereby is ousted
therefrom, and said defendanant is here
by ordered to vacate said office.
"That the relator, William HI. H,
Russell, is entitled to the office of
colonel of the Seventh regiment of in
fantry of the National Guard of Califor-
MIA, and that he is entitled to the pos
session Of the same, and that he be and
hereby is put in possession thereof.
And it is further ordered and ad-
judged that plaintiff do have and re-
cover of and from said defendant the
proper costs and disbursements of said
plaintiff, amounting to the sum of &c."
Yesterday afternoon Colonel Schreiber
called on the judge in person, and, after
the interview, the colonel stated that
the judge had explained himself to this
effect:
"a difference should be appreciated
between my placing Russell in charge of
the office OF colonel and putting him in
command of the regiment. say in my
opinion that Russell is entitled to the
office. That does not mean that he is
entitled to the command of the regi-
up the command, you will pass it over
to Lieutenant- Colonel Howard. and not
to Russell. The Office is one thing, the
command of the regiment is another. 1t
is in my jurisdiction to decide who is
entitled to the office, while the COM
mander-in-chief must order who is to
command the regiment"
The Inconsistency between this ex-
PLANTATION and the order issued the day
before, is apparent to any mind but that
of an ingenious lawyer. The order seems to
favor Russell without reserve, while the
explanation looks very much like hedg-
ing in favor of the opposition to Russell.
Be that as it may Colonel Schneider,
after leaving Judge Clark, reported to
General Johnson and Assistant-Adju-
tant-General Butler, and the result of
the conversation was the following
order:
HEADo TIERS FIRST BRIGADE, N. G. ca
Los ANGELES, CAL, Feb. 10, 1892.
SPECIAL ORDER,(
No. 3.
In accordance with a judgment from
the superior court of Los Angeles coun-
ty in the case of the People ex rel. w.
I'll. HI. Russell VS.. Schneider, for the
colonelcy of the Seventh regiment of in
fantry, this brigade, N. G. c., Colonel
Schneider is hereby relieved from COM
mand of the said regiment, and Lieut.
Col. L. j. Rowland ls ordered to take
command of the same at once.
Company commanders will, until fur
ther orders, report to Lieutenant-Colone
Rowland. By order of,
GEN. E. p. JOHNSON.
L. S. BUTLER. Lieut.-Col. and A. A. G.
Last evening all the state funds and
properties in the possession OF Colonel
Schneider were turned over to Lieuten-
antColonel Howland. Duplicate re-
ceipts were taken by the retiring
colonel, who will send copies to
headquarters at Sacramento, together
with copy of Judge Clatk's order,
certified by the county clerk. On next
Tuesday, Colonel Schreiber intends to
re-enlist as private in Company A, the
company of which he formerly was cap
tain.
Major Russell, or rather Colonel Rus
sell, was seen last evening, and said he
would certainly attempt to take COM
mand OF the regiment, even at the risk
of personal encounter. He said he did
not thirst for fight, but in case of an
emergency, he would take care of him
self. He added that he would issue an
order to the regiment as soon as it should
be necessary.
The company officers of the regiment
are highly indignant over the whole
matter. Most of them wanted to resign
at once, and it was only due to the
cooler-headed ones, that they have
not already done SO. Lieut..
Frank L. Baldwin of Company A
desires the presence of all commissioned
officers of the regiment at O'Clock this
evening In the parlor OF Company A, in
order that the situation may be dis
cussed and some sensible plan of action
adopted.
There is general feeling among the
officers and men Of the regiment that,
inasmuch as they have been ordered by
the governor to respect and obey Colo
mel Schneider as their commanding Off
Ger, they will be right in refusing to
obey any orders which Colonel Russell
may publish. In such case there
would probably be charges of insuh-
ordination, which would be tried by
court-martial. 1t is reasonably certain
that the brigade commander would not
issue an order for such court, and even
if he did no conviction could be OBJ
tanned.
In the meanwhile time is fitting, and
May 9th, the end of Russell's term, may
come along before the claimant can
establish himself.