The San Francisco call., 1896-01-17
MORE GUARD CONFUSION.
How an Order by Adjutant.
General Barrett Tangles
Things.
SECOND BRIGADE ELECTION
Doubt Cast Upon Previous Selections.
Peculiar Reorganization
BlunderS.


Peculiar Reorganization
BlunderS.
The aphorism, Shoemaker, stick to your
last" has been exemplihed by the order
just issued by direction of the Governor to
the several brigade commanders, directing
them to order immediate elections to be
held for field officers, and is but repeti-
ton of the series of blunders perpetrated
In efforts TO effect the reorganization of the
National Guard of California. This order
in the shape of letter addressed to the
brigade commanders is as follows:
Sir: BY the formation of battalions into regi-
ments, in each of which a colonel has been
duly elected the purpose of the board of lOca-
ton and organization, as set forth in general
orders II and 1S, {. s., OF this Office has been
put into effective operation. 1t is the desire
OF the commander-in-chief that there should
be no further delay in completing the regi-
mental organization. To this end he directs
that brigade commanders will Immediately
order elections for Heutenant-colonels and
majors in each regiment of their respective
brigades. Attention is invited to sections
1854 and 1885 OF the Political Code.
BARRETT, Adjutant-General.
Section 1885 of the Political Code pre-
scribes:
Upon application of the officers en-
titled to elect the general of brigade to which
Sueh regiment or battalion is attached, or to
preside al the eiecPon TSd hTiga6o 10
commander may order an election for field or
line officers II application Isl not made for an
order for an election within two months after
the vacancy occurs, or after the expiration OF
the term for which the officer was last elected.
While it is true that the letter directs"
the brigade commander, still it is a we'll
settled rule, and SO understood among
officers, that it means "order" and is man
datory.
The question now occurs in the Second
Brigade: What will General Warfield do
IN the premises2 If he issues an order di-
rectlng an election to be held he assumes
an authority which the law does not give
HIM at this time, as General Barrett's let
ter states that the formation of the regi-
ment, 'as set forth in general orders II
and IS, G. s., has been put into effective
operation" then the brigade commander
can only call an election when the officers
OF the regiment make application for the
same, and cannot of his own motion call
1t until the expiration of two months after
the vacancy occurs, when he may do so as
set forth in section 1885. If he fails to cali
the election Immediately then he disobeys
the order sent to him. However, the ''otfi-
GERS entitled to elect' may come to his
rescue by Immediately holding meeting
and asking that an election be held
1t was well understood at the time gen.
eral order Is was issued that the Gov
ernor intended to appoint the field officers,
and this was followed out in special order
20 from brigade headquarters, wherein
the officers were directed TO express their
choice for lieutenant-coloneI and majors
who would be recommended to the COM
mander-in-chief for appointment. 1t is
probable that by this time it has been as
certained that by the issuance OF para
graph II of general orders Is and
some additional verbal instructions some
persons were attempting to usurp powers
not granted by the statutes (as heretofore
mentioned in these columns) and are now
endeavoring to get in out of the storm.
But it is now said that the admission of
errors made in the above letter does not
clear up the military skies; either the six
held officers who voted at the election for
colonel had no legal right to do SO (al-
though the right was recognized by ig-
noring the protest filed and by the issu-
ance of his commission to the colonel
elected), or that the Offices held by these
six officers have since become vacant, al
though there is nothing to show this fact.
The question also comes up: Was
Colonel Macdonald legally elected colonel
by the commissioned officers of the regi-
ment ito be known as the First Infantry
Were there at that election any commits
stoned officers of the First Regiment other
than Lieutenant-Colonel Crocker, Major
Jansen and the line officers of Companies
B, @, + and G2
Paragraph 3S1 of the regulations, which
must be read in connection with section
1913 of the Political Code, prescribes:
= Such transfers or consultations
VIII carry with them all commissioned officers
New commissions in the regiment
to, which the transfer is made will be issued to
all commissioned officers.
The issuance of the commission or its
receipt by the officer does not place him
on duty. He does not and cannot assume
the duties of the Office until he has quail
fed.
On December Z, under general orders
II, the battalions were formed, the officers
serving under the commissions then held
by them. On December 8, under general
orders IS, the First Regiment was or
ganized, and then the officers should have
been commissioned therein, and under
such commission and qualification they
would have become commissioned officers
Of the First Regiment of Infantry. That
this is necessary has been repeatedly
recognized heretofore by the adjutant-
generals office, the State Controller and
the State Treasurer.
1t is difficult to understand how so
many blunders have been made in the
attempt to reorganize the National Guard
of California. Governor Budd is a lawyer
and retired gadier-general, so it is
presumed that he has personal knowledge
OF military procedure and the customs of
the service, conceded to be the unwritten
law. Therefore, the inference is irresisti-
bic that the com mmander-in-chief has rele-
gated this part of his work to careless or
inefficient subalterns. At any rate, it is
true that the service appears to be plung-
ing deeper aud deeper into the slough of
the combined knowledge of the higher Of
ficers has not enabled them to evolve a
rational course for the benefit and perma-