The San Francisco call., 1898-06-13
Two Decisions Concern
 ing Reorganization.
NO EQUIPMENT FOR GUARDS.
GOVERNOR AND MAJOR GEN
 ERAL TO CONFER.
A Regiment of Infantry That Will Be We'll Prepared if It Is Called Into Service-Naval
 Militia.

During the past week there has been but little work done in the National Guard of the State of California, but there has been some discussion by the heads of the organization on the subject of the re-estabHshment of the guard.
 Within ten days there have been rem dered two decisions on this subject-the first by the judge advocate of the Divi- sion staff, Lieutenant Colonel J. J. Dwyer, and the other by Attorney General Fitz- gerald. The two do not coincide on the material points, the former holding that the moment the National Guardsmen vol unteered into the service of the United States they ceased to be members of the guard and should be discharged from the service of the State. The other holds that the men who have so enlisted may be granted leave of absence, and that upon the close of the war they can return to the several positions in companies and regiments they occupied before enlisting The Attorney-General holds that the ser vices of the National Guardsmen in the war should count the same as if they were actually guardsmen in the State
 The latter decision is on the lines of the action taken recently in the matter of guardsmen in New York. Massachus- etts, Pennsylvania and Illinois. In the State of Massachusetts the Legislature which was in session, passed law pro- viding that the guardsmen be granted a leave of absence while in the volunteer service, and that within thirty days after being mustered out they can return to their previous positions in the service of the State.
 A DIFFICULTY.
 Aside from the opinion of the Attorney General, which will no doubt be followed, as it is favored by Governor Budd, Com mander-in-Ch Chief, and Adjutant-General Barrett, there is great difficulty in the way of rehabilitating the guard, should there be a desire to do so. That is the lack of uniforms and equipments The First and Seventh regiments and the bat talon from the Sixth went into the ser vice Of the United States with the arms and uniforms of the State, and the ar mortes are empty, so that if there were enrolled number of men to bring the companies up to the minimum number these would be simply bodies of men un- able to perform the duties of National Guardsmen for want of that which is necessary to make up the soldier.
 The State Legislature not being in ses- sion at this time, there is no appropria- ton with which to put such men, were they to be enrolled, in proper condition for service.
 It has been stated that at this time there is no need for more guardsmen in tnls State than there are at present for the reason that there will be plenty of soldiers in the volunteer service 10 call upon in case of need. While it is true that there will be many volunteers, such men are not in the service of the State ana they cannot be called upon the same as state troops for immediate duty Be- fore they could be called out to take part Tn any trouble in the State it would have to appear to the satisfaction of the Presi- oent 9 or the United States that all the power of the civil authorities and that of the National Guard had been exhausted ana that 1t was insufficient
 A CONFERENCA.
 This afternoon there will be a confer ence In the headquarters of Major Gen. eral Dickinson in the Mills building for the purpose of discussing the proposition or reorganization. At this there will be present the commander-in-chief and the ulvlslon commander and others who are interested in the guard The division Comlnander IS in flavor of reorganizing me guard and placing it on a better foot Ing than 1t was before the mastering in of the men who volunteered but in view of the di1nculties in the way of reorganizing at thls tune and the opinion of the At torney General 1t is likely that nothing in the way of re-establising the guard will come out of the conference
 THE FIFTH REGIMENT.
 In anticipation that the Fifth Regi ment or Infantry will be called out to fill the States quota on the second call for volunteers, the several companies have during the past two weeks, been prepar- Ing themselves for presentation before the mastering officer within twelve hours alter being summoned. And to encourage tiiCAl III lIllS the clIlZenS or the lOcali- ties in which the several companies are stationed, Petaluma most prominently nave rSade arrangements to provide each company with what they shall need for a week at least, so that if they are calIad out they will be all prepared for camn nfe and will not want for many things. as ald some Of the other regiments of volun- teers when they landed at the Presidio pr at Camp Merritt.
 The men are all furnished with the new uniforms recently provided by the State that IS the men who were on the roll be, lore there was recruiting LID to tha f,11 number. The recruits instead of anneor Ing in any old thing" will wear uniforms that were cast aside for the new ones me men have during the past two weeks been very thoroughly drilled and thav nave received instructions in camD fife They have also received instructions in the matter or putting up and operating tne buzzecolt ovens, the proper distribu- ton of rations and the preparation of them so If they are ordered out to Camn Merritt they will be in much better con ditlon than any of the State troops pre- gglously sent out; It is expected that or ders which will decide the fate of the regiment will be received at the head quarters of the commander-in-chiefe either to-day or tomorrow.
 OTHER ORGANIZATIONS
 There being no further demand for first second or third class signalmen there will be no more enliStments from the thraa brigade signal corps of the State
 The several troops of cavalry are ready to move, but the chances are that they will not be called into service
 The naval militia is still waiting orders 4 number of the men in this organization. tired of waiting to be called out for sea serVlce, have volunteered and joined the koot troops Tn the hope that they will be sent to Manila or some other point to which troops may be ordered Their any ety is that they may be sent Somewhere put of the State.