The San Francisco call., 1899-04-09
JOHN H. DICKINSON
is MAJOR GENERAL
IMPORTANT OPINION REM
DERED BY TREY L. FORD.
Fifth and Seventh Regiments Are Al
most Ready to Be Mustered In.
The Encampments.

Ever since Governor Gage, who ap-
pointed General John H. Dickinson to the
position of major general of the National
Guard of California, withdrew that gen
tleman's name from the Senate, to which
body 1t had been sent for confirmation,
military people have been wondering what
position If any he holds. Among those
interested was General r. L. Peeler of
the adjutant generals Office at Sacra-
mento, who in order to be informed as to
the legal status of the case wrote to the
State Attorney, Tirey L. Ford, for an
opinion. The substance of his letter is
set forth in the reply OF Mr.. Ford, who
says:
In your communication Of the 9Th inst.
Major General j. H Dickinson was ap-
pointed and commissioned major general COM
mandng of the division. N G. C.. Feb
ruary -, 1898, by Governor James H. Budd,
vice James, resigned. under section 1918,
Political Code. and on January B. 1899, his
name was sent in to the Senate for con-
frmaton. He not confirmed by the
Senate. On February 16. 1899 Governor
Henry 7. Gage sent to the Senate the fol-
I herewith withdraw from the con-
sideration of your honorable body the fol-
lowing appointments. submitted TO your
honorable body for approval on the Sd day
of January, A: D. 1892 namely:
John II. Dickinson OF Marin, vice N. T.
James. resigned to be major general The
Senate consented to said Withdrawals on
"Question1Is John II. Dickinson now the
major general n. G. c.. commanding. and
to be recognized officially as such by this
department? No successor to him has been
appointed
In your subsequent communication Of the
9Th inst. you say:
In connection with the letter of yester-
day, in re the present standing of the major
general, N. G.. c., I wish you would include
in your answer thereto the term of the
fINa fHr-an hVi do
ais appointed under and by virtue of said
section 1918. Political Code The term is
usually accepted meaning four years
df confirmed by the Senate) from date Of
commission. Is this correct, or do they hold
at the pleasure of the Governor"
Referring to your question set forth in
your letter of April 8. namely: rs John H.
Dickinson now the major general n. g. c.
commanding and to be recognized officially
as such by this department? % permit me to
say that upon the facts as set forth in your
communication and in view of the proyis-
ions of sections 1915 1000 and $40 of the Po-
Htical Code and following the rule laid
down in the case of People VS.. Tyrrell. 81
Cal. AIS, l am of the opinion that General
Dickinson was the lawful major general un-
til the adjournment of the Legislature on
the the 18th day of March. 1899. and that
he will continue to hold said office until the
appointment and qualification of his sue
cessor in the manner prescribed by law.
Referring to your question set forth IN
your communication of April g. permit me
to suggest that as matter Of courtesy
such question should be first presented to
the Governor. Very truly yours,
TREY L. FORD Attorney General
The reorganization of the National
Guard of the State of California has been
going on under the provisions of the
Chynoweth bill passed at the last session
Of the Legislature for the purpose of de-
fning the status of the officers and men
who did not volunteer during the war
with Spain, and that of those who did
volunteer and have since been either mus
tered out or are still in the service of
Uncle Sam.
There was tangle such as never was in
the guard before and 1t is believed that
differences and make the guard what 1t
was before the war, except as 40 the
First Infantry Regiment, which will not
be reorganized until Colonel Jim" smith
and his men return from the Philippines.
During the past week Lieutenant Colo
mel Whitton, Captain d. A. Smith, regi-
mental adjutant; Captain Haven Lieu
tenants Holmes and Bean of Company
DYoe and Mum of Company B, Captain
Wenk and LieutenantS Cobbledick and
Cobalt of Company F and Captain Simp-
son and Lieutenants Wethers and McDon-
aid, all of the Fifth Regiment Infantry,
reported to the proper officials for duty,
in accordance with the recent act. All
the companies of this regiment have more
than fifty men, the minimum number,
ready to sign the muster roll, and it is
expected that by next Saturday they will
be ready to be sworn in.
Inc men ana OIHceTS OF the seventh
Regiment of Infantry will be ready to be
mustered in by the 1st of May.
Notwithstanding the fact that no one
has been named as major general since
the commander in chief withdrew the
name of John H. Dickinson, the general is
still acting at division headquarters and
last week he issued general order No. 1,
relative to the organization, and sent out
the muster rolls In this order the fol-
lowing named are detailed to make the
necessary examination and report to their
respective brigade commanders: Second
Regiment, Major F. L. Atkinson and Cap
tain L. p. Toolo--' Fifth Regiment, Major
James p. Dunn and Captain o. Hamlin;
Sixth Regiment Captain. p N. Russell
enth Regiment, Lieutenant Colonel ]. J.
Brigadier General W w, M Muller Ier IS di,
reGed to at 9ncs Yoo TO STga4ze
be known as Company F, to replace the
one that was disbanded during the war.
General order No.. from the office OF
legislation in regard to the Guard. One
provision is that the commander in chief
may annually order an encampment for
discipline or drill, either by division, brig
ade, regiment, battanon or unattached
company, and that all encampments shall
be held at the State camp Of instruction
for the National Guard of California, un-
less otherwise ordered by the commander
in chief This means that All encamp-
ments shall be held at Santa Cruz.
The members of the Second Brigade Sig
nal Corps. located in this city, Jointly
with the Veteran Corps, celebrated the
tenth anniversary of the organization of
the corps by a banquet on the night OF the
1st inst. An excellent supper was served
and in lieu of toasts, there was, an after
dinner programme which was directed by
George DAILY of the Old Guard, the mas
ter Of ceremonies. There were presented
as features of the evning: Just a Few
Remarks bv Colonel z. A. Denicke. the
father Of the Signal Corps; vocal selec-
tions by the Veteran Quartet; remarks by
Captain c. Leslie Hewes, Captain George
c. Boardman (retireO; LIEUTENANT colonel
Signal Corps), and W. ]. Belcher. There
was also a recitation by Fred G. Cushion,
and a good story by S. A Sarle.. 1t was
Q o'clock in the morning when the order
to break ranks was given.