The Jersey City news., 1902-02-28
M|LITIA'S WAR
At Instance Of Col. Smith
Court Stops the Election
for Brigadier.
WHO ARE FIELD OFFICERS?
Contention That Cavalry and
Artillery Officers Are
Not Entitled to
Vote.

TRENTON, Feb % l5uz.-lH ne etSetto.
pf a brigadier general to command the
First Regiment, scheduled to be held IN
Jersey City tonight, will not take place
The election has been enjoned by an
prder signed by Supreme Court Justice ),
Franklin Fort and filed in the clerk
pffice yesterday
The order was secured by Colonel Rob-
srt G. Smith, commanding the Fourth
Regiment, and who aspires to become the
brigadier commander.
Colonel Smith takes the ground that
the captains of the First Troop of New
ark and Battery A, field artillery. OF Or
ange, are not field officers, and therefore
under the constitution not entitled to vote
Tor the new brigadier, although the or
Ter of General Wanser, the division COM
mander. calling for the election, express
Iy provides that these officers shall as
semble with the others.
The application to the court for an or
der restraining the election is result OF
the keen rivalry to succeed General Wan
ser as brigadier commander, the leading
sspirants being Colonel Smith, of the
Fourth Regiment of Jersey City, and
Colonel Campbell, of the First Regiment
of Newark.
Colonel Smith and his friends have for
some time contended that cavalry and
artillery captains both of whom are from
Essex County, are not entitled to vote
for the new brigadier general, while Ceio-
mel Campbell as strenuously argues that
they are.
Colonel Campbell also comes from Es-
sex County, and it is generally conceded
that his chances of success would be
enhanced by including the two captains.
from that county, while the chances of
Colonel Smith would be correspondingiy
diminished
The question as to the right of the cap
tains to participate is dependent upon the
construction placed upon the constitution
and the act of 1900.
Article VII, section l. paragraph of
the State Constitution provides:-
.sBrigadier generals shall be elected by
the field officers of their respective bri-
gades.'
Under the act of 1900 reorganizing the
National Guard the following provision
appears regarding cavalry and artillery
officers
THE commanding officer shall be en-
titled to vote at any election of a briga-
dier general of the brigade to which the
troop Cor battery shall be attached"
This. in the minds of military men, re-
solves the whole matter down to aues-
ton as to whether captains of troops and
batteries as constituted in the National
Guard are field officers. and. if so. wheth-
er they are field officers of the brigade to
which their commands are attached.
Colonel Smith takes the generally ac-
p7 oil off nm sief
only of majors lieutenant eolonels and
colonels. and no other officers whatever.
He argues that the cavalry and artillery
captains are no more field officers than
are the captains of infantry companies,
but that they are in reality company com
manders or line officers.
The very language of the statute, to-
gether with general military practice, is
also relied upon by Colonel Smith as es-
tablishing clearly that to whatever class
these captains belong they are not field
officers of the brigade as referred to in
the constitution.
The act OF 1900 prescribes that they shall
be entitled to vote in the choice of a COM
rnanding officer for the brigade to which
their command shall be attached
This Colonel Smith construes as equiv
alent to a declaration that the cavalry
and artillery arms do not actually con-
stitute a part of the brigade.
This contention is in line with the prac-
tice in vogue in the regular army on
which the reorganization of the National
Guard was based.
The regular cavalry and artillery form
Independent arms of the service, divis-
ions of which, however, are attached to
a regiment. brigade. division or army
corps, as occasion may require, but are
not regarded as forming part of the
division except for the time being.
In the case of the National Guard,
there is slight difference in the 'situa-
tion in so far as the two troops of cav
airy and the two field batteries of artiI-
lery may be regarded as permanently al
4ached to the brigade with which they are
respectively rated.
1t is interesting, however, to note in
this connection that in all orders ema-
mating from division headquarters and in
Guiding brigade with the cavalry ar
railery or signal corps attached, reference
lie made to the brigade as though it in
cluded only the infantry regiments. the
artillery, cavalry and signal corps being
specifically designated In addition.
Several local military men were seen
last night and while regretting the un-
fortunate controversy all were agreed in
The opinion that the artillery and cay
airy captains could not properly be class
ed as field officers They agreed that
they could only be so rated on the
ground of being at the head of independ.
ent commands and this being so tney
could not be properly classed as field
officers of the brigade.
1t looks as if the court will be called
upon to decide some nice questions OF
military law. The order signed by Jus.
tice Fort prevents any action under tho
orders calling for the election except thai
the officers may meet and adjourn from
time to time pending decision by lhs
court.
General Wanser IS cited to appear be-
fore the court next week to show Gauss
why the certiorari asked for by Colone
Smith should not be allowed.
Accompanying the application is az
affidavit of Colonel Smith. the full tex
Of which is as sollows:--
Robert G. Smith being duly sworn ac
cording to law and his oath says that h'
Is one Of the field officers Of the Firs
Brigade, National Guard, New Jersey
to wit Colonel of the Fourth RexiYnen