The San Francisco call., 1906-09-24
Suit to Be Filed
Against Him in
Civil Court.

An effort is to be made in the Su-
perior Court to wrest his title from
Colonel David A Smith, commander of
the Fifth Regiment National Guard.
Jealousy of officers under Colonel
Smith is ascribed as the cause of
suit that will be filed in the County
Clerks Office today, praying that he
be relieved of his command on the
ground that he did not rise from the
position of line officer" as is re-
quired by military law.
Colonel Smith was elected to the
command of the Fifth a few weeks
ago, and the news that his right to
the position is questioned will come
as great surprise 10 his many friends
and the men in the ranks. He has
been identified with the National Guard
for the past twenty years and is one
Of the most conservative officers in the
militia service.
SMITH DISCUSSES FUNDS.
That the plan of campaign against
Colonel Smith has been carefully
worked out is certain and the papers
are ready to be filed this morning by
Attorney We'll.
The complaint sets forth that Smith
was elected TO the position of Colonel
first served in the capacity of a line
officer and this is alleged to be in
violation of a rule of the National
Guard. -
Smith rose from the ranks in the
National Guard. He showed great ap-
titude and was quickly advanced, serv-
ing as adjutant, major and lieutenant
colonel Unfortunately for him, he
never held the position of captain or
lieutenant of a company. but jumped
from the ranks TO the position of field
officer
Regarding officers of the National
Guard the Political Code, section 1853,
reads: "A field officer at the time of
his election shall have served as
company officer at least two years in
the National Guard of California or
in the United States military service
or both"
This section was incorporated in the
code by the Legislature four years ago.
At the last session the wording was
changed 70 read company instead of
line" officer. thus making Smith in
eligible for his present position.
During the fire Smith was in COM
mand of a detachment stationed at
Jefferson Square. He did excellent
work there. devoting his entire time
to looking after the unfortunate and
enforcing law and order throughout
the district His work was highly
praised by the civil and military au-
thorities and by them it is conceded
that he conducted one of the most or
derly camps in the city after the dis
aster.
When the time came for paying off
the troops. Smith was chosen by the
! adJutant general to handle the State
/ funds, and he has disposed of about
! 100000 while serving in that capa-
! city 1t is said that the question as
! to whether he had a right to disburse
these funds will be raised when the
case comes up for trial
JEALOUSY GIVEN AS CAUSE.
be back of the move to relieve Smith
| of his command are not disclosed. but
/ 1t is said that they&are men well up
in the ranks of the Fifth Regiment
/ Smith is known to have enemies
among his fellow officers and his
| friends say that a certain CLIQUE has
been looking for an opportunity to
| bring about his downfall.
Smith has been prominently identi-
| fed with the militia service since the
days of the late Colonel Mervyn Dono-
/ hue, who was one of his most inti-
mate friends. He has ever been known
as a competent officer and one of the
most skilled tacticians in California.
Colonel Smith is widely known as a
railroad man and he stands very high
in business as well military circles
The proceedings against him will be
watched with eager interest by COM
mercial as well as military men, and
it is a foregone conclusion that Smith
and his friends will make a bitter
fight when the case comes to trial