ant of the battalion or regiment, the efficiency of the band and the best interests of the service may require. All such companies, troops, batteries, bands, battalions, and regiments, shall be governed by the military law of the state, the code of regulations, the orders of the governor, and by the regulations, articles of war, customs and usages of the United States army, as near as may be practicable, and in all drills and ceremonies, shall conform to the standard tactics of the United States army. How organizations shall be governed. As amended How new companies, troops, and batteries may be organized. Section 13. Companies, troops, and batteries, may be organized upon the petition of a number of persons subject to May 7, 1877. military duty, equal to the minimum required for such organization. Such petition shall be forwarded to the governor, and, upon its receipt, if it appears that such proposed organization is composed of proper material, and its location suitable, and that the organization can be made efficient, the petition shall be referred to an officer designated by the governor for that purpose, who shall direct that the petitioners be assembled at a convenient time, and shall then inspect and receive into the service of the state, for the term of five years, unless sooner discharged, such of the petitioners and other persons, not less than the minimum number required, as in his judgment are proper persons to enter the service. He shall then lead the persons so received, to elect, by ballot, the commissioned officers allowed by law, and shall transmit to the governor a certificate of such election, together with a muster-roll of the organization, duly signed by the persons so received into the service, and such persons shall be considered duly enlisted: provided, that if any independent military company, fully armed and equipped, the organization of which has been continuous for at least twenty years last past, shall agree to be subject to all calls of the governor for troops, in case of war, insurrection, riots, or invasion, and at least forty of the active members thereof shall have signed an agreement to that effect, and filed the same with the governor, the active and contributing members thereof, not exceeding the number allowed by section twelve, shall be entitled to all privileges and exemptions allowed to members of the national guard; and the active members thereof, who have signed such agreement, for neglecting or refusing to respond to any such call of the governor, shall be subject to the same fines and penalties as members of the national guard for like offenses; and provided, further, that all members who enlisted in any such organization after the filing of the original agreement, shall sign a like agreement, which shall also be filed with the governor; and that such companies shall be kept up to at least a minimum of forty active members. The commanding officer of each battalion or regiment may, in his discretion, enlist and organize a band of musicians, upon the basis prescribed in section twelve. Section 14. After the organization of a company, troop, or As amended Enlistment As amended battery, or band, recruits may be enlisted into the same, and shall sign their names to an enlistment roll, to be furnished by the adjutant-general for that purpose, and such signing shall be a legal enlistment. Section 15. The governor shall prescribe for the national guard such regulations not inconsistent with this act as will increase the discipline and efficiency of the same. He shall, as soon as practicable after the passage of this act, convene a board of not less than three nor more than five officers, who board to pre- shall prepare and submit for his approval, a code of regula Governor to convene pare code regulations. Power to tions for the government and regulation of the national guard, which code, upon its approval by the governor, shall be printed and distributed to the various organizations, and shall take the place of and annul all company, troop, battery, battalion, and regimental constitutions and by-laws, except such as may be allowed by said code. The governor shall have power at such other times as, in his judgment, it be necessary to convene like boards for the other boards. review and amendment of said code of regulations, and the convene The governor to appoint board of examiners. Time given newly elected officers for preparation. Powers of presidents of boards. Pay and allowances. As amended Batteries and consideration of other military questions and subjects in interest of the service. The governor shall, from time to time, appoint boards of examiners, consisting of not less than three nor more than five competent officers, whose duty it shall be to examine as to the capacity, qualifications, propriety of conduct and fitness of all officers holding commissions in the national guard. A full report shall be made to the governor by such examing boards, giving the result of the examination of each officer so examined, and such recommendations as shall by them seem proper and just. Such examinations shall be governed by and conducted according to such rules as the governor may prescribe, not inconsistent with law: provided, that at least three months' time from the date of commission shall be given newly elected officers for preparation, and that such examinations shall be held at such times and places as shall best accommodate the officers to be exam ined. The senior officer of any such board shall preside, and the junior officer act as recorder. The president shall have power to appoint a provost marshal for the board, and shall have the same power to compel the attendance of witnesses as is given to presidents of courtsmartial by section forty-seven. The members of all such boards, the provost marshals, and the witnesses, shall be entitled to the same pay and allowances, and be paid in the manner prescribed in section forty-seven. Section 16. When companies of infantry exist in sufficient numbers, the governor may organize them into battalions and regiments, which shall be officered as provided in section twelve. Such battalions and regiments shall be numbered, and the nies lettered. companies composing them lettered, by the adjutant gen eral. Troops of cavalry and batteries of artillery shall be numbered, and two or more batteries may be consolidated by the governor, at his discretion, so as to form a four-gun or six-gun battery, with the strength and upon on the basis prescribed in section twelve. A record of such numbering and lettering shall be kept in the office of the adjutant general. Section 17. The governor shall appoint the following staff officers, with the rank of brigadier general: One adjutant general, who shall also be inspector general and chief of staff; one quartermaster general, who shall also be commissary general of subsistence; one surgeon general, and one judge advocate general; and the following staff officers, with the rank of colonel: One assistant adjutant general, one chief of engineers, and such number of aids-de-camp, not exceeding ten, as in his judgment the best interests of the service may require. The adjutant general shall have an office in the capitol, and shall receive for his services a salary of two thousand dollars per annum. The assistant adjutant general shall serve in the office of the adjutant general, and shall have authority to sign, officially, any copy, transcript, or other document pertaining to the records or duties of the office of the adjutant general, and for his services shall receive a salary of fifteen hundred dollars per annum. In time of peace, and when not otherwise ordered by the governor, the adjutant general shall also perform the duties of quartermaster general. Section 18. Whenever, in case of war, insurrection, invasion, or other cause, it becomes necessary or expedient, the governor may order the quartermaster general upon duty, and direct that he shall receive from the adjutant general and take charge of all ordnance, ordnance stores, camp and garrison equipage, subsistence and supplies belonging to the state, and shall so remain on duty until relieved by the governor, whereupon he shall transfer all stores on hand to the adjutant general. The quartermaster general shall receive for his services a salary at the rate of two thousand dollars per annum while actually employed. Whenever, under like circumstances, it becomes necessary or expedient, the governor may also organize a subsistence or commissary department, and may appoint such number of assistant commissaries, with the rank of captain, as may be necessary, who shall act under the orders of the quartermaster general, and shall receive for their services a salary not exceeding one hundred dollars per month, for the time actually in service, and whose commissions shall be canceled when their services are no longer required. Section 19. Whenever, in case of war, insurrection, invasion, or from other cause, it becomes necessary or expedient, the governor may order the surgeon general on duty, and direct that he shall take charge of the medical department of the military organization of the state, and he shall, for As amended May 7, 1877. Medical deSurgeon general. partment. Burean of military justice, how organized. Officers to make annual reports. As amended how elected. As amended Line officers As amended his services, receive a salary at the rate of two thousand dollars per annum for the time actually employed: provided, that any pay or emoluments received by any staff officer from the United States government, during the time actually employed in the service of the state, shall be deducted from the salaries aforesaid. Whenever, in his judgment, the best interests of the service may require it, the governor may organize a bureau of military justice, and detail such officers to act as judge advocates, under directions of the judge advocate general, and assign to them such duties as a proper administration of the affairs of such bureau may require. The adjutant general, quartermaster general, surveyor [surgeon] general, chief of engineers, and judge advocate general, shall make to the governor annual reports of the transactions of their respective departments, up to and including the fifteenth day of November. Section 21. Field officers of regiments and battalions, shall be elected by ballot by the officers and enlisted men of their respective regiments or battalions, to serve for the term of five years, unless sooner discharged. Section 22. Line officers shall be elected by ballot by the officers and enlisted men of their respective companies, troops or batteries. All elections of officers held under this act, shall be governed by such regulations, not inconsistent with law, as the governor may prescribe; and in all cases, a majority of all the votes cast at an election shall be necessary to a choice. Section 23. Commissioned and non-commissioned staff officers, and the leader and sergeants of the band of each battalion or regiment, shall be appointed by the commanding of battalions officer thereof; non-commissioned officers of each company, or negiments, troop or battery, shall be appointed by the commandant Staff officers and officers of the band. Certificate from colleges of military instruction given. As amended Resignation and dismissal of officers. thereof. All non-commissioned officers shall be furnished with a warrant of authority, signed by the commandant of the company, troop or battery, and by the commandant and adjutant of the battalion or regiment to which the company is attached. Whenever military instruction is given at any college in this state, by an officer of the United States army detailed for that purpose, every student who has received such instruction, shall, upon his quitting such college honorably, be furnished by such officer with a certificate, showing that such instruction has been given, and the degree of efficiency attained by said student. Section 25. No officer shall be considered out of service uvon tender of his resignation, until it shall be accepted by the governor. Commanding officers of regiments, battalions, companies, troops and batteries, shall receive the resignations of such officers of their respective commands as may resign, and shall transmit such resignation to the adjutant general, with indorsement of approval or disapproval, and a statement of facts; and the governor is hereby authorized and empowered to discharge from the service, any incompetent and unsuitable officer, upon the report of a board of examiners finding such facts as to warrant such discharge; and, in like manner, to discharge any officer who neglects or refuses to perform his duties as required by law and regulations, or neglects or refuses to obey such lawful orders as may be given him by his superior officer. Whenever any company or battery shall become reduced Governor below one-half of the minimum strength, or from general may disband insubordination, contention, or from other causes, it may battery. become demoralized and inefficient, and its disbandment be necessary for the good of the service, the governor may disband the same, and order the officers thereof to be mustered out of the service: provided, however, that no individual member of any troop, company, or battery, shall be dishonorably discharged, except upon due trial and conviction by court martial, or in some other lawful manner. Section 27. The governor shall provide for the election of officers to fill all vacancies. Section 30. In addition to the troop, company, and battery drills, of which there shall be at least one every month, there shall be at least one battalion drill of each battalion or regiment in each year, at such times and place as may be most convenient, and two public inspections of each troop, company, and battery in each year-one in and including its armory, and one during the encampment, or at some other suitable time-such inspection to be made by the adjutant general, or some officer acting under his authority, and a full report of each inspection shall be made and filed in the office of the adjutant general. There shall also be an encampment of each troop, unattached company, battery, battalion, and regiment, at least once in each year, to last not less than four nor more than six days, to be held between the first day of May and the first day of November. Battalion and regimental encampments shall be held at such times and places as the commanding officer may direct, at least two weeks' notice thereof being given to each company commandant. A notice of time and place of holding all encampments, shall be sent to the adjutant general by the respective commanding officers. During such encampment the usual camp routine shall be observed, as near as practicable, and the officers and men governed by the regulations, customs, and usages of the United States army. The commanding officer of every such encampment, may fix certain bounds to his encampment, not including any public road, within which no spectator shall enter without leave; and whoever shall intrude within such limits, after being forbidden, or whoever, after entering by permission, shall conduct himself or herself in a disorderly manner, or whoever resists a sentry or guard, acting under orders to prevent or As amended ments. Inspections and report of. Command ing officers may fix limcampment. its of en |