The Birmingham age-herald., 1903-10-09


 and to add thereto Sections 50, 3l and
 32.
 Section l. Be it enacted by the Legis-
 lature of Alabama. That Section ? of an
 Act entitled an Act to regulate the vol
 unteer military forces of the State, ap-
 proved February B. 1899, be amended so
 as to read as follows: That the staff
 of the comrnander-in-ehief shall consist
 of the following officers, to be appointed
 by him and commissioned as officers of
 the Alabama National Guard, holding of-
 flee at his pleasure, except as may be
 otherwise provided: One Adjutant Gen
 eral who shall be chief of the staff; one Inspector General one Quartermaster
 General, each with the rank of Brigadier
 General one Judge Advocate General
 who shall be a member of the Supreme
 Court bar of ct least five years standing,
 one Surgeon General. who shall be q
 graduate of some incorporated school of
 medicine and of at least five years prac-
 tice; one Chief of Engineers. one Chief
 of Ordnance, one Paymaster General, one
 Commissary General of Subsistence, and
 one Inspector General of rifle practice, each of the grade of Colonel of cavalry;
 one Assistant Adjutant General. of the grade of Lieutenant Colonel of cavalry:
 four aides -de-eamp, each of the grade of Lieutenant Colonel of cavalry.
 Sec 9 Be 1t further enacted, That Sec
 ton 12 be amended so as to read as fol- lows: That all officers shall be commits
 stoned bv the commander-in-chef, and no person shall be commissioned in the Ala
 bama National Guard who Is not a citizen
 of this State. or who is under the age of T years The Governor may. in his discretion. before a commission is issued,
 order any officer of the Alabama National Guard for examination before q military board which shall he appointed by the
 Governor. to consist of not less than three members who shall have the power to compel the attendance of witnesses, ad- minister oaths and take testimony, as Is possessed by general court martials, touching the applicants capacity, general qualifications and knowledge of military affairs, proportionate to the requirements of the office for which he has been se- 1ected: and if such examining board shall report adversely to such applicant he shall not be commissioned as an officer. The commander-in-ch may also con- vene examining boards to determine the fitness of officers for promotion, and also. whenever to him il appears advisable, or upon the request of any superior commanding officer may order any officer before a board of eXamina- ton as to his fitness for military service, and upon report of the board, if adverse 10 lne ol1ttT, may htbldiit 'pHliiiT- sion vacated; and If any officer so ordered before a board. shall neglect or refuse to appear the commander-in-chief may. up on report to him of such refusal or neg lect vacate the commission of the officer. The report of such examining board must be forwarded through the proper mill tary channels to the commander-in- chief: Provided. That nothing in this section shall apply to the staff of the command er-in-chief
 Sec. 3. Be it further enacted, That sec ton 15 be amended so as to read as fol- lows: Military offenses defined A mil itary offense, within the meaning of this act including any delinquency or viola tion of the laws. rules. regulations or or dens governing the militia or national guard of this State. as well as of the laws or regulations governing the army and navy of the United States. as far as ap- of this State. the offenses hereinafter enumerated shall be defined as similar offenses are defined in the articles of war, laws and regulations governing the Uni ted States army. Offenses of Officers. Commissioned officers may be tried by court martial for the following offenses and on conviction thereof may be sen fenced to be cashlered, and shall thereby become incapacitated from holding any military commission. dismissed, fined to any amount not exceeding one hundred ($l00) dollars and costs of prosecution, or, in default of payment thereof. imprisoned fin county jail not exceeding sixty (6O) days or reprimanded. or to all or either of said fines and penalties: First. Con duct unbecoming an officer and a gen tleman. Second Drunkenness on duty. Third Neglect of duty. or leaving his post or command. Fourth. Disobedience If orders Fifth. Oppression of any un- Ter his command. Sixth. Conspiracy or lttempt to resist or evade lawful orders ,r advising any person so to do. Seventh insult or disrespect to superior ofncer n the line of military duty Eighth Making a false certificate, account. mus CT or return Ninth. Conduct to the pre- udice of good order and military disci- ,line. Tenth. Embezzlement or misap- ,ropriation of military or company funds, ,r wrongful conversion of company, State or government property. Eleventh. disclosing. or making inn proper use of watch word or parole. Twelfth, Desertion or cowardice. Thir- teenth Wasting or destroying company State or government property. Four teenth Any other violation of the laws rules, regulations and orders governing the national guard, as well as the articles of war governing the United States army as far as consistent with this act 1. Of ficers' delinquencies. Officers may be tried by court martial and fined. not ex ceeding ten G0) dollars, and costs of pros ecution, or in default of payment thereof, in county jail not exceeding i've days for non-attendance or tardness at any drill parade, each day of encampment. nspec- tion. or other duty ordered by competent authority 2. Trlable offenses of enlist ed men Enlisted men may be tried by court martial for the following offenses: First Wilful dsobediance of orders Second disrespect to superors. Third, mutiny Fourth, desertion. Fifth, drunk enness on duty. Sixth, neglect of duty. Seventh. making false report, certificate or return Eighth. fraudulent enlistment. Ninth. conduct prejudice to good order and military discipline Tenth. violation of any provision of the military code or rules and regulations of the National Guard. On conviction such enlisted men may be sentenced to be dishonorably dis charged with loss of time served, repri- manded and If a non-commissioned Of fcer reduced to the ranks, or fined to an amount not exceeding fifty (50 dollars and costs of prosecution or in default of payment thereof. imprisoned in a county 1ai not exceeding thirty (30) days. or all or either of such fines and penalties }. Delinquences of enlisted men. Enlisted men may be tried by court martial. or summary court, for the following offenses; First Absence without leave from or tardiness at any drill, parade, encampment leach tday), meeting for instruction, or other duty ordered by competent authori- ty Second Disobedence of standing orders. Third. Neglect of duty. Fourth. Absence from inspection. Fifth. Injur-