The Montgomery advertiser., 1903-10-09
GENERAL LAWS
ENACTED BY THE LEGISLATURE
 OF ALABAMA.
Continued from Page Twslve.)

To amend Sections 2. F and 15 of m Act
 entitled An Act to regulate the vol
 unteer military forces of tile State of
 Alabama, approved February a, 1893.
 and to add thereto Sections 90. a and
 B.
 Section 1. Be it euacted by the Lesis- lature of Alabama, That Section 2 of an Act entitled an Act to regulate the vol unteer military forces of the State, ap- proved February g. 1899. be amended so as to read as follows: That the stan of the comrnander-in-chief shall consist of the following officers, to be appointed by him and commissioned as officers of the Alabama National Guard, holding of ice at his, pleasure, except as n1ay he otherwise provided: One Adiutant Gen. eraI. who shall be chief of the stan; one Inspector General. one Quartermaster General, each with the rank of Brigadier General, one Judge Advocate General, who shall be member of the Supreme Court bar of ct least five years standing; one Surgeon General who shall be a graduate of some incorporated school of medicine and of at least i've years prac- tice; one Chief of Engineers. one Chief of Ordnance, one Paymaster General. one Commissary General of Subsistence. and one Inspector General of rife practice, each of the grade of Colonel of cavalry; one Assistant Adjutant General, of the grade of Lieutenant Colonel of cavalry; four aides-de-camp, each of the grade of Lieutenant Colonel of cavalry.
 Sec. 2. Be 1t further enacted. That Sec tion F be amended so as to read as fol- lows: That all officers shall be commits stoned by the commander-in-chief. and no person shall be commissioned in the Ala bama National Guard who is not citizen of this State, or who Is under the age of H years. The Governor may, in his discretion, before commission is issued. order any officer of the Alabama, National Guard for examination before military board which shall be 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 martiais, touching the applicants capacity. general qualifications and knowledge of military affairs, proportionate to the requirements of the office for which he has been se- lected: and if such examining board snaii report adversely to such applicant ne shall not be commissioned as an on1cer The commander-in-chief may also con- vene examining boards to determine the fitness of officers for promotion' and also, whenever to him 1t appears advisable. or upon the request Of any superior commanding officer. may order any officer before a board of examina- tion as to his fitness for military service. and upon report of the board, if adverse to the officer may declare his commits 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 omcer. The report of such examining board must be forwarded through the proper mlli- tary channels to the commander-in-cnier: Provided, That nothing in shis 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 mill itary offense. within the meaning of this act including any delinquency or viola tion of the laws, rules, regulations or or ders governing the militia or national guard of this State, as we'll as of the laws or regulations governing the army and navy of the United States, as far as ap- plicable to the militia or national guard 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 Omcers Commissioned officers may be tried by court martial for the following offenses, and on conviction thereof may be sem fenced to be cashiered, and sE3ll thereby become ncapacitated from holding any military commission, dismissed, fined to any amount not exceeding one hundred (s100) dollars and costs of prosecution. or. in default of payment thereof, imprisoned fin a county jail not exceeding sixty (6O) days, or reprlmanded, or to all or eltner of said fines sad penalties: First. Con- duct unbecoming an officer and a gen. tleman Second. Drunkenness on duty. Third. Neglect of duty, or$leaving his most or command. Fourth. Dtsobedtence of orders Fifth. Oppression of any un- der his command. Sixth. Conspiracy or attempt to resist or eva6e lawful orders, pr advising any person so to do. Seventh. Insult or disrespect to superior officer In the line of military duty. Eighth. Making a false certificate, account. mus fer or return. Ninth. Conduct to the pre- fudicA of good order and military disci- nline Tenth. Embezzlement or misap- oropriation of military or company funds, or wrongful conversion Of company, State or government property. Eleventh. Wrongfully disclosing, or making i'm nroner use of a watch word or parole. twelfth, Desertion or cowardice. Thir- leenth. Wasting or destroying company, State or government property Four teenth. Any other violation of the laws, rules regulations. and orders governing inc national guard. as well as the articles
 
 as far as consistent with this act l. Off, 6cers' delinqueneies. Officers may be tried by court martial and fined. not ex- ceeding ten Q0) dollars, and costs of pros ecution. or in default of payment thereof, imprisoned in a county jail not exceeding five days for non-attendance or tardiness at any drill, parade, each day of encampment, inspee- ton. or other duty ordered by competent authority. g. Triable offenses of enlist' ed men. Enlisted men may be tried by court martial for the following offenses: First. Wilful disobediance of orders Second 6isrespect to superfors. Third, mutiny. Fourth, desertion. Fifth. drunk Anness on duty. Sixth, neglect of duty. Seventh, making false report, certificate pr 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 Cuard. On conviction such enlisted men may be sentenced to be dishonorably dis charged with loss of time served, reprt- rnanded and if a non-commissioned off, dcer. reduced to the ranks, or fined to an amount not exceeding fifty (50) dollars and costs of prosecution or in default of nayraent thereof, imprisoned in a county fail not exceeding thirty (30) days. or all ar either of such fines and penalties. 3. Delinauencies of enlisted men. Enlisted men may be tried by court martial. or summary court. for the following oftenses: First. Absence without leave from or tardiness at any drill. parade, ,encampment leach day). meeting for instruction, or other duty ordered by competent authori-