The Republican journal., 1905-03-30

be constituted as provided in section
forty Of this act; provided, that the
members Of such band shall furnish
their own uniforms and instruments.
charge by the colonel at his pleasure.
Section As. A brigade shall consist
of one brigadier general with staff to
be constituted the same as now or may
be hereafter provided for the regular or
volunteer army of the United States. and
not less than two regiments Of infantry.
At camps Of instruction, maneuvers or
field exercises, or when called into &C
tive service for the state in case of riot,
instruction. tumult or invasion. actual
may attach to a brigade such troops of
cavalry, batteries of artillery and organi-
cations of special troops, as may appear
to him advisable
Section 6. Section sixty Of said act is
hereby amended by inserting after the
word service" in the tenth line thereof
the following:
Provided, that an officer having sue
cessfully passed an examination before
said board and being commissioned in
the rank Of major shah be exempt from
further examination in case of election
or appointment to higher rank by
striking out the word enlarge" in the
eighteenth line and substituting there
for the word 'extend; by adding thereto
the following: Whenever in the opinion
of the COMMUNICATIVE chief the necessity
exists, any commissioned officer may be
ordered before the board Of examination
who may inquire into his moral charac-
ter, general knowledge of military af
fairs, and fitness for the service. Said
board to report it's findings to the COM
mander-in-chief for such further action
as he may deem advisable So that
said section as amended, shall read as
follows:
Section CO. The commander in chief
shall Mt military hna Of fhrpQ
officers to inquire into the qualifications
Of all persons elected or appointed to
any Office below the grade of brigadier
general and claiming commission
under this act. except upon the stan of
the commander-in-chief. and no commits
sion shall issue until the person so
elected or appointed shall have passed a
satisfactory examination before such
board, as to his moral character. his
general knowledge of military affairs
proportionate to the Office to be held,
and his fitness for the service, provided,
that an officer having successfully
and being commissioned in the rank Of
major shall be exempt from further ex-
animation in case of election or APP
pointment to u higher rank. If he fails
to appear before the board when notified
or is adjudged unqualified, a new cleo
ton shall be ordered or appointment
made; and no person who has failed to
pass such examination shall be eligible
to election or appointment to an office of
equal or higher grade in the National
Guard, for the period of one year there
after. Such examination shall be made
within thirty days after the election or
appointment unless the commander-in-
chief shall for good cause extend the
time. At least two members of said
board shall be of a grade equal or supe-
rior to that of the Office to be filled. In
case said office shall be of the medical
staff or naval reserve. then, for the
.
come a member of the board. the sur
geon general, and for the latter. an Off
Ger of the naval reserve, other than the
person to be so examined. In case OF
the absence of any member of the board,
or of disability To sit by reason of rank,
or if for other cause the board is not
of the required number, the commander
in-chief may detail an officer for the
time being. Whenever in the opinion of
the commander-in-chief the necessity
ordered before the board of examination
who may inquire into his moral charac-
ter. general knowledge of military
affairs, and fitness for the service. Said
board to report its findings to the COM
mander-in-chief for such further action as
he may deem advisable
Section Z. Section one hundred and
twelve Of said act is hereby amended by
inserting between the words witnesses"
and and in the fourth line thereof.
the words .br I'd forfeiture Of pay and
allowance due Ypr military service, or
BOTH, SO that said section, as amended.
shall read as follows:
Section liz. Courts martial may.
when no other punishment is fixed by
law, sentence an officer or enlisted man
convicted by them, to pay a fine OF not eN-
ceeding two hundred dollars and costs
of witnesses. or to forfeiture OF pay and
allowances due for military services, or
both; and ali fines and costs imposed by
them may be recovered by the adjutant
general in an action of debt in the name
of the state. They may in addition to
the foregoing or any other punishment
fixed by law. sentence an officer con-
victed by them to be cashiered, dis
honorably discharged. discharged with
out honor. discharged, or reprimand-
ed in orders, and if sentenced to be
cashiered or dishonoraDly discharged the
life or for any term of years according
to the aggravation Of the offense, for
holding any military office. And they
may also in addition to the foregoing.
or any other punishment fixed by law,
sentence any enlisted man convicted by
them to be dishonorably discharged, dis
charged without honor or discharged,
or may adjudge him disqualified for life
or for any term of years according to
the aggravation Of the oifense for re-en-
listment or for holding any military
office
Section g. Section one hundred and
fourteen OF SAID act is hereby amended
by striking out the word land" in the
sixth line, and inserting in place thereof
the word or so that said section, as
amended, shall read as follows:
Section ia. The commander-in-chief
may. from time to time, appoint military
boards of inquiry to consist of one or
more officers, not exceeding five, and a
recording officer to reduce the proceed
ings and evidence in writing, whose duty
it shall be to examine into any military
transaction, or into the qualification. eff
cheney or propriety Of conduct of any
officer or soldier, who may be ordered
before them for such examination; or
for the purpose of settling any military
question, or for establishing good order
and discipline; the members thereof and
witnesses examined by them shall be
sworn, the board shall report to the COM
mander-in-chief, who may take such
action by order or otherwise as he may
deem advisable. but if the report is ad-
verse to any officer or soldier, and is
approved by the commander-in-chief, he
may in his discretion dishonorably dis
charge, discharge without honor or
vacate the commission of such officer, or
dishonorably discharge. discharge with
out honor or discharge such soldier, but
the comma nder-i n-chief shall have
power to remit or reduce after convic-
ton, all forfeitures and penalties and to
grant reprieves, combinations and par
dons, or order a rehearing or new trial
in any case tried or heard under the
provisions Of this act
Section 9. Section one hundred and
fifteen of said act is hereby amended