Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-07-29

hereby ancndco 10 a. 70 fcnu a. touoNs
as1-ExamlnsaiOas Reaulred Coz commlssloa.
Every person commissioned NJ an officer OF the
National Guard Of Florida. except chaplains, shan
unless otherwise specially provided by Law, be
examined a. Co his qualifications for Office. and 10
person shall be appointed until he has passed a
satisfactory examination as 20 his capacity, gen
erAl qualifications and knowledge OF military
affairs proportionate 10 the requirements Of the
Office Cor which ne has been selected The Com.
mander in Chief may appoint examining boards
10 conduct such examinations, and whenever any
fore board as directed. he shall be considered TO
have failed 20 qualify. and commission will not
issue The Commander in Chief may also con-
vene examining boards 90 determine the fitness Of
officers for promotion.
(a)-whenever the Commander in Chief NAV
deem IL advisable. he may order an officer before
an examining board for examination as Co has fit
ness for practical service. An officer who in the
opinion OF any superior commanding officer or the
chief Of any staff corps or department, Is compe-
tent, ~ Is impairing the efficiency Of the organi-
zation 90 which be may be attached by misman-
agcment neglect. or by misconduct in civil life Of
which he Is not amenable To court martial may,
upon the recommendation OF such commanding
ordered before a board for examination as 90 his
fitness for holding office. Said board Will inquire
into the complaints filed against the officer, and
may examine him as 90 his mental and military
qualifications but the defendant may produce any
competent evidence by witnesses Or otherwise and
may be represented by counsel. The president Of
an examining board convened under this para
graph may administer oaths 20 witnesses, and may
issue summonses and require the presence Of wit
nesses: the boara having in this respect the same
powers as are granted to courts martial.
judge-advocate may be detailed to attend the ait
tings Of an examining board convened under this
paragraph Upon the conclusion OF its investi-
cations the board will report its findings, based
upon the testimony presented TO IT, and its recon-.
rnendaiions, to the Commander-in- Chief, who
may, Il the board so reoommends, vaeate the COM
service. Should an officer fail TO appear before
such q board so ordered, the Commander-in-
Chief may vaeate his commission and discharge
him from the service. The pay Of members Of an
examining hoard convened under this paragraph,
fees Of witnesses and allowance for travelling exs
penses, shall be the same as provided for courts
martial
b)-ExamininR boards shall consist Of not leSs
than three and not more than five officers; Pro-
vlded. however. That a majority Of the members
OF the board shall be competent 20 conduct the
examination
tC)-An examining board shall report adversely
upon any candidate for commission OF officer or
dered before u against whom there Is sustained q
charge Of immortality, dishonesty. intemperanco
gentleman
Sec %. That Section osJ Of the General Stat
utes Of the State Of Florida be. and the same 70
hereby amended 20 as 20 read as follows:
esj-Assigament and Transfer % Osflcers--
OhiceFs OF all grades in each arm OF the service
shall be assigned 10 organizations and artillery
districts transferred from organization or dis
tct 10 another the interests OF the service may
require. by order Of the Commander IN Chief: and
all appointments viii be by commission in the
stan corps or department. or in the arm Of the
vice. and not by commission in any particular
regiment or command.
(a)-The Commander-in- Chief may divide the
State into regimental and battalion districts and
all field and staff officers OF the line shall be resi-
dents Of the military district in which their regi-
ment or battalion Is situated. Pield and staff
officers permanently removing from the military
district OF their organization shall be considered
TO have resigned. and, unless responsible for the
military properly or funds. or delinquent, the
CommandeT-in-Chief may discharge them and
provide Tor hlhng the vacancy as in the manner
prescribed by regulations All company or troop
officers must be residents Of the station OF their
examination OF It's immediate vicinity
b)-Ihe Commander m Chief may. with the
organization Of the Coast Artillery Corps. Nation
al Guard Of Florida 90 the United States artillery
districts within the State Of Florida this for puT-
poses OF administration and instruction.
Sec. ~. That Section asa al the General Stat
utes of the State OF FLORIDA be. and the saue 10
hereby amended No as TO read as follows:
O6l-Raak Of OfiicerS-Commission OF officers
shall bear the date Of actual appointment. bat
each oticer shall. upon original appointmeat take
rank from the date on which he fniShes mis- exami-
nation, which date shall he expressed m his com
mission. Provided. however that in the case of
appointments made without further examination
from non commissioned officers who have quali-
ned as candidates for commission the rank
shan be from the date on which the appointment
u made
ts)-Ohicers Of each grade shall take precs-
denee according 20 the cate Of their rank and
when two of the same grade are Of the same date,
their precedence shall be determined by length Oh
service, continuous or otherwise, in the military
forces OF the State, or Of the United States and II
OF equal service then by lot. Officers who are re-
appointed, serving continually in the same grade
shall rank from the date expressed in their original
commission % such grade.
OH no case shall any colored officer conn
mand white troops
Sec. IS. That Section go Of the General Stat
utes OF the State Of Florida be, and the same %
hereby amended 50 as TO read as follows:
SSo-Dtseharge and Removal ci Otficers.-An
oihcer may be honorably discharged by the Com
mandeT an Chief upon the removal Of his residence
beyond the state; -nHan tender Of resignation:
upon the disbandment Of the organization 20
w ,l ne belongs or upon the expiration Of his
delivery officer discharged from the service
shall be entitled 20 a certificate Of discharge
bl-Ihe Commander in-Chief may vAcate the
commission Of and drop from the rolls OF the Ma
tonal Guard Of Florida the name Of any officer
by civil court
(cl-The Commander in Chief NAV yaeate the
commission Of and discharge from the National
Guard OF Florida any officer W no shall disobey an
orter 10 appear before examining board for
EXAMINATION or upon the recommendation of a
board OF examiners when u appears that the Off
Ger Is unable or unfit TO discharge the duties Of his
Once or 20 exercise proper authority over inferior
Officers OF mhsted men.
OWED an officer has been absent from
duty without leave for more than thirty DAYS he
snail be considered IN desertion. aud the Com
mander IN Chief may vacate his commission and
cause has name 20 be dropped from the rolls OF the
National Guard Of FLORIDA
tel-No officer shall be dismissed from the ser
wee IN time OF peace except by sentence OF court
martial, and no officer who has be8n dismissed
from the service by sentence Of a court martial
properly approved by the reviewing authority,
snail ever be restored 70 the service EXCEPT by the
pardon Of the Governor.
Sec 10 That Section 6s- Of the General Stat