The Somerset reporter., 1909-04-08
Section a.. Commissioned ofiicers Of -

Section 4s. Commissioned officers Of tho
naval reserve shall have the same au-
thority, rights. privileges, and qualincas
tons, grade for grade, as commissioned
officers of the national guard. and, IL not
otherwise prescribed, shall be elected or
appointed In the same manner; but the
bonrd of examination, In the case OF the
election or appointment of an officer OF
the naval reserve shall consist of at least
one commissioned officer OF the naval re-
serve, active OF retired jhe commanding
officer of the ships company shall be
elected by the division commanders, and
the election OF. division commanders shall
be as prescribed for the election OF COM
pany officers OF the national guard; but
whenever the governor shall have au-
thority to appoint commissioned officers
of the national guard he shall have the
power 10 appoint commissioner MS oHlcefs
of the naval reserve In Ike manner.
Section AZ. All officers shall be commits
stoned by the governor at his discretion,
but no one shall be commissioned unless
the conditions and qualiilca tons set forth
in the following sections have been COM
piled with. and no one shall be recognized
as an officer unless he shall have been
duly commissioned and shall have taken
the constitutional oath OF office. The ac-
eeptance OF a commission in the militia
OF this state shall be deemed resigna-
tion by the person accepting the same OF
all other commissions held by him In
such militia In no case shall any officer
in the active militia be commissioned to
u higher grade than that prescribed for
the corresponding. command by the laws
and regulations for the government of
the regular army and navy OF the United
States or of the organized militia.
Section As. Commissioned officers must
be citizens of the United States and
twenty-one years of age or over. No
person who has been expelled or dishon-
orably discharged from any military or
naval Organization OF TINS or any other
state or o. the United states shall be
commissioned. and no person shall be
commissioned unless he shall possess the
additional requirements prescribed In tins
chapter for the particular office to which
In time of war, instruction, invasion,
rebellion, or imminent danger thereof, the
governor shan have the power to I'LL any
vacancy in any field grade by the ap-
pointment thereto of any officer on the
active list of the army, navy or marine
corps of the United States.
Section 40. Rank and precedence of
officers and non-commissioned officers or
the national guard of this state, the rela-
tive rank between officers thereof and Of
the naval reserve, the power of command
and the commands appropriate to each
grade, shall be as determined by the laws
and regulations for the government OF
the regular army and navy OF the United
States; except that when an officer is
commissioned to fill vacancy caused by
the expiration of his own term of service
he shall take rank from the date Of his
original commission in that grade.
Section 90. General, field, and company
officers, of the line, shall be elected as
follows: Brigadier generals by the. writ
ten votes of the field officers of their re-
spective brigades; field officers by the
written votes of the captains and subalt-
erns of their respective regiments or
corps; captains and supalterns ey me
respective companies; subject to the age
limit prescribed in section fifty-two:
Provided that any officer now in active
service and holding a commission In the
active nli1i1ia shall be eligible - re-
election; provided also, that II section
one, article seven of the constitution of
the state shall be hereafter anne nded In
such manner as to permit the legislature
to prescribe the mode of selecting officers
for the grades herein specified, then, on
and after the first day of July next sue
ceeding the adoption of such amendment
the said officers shall be promoted and
appointed by the governor as follows and
the elective system prescribed In TINS
chapter shall cease to exist, otherwise to
remain In full force and effect: Vacan-
cies in the grade of brigadier general
shall be filled by promoting the senior
colonel; vacancies in the field grades OF
a regiment or corps by promoting the
senior officer of the regiment or corps,
of the next lower grade; vacancies in the
grade of captain and lieutenant by pro-
noting the senior officer of the COM
pany, of the next lower grade Subject
in each case to examination as provided
in section nfty-eight. Vacancies in the
grade of second lieutenant shall be filled
men of the company. and any battalion
and regimental non commissioned staff
officer who was appointed from said com
pany, shall If physically sound be eligible
for appointment, and shall be permitted
to appear before an examining board, for
a physical and a competitive practical
and theoretical examination; the enlisted
man whom the board considers, after the
competitive examination, to be the best
qualified shall be appointed to fill the
vacancy. The governor shall prescribe
regulations as to the scope and the man.
ner of conducting such examination, and
IL no such enlisted man appears or II
none satisfactorily passes said eXamna-
ton, then the governor shall fill the
vacancy by making an appointment from
the enlisted men OF the organization in
which the vacancy occurred
Section 81. The adjutant general shall
issue orders for all elections, shall detail
II suitable officer other than candidate
to preside thereat and shall give or
cause to be given by commissioned ofll-
GERS notification to all qualified voters
when. where, and for what office the
election is to be held, by written or
mail, or left at the last and usual place
of abode at least four days before the
date of the election. The officer or off,
certified written return of the persons
notified and of the manner of service, and
present the same to the presiding officer
before the polls are open. At the time
10 preside thereat, or in his absence a
qualified officer authorized by him to act
for him, or in the absence of such ofhcer
the commissioned officer highest in rank
of those present not being a candidate
shan require the return OF the seIvi ls,
OF nollce, tne roster ol NE orisa "i nss
Iien', Oh COMPANY lIo'l tIie iesal nu"'o
dlan, ana shali ihen open the Poiis, "a "a
majority OF the votes OF al Pen eis", rs
present Notlns AT an erection sIiah o oo
necessary ior cholGe, put IN NJ 1aa '7