The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1909-07-30

-ar,;,ed as to his qualifications for Office and ~,
person shall be appointed unit, ne mas passed .
eral qualifications and knowledge OF military
affairs proportionate to the requirements of Tho
Office for which he has been selected The CON-
yoander-in- Chief may appoint examining boards
10 conduct such examinations, and whenever any
candidate for commission shail tan TO appear BE-
fore board as directed, ne snail be considered 20
have failed TO qualify. and commission viii not
issue The Commander-in Chief may also con
vene examining boards to determine the fitness Of
officers for promotion
(a)-Whenever the Commander CHIEF nay
deem it advisable, he may order an officer before
an examining board for examination as % his TT
ness for practical service An officer who n he
,ri,,ior Of any superior commanding officer or tho
chief of any staff corps or department. IS cornpe-
tent or is impairing the efficiency Of the orgzni-
zation to which be may be attached BY misuan-
agement. neglect, or by misconduct N civil life Of
which he IS not annenable to couTt-Tnartial. nay
upon the recommendation OF such commanding
officer chief OF stan corps or department b
ordered before a board for examination % his
fitness for holding Office Said board VIII inquire
into the complaints filed against the officer ard
NAV examine him as TO his mental and military
qualifications; bat the defendant may produce any
Competent evidence by witnesses or otherwise and
NAV be represented by counsel The president of
an examining board convened under this para
graph may administer oaths to witnesses and r1ay
issue summonses and require the presence Of Wit
nesses the board having IN this respect, the same
powers as are granted 70 cOurts-rnaTtial a
1udge-adyocate may be detailed to attend the sit
tngs of an examining board convened under this
cations. the board viii report its findings. based
upon the testimony presented to IT. and It's recon-
uendatons, to the Commandment Chief. Who
may if the board so recommends, vacate the com
mission of the officer and discharge him from Tho
service. Should an officer fail 20 appear bef0rs
such board, so ordered, the COMMANDER IN
Chief may vacate his commission and discharge
him from the service. The pay Of members o. al
examining board convened under this paragraph,
fees of witnesses and allowance for travelling *
peuses. shall be the same as provided for courts
martial.
b)-Exanining boards shall consist Of not less
than three and not more than FIVE officers: Pro-
vided, however, That majority Of the members
OF the board shall be competent 70 conduct he
examination.
/ (c)-An examining board shall report adversely
upon any candidate for commission OF officer or
dered before it against whom there is sustained q
charge of immortality, dishonesty intempera1ce
or other conduct unbecoming an officer and
gentleman
Sec. 10. That Section 6s3 Of the General Stat
utes of the State Of Florida be- and the same il
hereby amended so as to read as follows:
6S3-Assignment and Transfer OF Officers-
Officers of all grades in each arm Of the servica
shall be assigned to organizations and artillery
districts. transferred from one organization dis
trict to another the interests Of the service may
require, by order of the Commander-in-Chie and
all appointments viii be by commission in Tho
staff corps department, IN the arm Of the SER
vice. and not by commission IN any particular
regiment or command.
(a)-The Commander-in-Chief may divide the
State into regmental and battalion districts and
all field and staff officers of the line shall be resi-
dents Of the military district in which their regi
nent or battalion IS situated. Field and stan
officers permanently removing from the military
district of their organization shall be considered
to have resigned, and, unless responsible for the
military property or funds. or delinquent, the
Commander-in-Chief may discharge them and
provide for filling the vacancy as in the manner
prescribed by regulations. All company or troop .
officers must be residents of the station Of their
organization, or It's immediate vicinity.
70 tb)-The Commander rim Chief may. with the
approval OF the Secretary OF War, assign officers or
organizations of the Coast Artillery Corps, Nation
al Guard of Florida to the United States artillery
districts within the State of Florida: this for pur-
poses of administration and instruction.
Sec. "a. That Section oS4 of the General Stat
utes OF the State OF Florida be. and the same d
hereby amended so as to read as follows.
6S4-Rank of Officers.-Commissions Of officers
shall bear the date Of actual appointment. but
each oftcer shall, upon original appointment take
rank from the date on which ne finishes hs exarni-
nation. which date shall be expressed IN his COM
mission; Provided, however. That in the case Of
appointments made without further examination
from non commissioned officers who have Cuah-
ned as candidates Tor commission, the rank
is made
(a)-Oficers Of each grade shall take rrece-
dence according to the date of their rank and
when two of the same grade are Of the same date.
their precedence shall be determined BY length Of
service, continuous or otherwise in the military
forces OF the State or of the United States. and
OF equal service, then by lot. Officers who are re-
shall rank from the date exercised in their oriiral
commission to such grade.
On no case shall any colored officer COM '
mand white troops.
Sec. IS. That Section go of the General Stat
utes OF the State of Florida be. and the same .
hereby amended so as to read as follows:
6So-Discharge and Removal of Officers.-An
oftlcer may be honoTably discharged by the Com
mander-ln Chief upon the removal of his residence
beyond the State; upon tender of resignation
upon the c1Sbandment of the. organization 20
which he belongs, or upon the expiration Of his
term of Office.
ta),-Every officer discharged from the service
shall be entitled to a certificate Of discharge
(b)-Ihe Commander-in-Chiefr may vacate the
commission OF and drop from the rolls Of the Ma
uonal Guard OF Florida the name of any officer
by a civil court.
(c)-The Commander-in- Chief may vacate tho
commission OF and discharge from the National
Guard OF Flor1da any othcer who shall disobey an
order to appear before an examining board for
examination; or upon the recommendation Of .
BOARD OF examiners when IL appears that the on
Ger IS unable or unfit to discharge the duties Of his
Once or 70 exercise proper authority Over inferior
officers or enlisted men
(d)-When officer has been absent from
duty without leave for more than thirty days. he
snail be considered IN desertiOn. and the Com
mander-in- Chief may vacate his commission and
cause his TO be dropped from the rolls Of the
National Guard of Florida.
(el-No officer shall be dismissed from the SER
wee IN time OF peace except by sentence Of curt
martial, and no officer who has been dismissed
from the service by sentence Of a court-rnartiaL
properly approved by the reviewing authority,
shall ever be restored to the service EXCEPT by the
pardon of the Governor
Sec. 10. That Section 6s7 oftbe General Stat
ptes OF the State of Florida be. and the same IS
hereby amended so as to read as follows:
6S7-Right of Officer Removed.-When ary
OEuCer VINO mas been removed from Office by order
OF the Commander Chief makes within thirty
days after such removal an applicatiOu in writing
nrFh Fr1n~r raHn sNraH - -