The Somerset reporter., 1909-04-08

this state for continuous period Of f1f-
teen years: honorable service in war, to
be counted double may at his own re-
quest be placed upon The retired list
with one grade higher rank than that
held at the time OF his retirement
Retired officers shall be entitled to
wear the uniform Of the rank with
which they were retired they ghall con-
tinue to be borne on the national guard
register shall be subject 20 military law.
and may In the discretion Of the Rav-
ernor. be assigned to active duty IN time
or war. inSurrection, invasion, or immI-
nent danger thereof.
Section G3. Any commissioned officer
who has become or who sFAll hereafter
become disabled and thereby incapable
or performing the duties Of his Office
shall be Withdrawn from active service
and placed on the retired list. aud any
commits oned officer ~ no has become or
competent and thereby incapable Of per
forming the duties Of his office. shall
uTop the recommendation OF his COM
Handing officer or Of an inspecting Of
flcer be discharged for the good Of the
service, honorably discharged. or Il
eligible thereto. retired. in the discretion
of the commandments Such re-
tirement or discharge shall be BY order
OF the cOmmander-in-ehief who before
making such order shall convene a
board Of not less than 1--WE commissioned
officers one Of whom shall be an officer
Of the medical corps, who before enter
ing upon the discharge OF their duties
shall be sworn to an honest and i'm
partial performance of the same whose
duty ii shall be TO determine the facts
as to the nature and cause Of incapacity
of such officer as appears disabled or
unfit or incompetent. from any cause, to
perform military duty and whose case
shall be referred to it The board, ex-
cepting the officer or officers Of the
medical corps. shall be composed. as far
as may be Of seniors in rank TO the Of
ficer whose incapacity is inquired Of, II
shall be invested with the powers OF
courts-martial and courts of inquiry,
and whenever it finds an officer incapaci-
such fact TO the governor stating the
cause Of incapacity. whether from dis
ability, unntness, or incOmpetency, and
If he approve such finding such officer
shall be placed on the retired list or dis
charged. as provided in this article;
provided that it shall not be necessary
to convene board for action on any
case arising under this section, unless
the officer designated to be placed upon
the retired list or discharged shall,
within twenty days after being notified
that he will be so retired or discharged,
serve on the adjutant general of the
state a notice in writing that he de-
mands a hearing and examination be-
fore such board; and provided that no
officer shall be so retired or discharged
without having had a full and fair hear
ing before the board If upon due notice
he shall demand 1T
Provided, further. that the comman-
der-in-chief shall whenever he may
deem the good of the service requires It,
order any commissioned officer before
board of examination constituted as
above, and such board shall examine into
the moral character. capacity and general
fitness for the service of such4 commits
stoned officers, and record and return
the TESTIMONY taken, and a record of its
proceedings; and If the findings Of such
board be unfayQrah1a. to such athcer and