The Somerset reporter., 1909-04-08

psrioa than. ,thaE psseaeibed, for each Of
the several grades, namely: Brigadier
general, I'VE years; colonel, six years:
lieutenant colonel, seven years; major.
eight years; captain. nine years; first
lieutenant, ten years, and second lieutep-
ant. ten years. But should any officer be
reelected or re-appointed to the Office he
now holds the time limit of service in
that grade shall be reckoned from the
date OF the approval or passage of this
act When an officer shall have served
the prescribed time In any one grade he
shall be placed on the retired list.
Section 81. Vacancies occurring In the
various grades, excepting the lowest, of
the several staff departments and corps,
shall be filled by promoting and appoint
ing the senior officer In the next lower
grade of said department or corps. Va
cancies occurring in the lowest grades
thereof shall be filled In the following
manner:
In the medical department all commits
stoned officers of the national guard. all
non-commissloned officers OF the hospital
corps, and all officers of the medical re-
serve corps who are active licensed
practitioners of medicine and surgery in
this state OF ut least five years standing
as such, and who are physically sound
shall be permitted to appear before a
board of examination consisting of off,
GERS OF the medical department, and the
applicant whom the board considers
after professional and general exalnina-
ton, to be the best ulIalified for the posi-
ton shall be appointed to MI the vacancy.
In the ordnance department, the vacancy
shall be filled by promoting thereto in
order OF seniority, the regimentai as
sistant inspectors of small-arms practice !;
in the subsistence department, by pro-
noting thereto. in order of seniority, the
regimental commissaries; subject In each
case to examination as prescribed in
section fifty-eight, and If, for any reason,
a vacancy occurring in the lowest grade
OF any of said departments be not filled
by this method OF promotion, then the
m
manner as he deems best.
Commanding officers of brigades, reTi-
ments and separate battalions shall APP
point their respective staff officers sub
1ect to the provisions OF sections forty
seven, forty weight, fifty-seven and fifty
eight OF this act, who shall hold Office
during the pleasure of the officer making
the appointment and until their suc-
1ect at all times to the same laws and
regulations as apply TO other commits
stoned officers of the national guard
battalion stan officers are appointed by
the regimental commanders upon recon-
mendation of the battalion commander
Section DO. The governor is authorized
TO appoint, upon the recommendation OF
the several regimental commanders chan
lains in the national guard at the rate of
one for each regiment, with the rank of
captain; no person shall hereafter be ap-
pointed a chaplain who is more than
fifty five years of age and until he has
FURNISHED proof that he is a regularly
ordained minister of some religious de-
nomination In good standing.
Section Sc. The governor NAV prescribe
system or examination to determine the
ENLISTED man best qualified for appoint
ment to the grade of second lieutena Mt
as prescribed in section fifty-four. and
the pest qualified applicant for appoint
ment to the lowest grade in the medical
corps as prescribed in section ffty-four.
Section 81. The governor shall .s~as>s~'t--
a svstspa of exan1ihas2n7
the ntness nor commission consequent o,,
an original appointment or election OF ali
persons. other than those provided for in
the preceding section; and no person shall
be commissioned consequent upon an
oLiS ma appointment or election until he
shaii nave passed satisfactory examina-
ton as to his physical, moral, education
al and general fitness for the service.
section 5S. The governor shall pre-
SCRIBE system OF examination of ali OF
fcers of the active militia below tho
grade of lieutenant colonel to determine
their physical, moral, professional and
general fitness for promotion or for an
polntinent other than the first, such ex-
animation to be conducted. If practical
pie, at such time anterior to the accru-
ing or the right to promotion or to the
issuing or the commission as may be
pest Tor the interest of the service: pro-
Vlded, that the governor may waive the
examination for promotion or appoint
nent to any grade in the case of any Of
ncer who in pursuance of existing laws
mas passed satisfactory examination
Tor such grade prior to the passage Of
this act, and provided that if any Of
hcer rails to pass satisfactory ex-
animation and is reported unfit for pro.
motion or appointment the officer next
below him in rank or standing next in
the line Of promotion, having passed said
examination, shall receive the promotion,
or If the office Is elective the governor
shall order another election: and pro-
vided that should the officer be found In
capacitated for service by reason of
nh an II l. T1.p 4
with the rank to which his seniority en-.
titled him to be promoted. and should hs
fail for any other reason, other than
moral fitness, he shall be suspended
from promotion or appointment to any
office in the active militia for one year,
and should he fail the second time tG
pass such examination he shall be hon
orably discharged. but should he be
found lacking in moral fitness. he shall.
if the governor approve OF such find
ing, be discharged for the good OF the
service; provided also that the examina
ton into the professional fitness of a
judge advocate and chaplain shall eX-
tend no farther than to the special
qualifications required OF them. The
board of examination under this and the
two preceding sections shall have the
same power to take evidence. administer
oaths. and compel Witnesses to attend
and testify and produce books and
papers and punish their failure TO do so,
as is possessed by general court
martial.
Section SO. The governor may, upon
the recommendation OF his commanding
officer, confer brevet commission of n
grade next higher than that actually
held by the officer so recommended.
upon any officer of the national guard or
naval reserve in active service, for dis
sions shall carry with them only such
privileges or rights as are allowed in
like cases in the military and naval ser
vice of the United states;
Inn Af1Nr off VI
reach the age limit prescribed in section
ffty-two. or who shall fail In second
examination as prescribed in section
fifty-eight. or who shall be rendered
surplus by reduction or disarmament of
his organization in any manner provid-
ed for in this chapter. or who accepts an
Of tb the tcd sfaes or
each case he is Ineligible for retirement,
or who tenders his resignation and the
same having been accepted, shall re
ceive an honorable discharge provided
he shall not be under arrest or re-
turned to a military court for any de-
ficency or delinquency and provided he
be not indebted to the state in any man.
ner, and that all his accounts for money
and public property be correct.
Section 81. Any officer who shall be
found lacking in moral htness under the
provisions of section fifty-eight or VINO
of section sixty-thfee or who, being I'M
der arrest or returned to military
court for any deficiency or delinquency
or who after being notified fails or re-
fuses to liquidate his indebtedness to
the state or to render correct accounts
for public funds or property entrusted
to his care. tenders his resignation, ana
the same being accepted, shall be dis
charged for the good of the service. and
any officer so discharged, shall not again
be eligible to receive a commission.
Section GO. ANY officer who Is sixty
four years old or who is found tncapaci-
tated for service by reason of physical