The Miller press. [volume] (Miller, S.D.) 190?-current, 1910-10-13

tive service, or for two successive
years Immediately preceding lis ap-
pointment must have been in active
service in the national guard or TINS
state as a commissioned otlcer,
or IL not in active service at the
time OF his appointment, must have had
prior service OF at least six years In the
national guard of this state, or in the
army of the United States, or in both
stan officers except medical officers and
c~haplalns must have served one year
Immediately preceding their, appoint
ments in the national guard of this
state. The assistant judge advocate
general must be "A counselor at law of
the supreme court of this state of at
least -four years standing Of the grade
OF major. Surgeons and assistant sur
geons must be duly licensed and prac-
ticing physicians and surgeons under
the laws of this state, and of at least
fifteen years practice If of the grade
Of colonel. of at least ten years prac-
tice If of the Grade Of lieuteant colonel,
grade of major, of at feast three years
practice If of the grade OF captain, and
Of at least two years practice If of the
grade of first lieutenant An engineer
officer of the National Guard must have
been educated as a military or civil en-
gineer. A chaplain must be a regularly
ordained minister of some religious de-
nomination.
%. Appointed and Elected Off
cers.l The officers on the staff of the
adjutant general, the field and line of
/ 1CefS OF SlRndl corps, the extra ON
GERS allowed to regiments, battalions
and squadrons for staff duty, surgeons
and assistant surgeons and chaplains
shall be appointed and assigned by the
governor upon recommendation of their
Immediate commanding officers subject
10 the provisions Of this act. In case OF
original appointment from civil life the
selection shall be made by the COVER
nor upon reliable recommendations and
subject to any examination which may
be prescribed by regulations or orders.
NJ IAan iIA Il tn pFant Ia
new organizations, he shall have the
power, in first instance, to appoint all
the officers necessary to commence and
complete such organization.
All staff officers shall be selected
from the members of the National
Guard.
All promotions of the field and line
officers of the National Guard shall be
determined by seniority unless other
wise ordered by the governor; provided,
that second lieutenants of companies
may be selected by election under such
rules as the governor may prescribe;
provided further, that before any Off
Ger shall be promoted and commission
ed he may at the discretion of the gov
ernor be required to pass an eNamina-
tion as to his fitness and qualifications
before "a board of his superior officers
detailed for that purpose.
"a. yTevet CommissionsI. The gov
ernor may, upon the recommendation
Of their commanding officers, confer
brevet commissions of a grade equal to
the highest grade in which they have
previously served, or of a grade next
higher than the ordinary or brevet
commission ever held by them, upon
officers of the National Guard in active
service, for gallant conduct or for mer-
i%torious service of not less than TWEEN
ty-ive years, Such commissions shall
carry with them only such privileges
or rights as are allowed in like cases
In the military service of the United
States.
/ 25. Supernumerary omcersl. Com
missioned officers who shall be render
ed surplus by reduction or disarmament
of organizations, or in n manner pro-
Vided by this act now or hereafter, may
be withdrawn from active service and
placed upon the supernumerary list.
The governor may upon the recOmmen-
dalton OF the adiutant general detail
supernumerary officers for active duty,
and he may relieve them from such
duty and return them to the supernum-
erarY list at his discretion.
IS. Resignation Of Oficersl. A
commissioned officer rendering his res
ignation before having served five
years. IL the governor shall accept,
IL he has served five years or more he
shall receive a full and honorable dis
charge; provided, he shall not be un-
der arrest or returned to a military
court for any deficiency or Delinquent
cy; and provided further, he be not in
debted to the. state In any manner,
and that all his accounts for money
or public property be correct.
81. Examination and Discharge
Of Ohicersl. The governor may. when
ever he may deem that the good of
the service requires IL, order any COM
missioned officer before a board of eX-
animation, to consist of not less than
three or more than Ave general or
field officers, which is hereby invested
with the power Of court OF inquiry
and c~ourtsmartial, and such board
shall examine into the moral charac-
ter, capacity, and general fitness for
the service of such commissioned Of
fcer, and record and return the testi-
mony and a record of the proceedings.
II the findings of such board be un-
favorable to such officer and be APP
proved by the governor, he shall be
discharged from the service. No Off
Ger whose grade or promotion would
in any way be affected by the decision
of such board, In any case that may
come before IL, shall participate in the
examination or decision of the board
In such case. Failure to appear when
ordered before a board constituted
under this section shall be sufficient
ground for a finding by such board
that the officer ordered to appear be
s,2s; DISMISSAL; An officer who
shall have been absent without leave
for a period of six months or more
s %. REMOVAL. A commissioned
officer can not be removed from office
without his consent, except by sen
tence of a general courtsmartial or as
provided in this chapter.
: so. oath, by Whom Administer
ed. The adJutant general and all Of
icers of the general staff and COM
handing officers of regiments, battal-
ions, and companies, are each and ev-
cry one hereby authorized to admins
ter any oath required TO be made in
the administration of the militia laws
of his state.
! 81. Enlisted Men of the National
Guardl. Any man who is a citizen of
the United states or has declared his
intention to become n citizen, If more
than eighteen and less han forty-five
years OF age, able bodied, free from
disease. of good character and tenn
National Guard of this state under the
restrictions of this act. for a term OF
not less than three years; except that
men may be enlisted as musicians If
more than sixteen years OF age.
No minor shall be enlisted without
the written consent of his parent or
guardian, "A man who has been ex-
PEELED or dishonorably discharged
from any military organization of the
eligible for enlistment or ~re-enlist-
ment unless he produce written con-
sent to such enlistment of the COM
handing officer of the organization
from which he was expelled or dis
honorably discharged and of the COM
manding officer who approved the eX-
pulsion or issued such dishonorable
discharge.
Men who have been discharged by
reason of disarmament may be enlist
ed and shall hen receive credit for
the period served ut the time of such
~disbandment. A man discharged for
physical disability shall. If such dis
ability cease and he again enlist. or a
man discharged upon his own eques