The Miller press. [volume] (Miller, S.D.) 190?-current, 1910-10-27

ME line, at the time Of his appoint
.nent, must either be an oficer In ac-
years Immediately preceding his APP
pointment must have been in active
service in the national guard OF this
state IF not IN .e efRls"'s seTvica at 4''f tRe
time of his appointment, must have had
prior service of at least six sears In the
national guard of this state, or In the
army Of the United states, or in both
combined as a commissioned officer. All
staf officers except medical officers and
chaplains must have served one year
immediately preceding their appoint
ments i'm the national guard OF this
state. The assistant Judge advocate
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 II OF the grade
tice IL OF the Grade of lieuteant colonel,
of at least FIVE years practice II OF the
grade of major, of at least three years
practice II OF the grade OF captain, and
Of at least two years practice IN OF the
grade OF first lieutenant. An engineer
officer Of the National Guard must have
been educated a. a military or civil en-
gineer. A chaplain must be a regularly
ordained minister OF some religious de-
nomination.
23. Appointed and Elected ON
cers.l The officers on the STAFF OF the
adjutant general, the field and line Of
hcers OF signal corps, the extra on
GERS allowed to regiments, battalions
and squadrons for staff duty, surgeons
and assistant and chaplains
shall be appointed and assigned by the
governor upon recommendation OF their
immediate commanding officers subject
to the provisions of this act. In case of
original appointment from civil life the
selection shall be made by the COVER
nor upon reliable accommodations and
..I - 80. 80 NLa WVHE V4A A.
be prescribed by regulations or orders,
When the governor desires to create
new organizations, he shall have the
power in first instance. to appoint all
the officers necessary TO m and
complete such organization.
All stafr 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 o.her-
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 d.
ed he may at the discretion OF the gcv-
ernor be required to pass an eXamina-
ton as to his fitness and qualifications
before a board of his superior officers
detailed f,r that purpose.
"a. Irevet Commissioner The gov
ernor way. 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-
itorious service of not less than TWEEN
ty-hVe years. Such commissions shall
carry with them only such privileges
on rights as are allowed in like cases
IN the military service of the United
states.
25. Supernumerary Oficersl. Com
missioned officers who shall be render
ed surplus by reduction or d"ishandment
of organizations, or In any 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
supernumcrary officers for active duty,
and he may relieve them from such
duty and return them TO the supernum-
erary list at his discretion.
26. Resignation of OtficorsI. A
commissioned officer rendering his res
years. IL the governor shall accept,
shall receive an honorable discharge;
shall receive a fun and honorable dis
charge: provided, he shall not be un-
der arrest or returned TO a military
court for n deficiency or d%einauGm
debted TO the state in any manner,
and hat all his accounts for money
or public property be correct.
81. Examination and Discharge
ever he nay deem that the good OF
the service requires IL, order any COM
animation, to consist OF not less than
three or more than SYe general or
field officers, which is hereby invested
with the power OF court OF inquiry
shall examine into the moral charac-
ter, capacity, and general fitness for
the service OF such commissioned of
hcer, and record and return the testi-
mony and "A record Of the proceedings,
If the findings of such board be UNI
favorable to such officer and be Sp-
proved by the governor, he shall be
discharged from the service. No OH
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
under his section shall be sufficient
ground for a finding by such board
that the officer ordered to appear be
discharged.
shall have been absent without leave
for a period OF six months or more
may be dismissed by the gOyernGr a
officer can not be removed from office
without his consent, except by SEN
tence of a general c~ourtsmartial or as
~ ~ tAti ~ tili5
80. Oath. by Whom Administer
edl. The adjutant general and all Of
fcers of the general staff and COM
manding 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 this 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 a citizen, III more
than eighteen and less than forty-hve
years OF age. able bodied, free from
disease, OF good character and tenn
perate habits. may be enlisted In the
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 rs musicians IL
more thar 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
state or United States shall not be
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
handing officer who approved the ex-
pulsion or issued such dishanorable
discharge.
Men who have been discharged by
reason OF d~isbandment may be enlist
ed and shall then receive credit for