The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1922-07-28
, PUBLIC GENERAL LAWS

upon the retired list and, also. any
officer or enlisted man who from physi-
cal disability or change in residence,
after ten years active service becomes
incapable of performing his duties ma!
be placed upon the retired list. Pro
vided that an enlisted man who has
completed twenty-five years active
service may be retired in the grade OF
Second Lieutenant,
16. Commissioned officers of the or
Eanized militia shall take and subscribe
to the following oath of office.
81, ....., do sOlmenly swear
that I will support and defend the
Constitution of the United States and
the Constitution of the State of Mary
land, against all enemies. foreign and
domestic: that l will bear true faith
and allegiance TO the same: that | will
obey the orders of the President of the
United States and of the Governor of
the State of Maryland; that l make
this obligation freely. without any
mental reservation or purpose of eva
sion. and that l will well and faith
fully discharge the duties of the Office
of .......... in the National Guard
of the United States and of the State
of Maryland upon which | SIN about to
enter. so help me God"
II. All officers shall be appointed and
commissioned by the Governor and
shall not be recognized as such under
any of the provisions of this Act unless
they shall have been selected from the
following classes and shall have taker
and subscribed to the oath of Office
prescribed in the preceding section of
this Act: officers or enlisted men OF the
National Guard; officers. active or re
tired. reserve officers, and former of
ficers of The Army, Navy or Marine
Corps: enlisted men and former en-
listed men of the Army, Navy or Ma
rine Corps who have received an hon
orable discharge therefrom graduates
of the United States Military and Naval
Academies; and graduates of schools.
colleges universities and officers train.
ing camps. where they have received
military instruction under the super
vision of an officer of the Regular
Army who certified their fitness for
appointment as commissioned officers:
and for the technical branches or Staff
Corps and departments, such other
civilians as may be specially qualified
for duty therein. Provided that, before
such appointment. officers shall be rec,
commended as follows: Commanding
officers of units comprising a brigade
by the brigade commander: all other
officers by the commanding officers of
the respective units or chiefs of their
respective staff corps or departments.
\ general officer and colonel at the
time Of appointment must be an officer
in the National Guard of the State of
a grade of field officer, or have been
in active service in the Army. Navy
or Marine Corps or National Guard
with higher grade than captain. A
lieuteuan t-colonel or major of the line
at the time Of appointment must have
had active service as an officer for two
years in the Army, Navy. Marine Corps
or National Guard. Provided further.
thar staff officers. including officers OF
the Pay, Inspection. Subsistence, and
Medical Departments. shall have had
precious military experience and shall
hold their positions until they shall
have reached the age of siXty-four
years. unless retired prior to that time
by reason OF resignation. disability or
for cause to he determined by a court
martial legally convened for that pur-
pose, and that vacancies among said
officers shall be filled by appointment
from the officers OF the militia of the
State Of Maryland.
lS Officers shall take rank from the
date of their commissions and in such
manner as provided by the Regulations
Of the War Department.; provided that
this Act shall not apply TO any person
hereafter appointed an officer. unless
he shall have successfully passed such
tests as to his physical. moral and pro.
feSsiOnal fitness as the Governor shall
prescribe. The examination to deter
mine such qualifications for commits
sion shall be conducted by a board of
three commissioned officers appointed
by the Governor from the Regular
Army or the National Guard or both.
10 A commissioned officer shall no.
be removed from office without his con
sent. except as provided in this Act
or by regulations of the War Depart
ment; provided that at any time the
moral character capacity and general
fitness for the service of any commits
stoned officer may be determined by an
efficiency board of three commissioned
officers. senior in rank to the officer
whose fitness for service shall be I'M
der investigation, and if the findings OF
such board be unfavOrable to such Off
Ger and be approved by the official au-
thorized to appoint such a board. he
shall be discharged. Commissions OF
officers may be. vacated upon resigna-
ton. absence without leave for three
months. upon the recommendation of
an efficiency board or pursuant to sen,
tence of a court-martial.
20. \ commissioned officer rendering
his resignation. if accepted by the Gov
l 1.