III.

CALLING AND DRAFTING THE MILITIA INTO ACTUAL SERVICE... 2039 IV. COURTS MARTIAL AND OF INQUIRY.

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SEC. 1895. Every able-bodied male inhabitant of this state, except Mongolians and Indians, between the ages of eighteen and forty-five years, not exempt by law, is subject to military duty. But no alien is obliged to serve or bear arms against the state to which his allegiance is due.

Military subordinate to civil power; Const. Cal., art. 1, sec. 12.

Standing army prohibited in time of peace:

Const. Cal., art. 1, sec. 12.

See, generally, Const. Cal., art. 8.

Governor commander-in-chief: Const. Cal., art. 5, sec. 5.

Governor to remain in command: Const. Cal., art. 5. sec. 16.

Governor to execute commissions: Const.

Officer not eligible to civil office: Const. Cal., art. 5, sec. 14.

Cal., art. 4, sec. 20.

1896. Who are exempt from military duty.

SEC. 1896. The following persons are exempt from military duty and enrollment:

1. Ministers of religion;

2. Civil and military officers of the United States;

3. Officers of foreign governments;

4. Civil officers of the state of California;

5. All persons exempted from military duty by the laws of the United States. See Const. Cal., art. 2, sec. 3.

1897. Assessor to enroll persons subject to military duty--Tax collector to make enrollment in San Francisco.

SEC. 1897. The district or county assessor of each and every revenue district or county in this state must, at the same time in each year when he prepares a roll containing the taxable inhabitants of his district or county, enroll all the inhabitants thereof subject to military duty, which roll must be sworn to by him and delivered to the clerk of the board of supervisors at the same time he delivers the assessment roll. In the city and county of San Francisco the tax collector must perform the duties by this section imposed upon assessors. 1898. Penalty for neglect or refusal to make return.

SEC. 1898. If any assessor or the tax collector of the city and county of San Francisco neglects or refuses to perform any of the duties required of him by this chapter, he is subject to the same liabilities as are provided by law for a neglect or refusal to perform any of the duties required of him in the assessment of taxes, and, in addition, forfeits not less than three hundred nor more than one thousand dollars, to be sued for in the name of the people of the state, by

the district attorney of the respective county, and when recovered to be paid into the military fund of the state. If the clerk of the board of equalization neglects or refuses to make and deliver to the brigadier-general of the brigade to which his county belongs the triplicate of the military assessment roll, as directed in this chapter, he forfeits not less than three hundred nor more than five hundred dollars, to be sued for, recovered, and disposed of in the same

manner.

1899. Boards of equalization to correct the roll.

SEC. 1899. The board of equalization must correct the roll at the same time and in the same manner as is prescribed by law for the correction of the assessment roll.

1900. Copies to be forwarded to brigadier-general.

SEC. 1900. The clerk of the board of supervisors must deliver to the brigadier-general of the brigade to which his county belongs a triplicate of such roll certified by him, within ten days after the board of equalization have completed their corrections.

1901. Compensation of assessors.

SEC. 1901. The compensation of assessors for making out the military roll must be determined by the board of supervisors of the several counties, at the rate of five dollars for each one hundred names of persons returned by the assessors as subject to military duty.

1902. Muster-roll to be made by brigadier-general.

SEC. 1902. Each brigadier-general must, on the first Monday in October of each year, make from the rolls received by him a muster-roll, showing the number of persons within the limits of his command subject to military duty, the original of which, signed by him, must be filed in his office, and a copy thereof transmitted at once to the adjutant-general.

GENERAL PROVISIONS RELATING TO THE NATIONAL GUARD.

1912. National guard; of what it consists.

SEC. 1912. The organized uniformed militia of the state of California are known as the national guard of California. This force shall not exceed forty companies, and must be located throughout the state with reference to the military wants thereof, means of concentration, and other military requirements. [Amendment, approved March 12, 1878; Amendments 1877-8, 31; took effect immediately.]

1913. Board of location and organization.

SEC. 1913. The commander-in-chief, major-general, adjutant-general, and the brigadier-general of each brigade constitute a board for location and or

ganization of the national guard within such brigade, with power to transfer, attach, consolidate, or disband companies, and to reorganize, at pleasure, regiments, and battalions. [Amendment, approved March 30, 1878; Amendments 1877-8, 45; took effect from passage.]

1914. National guard to be organized into regiments.

SEC. 1914. All companies of the national guard must as far as practicable be organized into regiments, battalions, and batteries.

1915. What officers belong to.

All commissioned officers of the staff of the commander-in-chief, the adjutant-general, and the officers of his staff, the major-general and brigadier-generals, and all officers of their respective staffs, belong to the national guard, and are at all times subject to be called into active service by the commander-in-chief; and when called into active service, each officer must be called and mustered according to his commission.

1916. Governor commander-in-chief.

SEC. 1916. The governor is commander-in-chief of the national guard.
Const. Cal., art. 5, sec. 5.

1917. Staff of commander-in-chief.

SEC. 1917. His staff consists of one adjutant-general, with the rank of brigadiergeneral; one chief engineer, one paymaster-general, one judge-advocate-general, one inspector-general of rifle practice, one surgeon-general, each with the rank of colonel; and eight aids-de-camp, with the rank of lieutenant-colonel, appointed by and holding office at the pleasure of the commander-in-chief, or until their successors are appointed and qualified. [Amendment, approved March 12, 1885; Statutes and Amendments 1885, 103; took effect from passage; repealed inconsistent acts. ] 1918. Appointment and term of office of generals.

SEC. 1918. The commander-in-chief, by and with the advice and consent of the senate, must appoint one major-general, and for each brigade of the national guard of California one brigadier-general, who must be citizens of the United States and of the state, and the brigadier-generals must be residents of localities within the brigades for which they are appointed. They hold their offices until their successors are appointed and qualified. [Amendment, approved March 12, 1878; Amendments 1877-8, 31; took effect immediately.]

1919. Restrictions in residence of staff-officers.

SEC. 1919.

The staff-officers must be residents of the state and of their respective brigades.

1920. Effect of line-officers accepting commissions on staff.

SEC. 1920. Any officer of a regiment, battalion, or company, accepting any staff appointment, except that of adjutant and quartermaster, is held to have resigned his commission in such regiment, battalion, or company.

1921. Oath of officers and members.

SEC. 1921. All officers and soldiers of the national guard, on becoming members, and before performing duty, and at each subsequent re-enlistment, must take and subscribe the following oath, which all commissioned officers thereof are authorized to administer: "I do solemnly swear that I will support the constitution of the United States and the constitution of the state of California, and will maintain and defend the laws, and all officers employed in administering the same." Which oath, certified by the officer administering the same,

must be returned to the adjutant-general, and be preserved with the rolls of companies. Oaths of re-enlistment shall show on the margin the number of re-enlistment. [Amendment, approved March 30, 1878; Amendments 1877–8, 41; took effect from passage.]

1922. System of instruction.

SEC. 1922. The systems of instruction prescribed for the different arms of the United States army must be followed in the military drills and instruction by the national guard, and by the enrolled militia when called into active service. [Amendment, approved March 12, 1878; Amendments 1877-8, 32; took effect immediately.]

1923. Uniform.

SEC. 1923. The uniform of the national guard is the same as that adopted and in use by similar troops in the army of the United States. Companies already organized may wear the uniform now in use until supplied by the state with the proper uniform, after which the uniform so supplied must be worn, except at company parades or drills. No moneys received from the state must be used or applied to the purchase of uniforms other than those first in this section mentioned. The uniform of generals and staff-officers is similar to that of officers of the same grade in the army of the United States.

1924. Rank of officer.

SEC. 1924. All commissioned officers of regiments, battalions, and companies of the national guard must take rank according to the date assigned them by their commissions; and when two of the same grade are of the same date their rank must be determined by length of previous military service in the state; and if of equal service, then by lot. Officers of regiments, battalions, and companies of the national guard in all cases are of superior rank to officers of the enrolled militia of the same grade, irrespective of the date of their commissions.

The adjutant-general has issued an order construing this section, to wit: "An officer shall rank from the date of his election or appointment (date of appointment is the same as date of nomination by authority competent

to nominate); this rule to be rigidly enforced, excepting only when an officer is re-elected to the same grade in the same company with which he has been serving, then rank shall ba dated from date originally assigned.”

1925. Officers-re-elected not to be recommissioned.

SEC. 1925. When an officer is re-elected no new commission issues, but a certificate of such election must be issued to him by the adjutant-general. In the event of a commission being lost or destroyed, on satisfactory proof being given of the same, the commander-in-chief shall issue a new commission, with rank from date of former commission. [Amendment, approved March 12, 1878; Amendments 1877-8, 32; took effect immediately.]

The last sentence was added by amendment. The rule as to commissions has been recognized by the adjutant-general's office.

1926. Resignations, how made.

SEC. 1926. Any officer resigning his commission must do so in writing, addressing the adjutant-general, giving his reasons therefor, and transmit the same through his immediate commanding officer, who will make his indorsement thereon, and the resignation takes effect when accepted by the commanderin-chief and announced in orders. [Amendment, approved March 12, 1878; Amendments 1877-8, 32; took effect immediately.]

1927. Vacancies in elective offices, how filled.

SEC. 1927. Vacancies in elective offices of the national guard, not in active service, are filled by election. When vacancies occur at an election through the promotion of any officer, such vacancies may then and there be filled without further order. Election of company officers shall be presided over by an officer appointed for that purpose by the brigade commander, and such presiding officer shall give ten days' notice of his appointment to all parties interested, by causing the order appointing him to be posted in the company armory and read to the company. He shall, within five days following the election, report the result of the said election to the brigade commander. [Amendment, approved March 12, 1878; Amendments 1877-8, 32; took effect immediately.]

1928. Absence or removal, when deemed resignation.

SEC. 1928. Any commissioned officer who removes from the limits of his brigade is deemed to have resigned, and the major-general, brigadier-general, or any commissioned officer who absents himself from the state for more than thirty days, without the permission of the commander-in-chief, is deemed to have resigned, and such resignation shall be announced in orders from the adjutant-general's office immediately after the fact of such absence becomes officially known. [Amendment, approved March 12, 1878; Amendments 1877-8, 32; took effect immediately.] 1929. Discharge of enlisted soldier.

SEC. 1929. Any enlisted man may be discharged before the expiration of his term of service, by order of the commanding officer of the regiment, battalion, or unattached company to which he belongs, and on recommendation of his company officer, and for the following reasons: To accept promotion by commission; upon removal of residence from the state, or out of the bounds of the command to which he belongs, to so great a distance that, in the opinion of such commanding officer, he cannot properly perform his military duty; upon disability, established by certificate of a medical officer; upon conviction of felony in a civil court; whenever such commanding officer shall approve the application of two thirds of the members of a company requesting the discharge of an enlisted man thereof. If, at a regular meeting of a company, or of a meeting called for the purpose, two thirds of the members of a company desire by vote the discharge of one of their members, an application for the discharge of such soldier, setting forth the facts, and giving the reasons therefor, shall be made by the company commander. [Amendment, approved March 12, 1885; Statutes and Amendments 1885, 103; took effect from passage; repealed inconsistent acts.] 1930. Disobedience of orders, unsoldier-like conduct-Penalty.

SEC. 1930. Any officer, non-commissioned officer, musician, or private who disobeys the orders of his superior, uses reproachful or abusive language to his superior, or misbehaves or demeans himself in an unofficer or unsoldier-like manner whilst under military orders, must be immediately arrested. If a non-commissioned Officer or soldier on military duty, he must be disarmed and put under guard, and triedand punished by a court-martial, according to law and military usage. [Amendment, approved March 12, 1878; Amendments 1877-8, 32; took effect immediately.} 1931. Interrupting officer or private in discharge of his duty-Penalty.

SEC. 1931. If any person interrupts, molests, or insults, by abusive words or behavior, any officer or private while in the performance of his military duty, he must be immediately put under guard and kept, at the discretion of the commanding officer of the forces engaged in the performance of such duty, until the setting of the sun of the same day on which the offense is committed.