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ARTICLE III.

STAFF DEPARTMENTS AND DUTIES OF OFFICERS.

Section 30. Staff of commander-in-chief.

31. Division staff; brigade staff.

32. Chief assistant to act in the absence of the chief.

33. Duties of adjutant-general.

34. Duties of inspector-general.

35. Duties of chief of ordnance.

36. Duties of judge-advocate general.

37. Duties of other officers named.

38. Bureau of records of war of rebellion.

39. Completion of records.

40. Preservation of records and relics.

41. Free inspection of relics and books.
42. Quarters in capitol.

§ 30. Staff of commander-in-chief. The staff of the commander-in-chief shall consist of one adjutant-general of the grade of major-general, who shall be the chief of staff; one inspector-general, one commissary-general who shall be chief of ordnance, one judge-advocate-general who shall be a counselorat-law of the supreme court of at least five years' standing, one surgeon-general who shall be a graduate of some incorporated school of medicine and of at least five years practice, one chief of engineers who shall have been educated as an engineer, one chief of artillery, one quartermaster-general, one paymastergeneral, one commissary-general of subsistence and one general inspector of rifle practice, each of the grade of brigadier-general; six aides-de-camp each of the grade of colonel, and one military secretary, of the grade of colonel. Upon the recommendation of the chiefs of the staff departments, the commander-in-chief may appoint such assistants of such grade, not above that of colonel, and such store-keepers and clerks, with such pay, as in his judgment may be necessary. The officers composing the staff of the commander-in-chief, their assistants, and the staff officers of divisions and brigades, shall constitute the general staff of the state.

§ 31. Division staff; brigade staff. In the staff departments there shall be to each division one assistant adjutantgeneral of the grade of colonel who shall be the chief of the

division staff; one inspector, one engineer, one judge-advocate, one surgeon, one chief of artillery, one ordnance officer, one quartermaster, one commissary of subsistence, and one inspector of rifle practice, each of the grade of lieutenant-colonel, and as the personal staff of the division general, three aides-de-camp of the grade of major. To each brigade there shall be one assistant adjutant-general, of the grade of lieutenant-colonel who shall be the chief of the brigade staff; one inspector, one engineer, one judge-advocate, one surgeon, one ordnance officer, one quartermaster, one commissary of subsistence, and one inspector of rifle practice, each of the grade of major; and as the personal staff of the brigadier-general two aides-de-camp, of the grade of captain.

32. Chief assistant to act in the absence of the chief.In the absence of the chief of any staff department, from the city where his headquarters are located, or in case of his inability to perform his duties, his chief assistant shall have full power to perform all the duties pertaining to his office. Nothing in this section shall be so construed as to give validity to the acts of the assistant in case of the disapproval of his chief.

§ 33. Duties of adjutant-general. The adjutant-general shall keep a register of all the officers of the military forces of the state, and keep in his office all records and papers required to be kept and filed therein, and make a full report on or before the fifth day of January in each year, to the commander-in-chief, upon the condition of the national guard, and a detailed statement of all the expenditures in each of the departments during the preceding year. He shall be the auditor of military accounts, and all accounts or claims payable from the treasury of the state for military purposes, shall be regularly audited by him and approved by the governor, as commander-in-chief, before payment. He shall, at the expense of the state, from time to time, as may be necessary, cause the military code, articles of war and general regulations in force, to be printed and bound in proper and compact form, indexed and annotated and distributed, one copy to each commissioned officer, sheriff, clerk of board of supervisors and county treasurer in this state; and to each commissioned officer, there shall be issued one copy of the general regulations and books of tactics, and to each headquarters one copy of the necessary text-books and the necessary copies of the annual report of the adjutant-general.

He shall cause to be prepared and issued all necessary blank books, blanks, forms and notices required for his office by the national guard, to carry into full effect the provisions of this chapter. All books and blanks so furnished shall be the property of the state, and the comptroller is hereby directed to draw his warrant on the treasurer of the state for the expenses so incurred.

The seal now used in the office of the adjutant-general shall continue to be the seal of his office, and shall be delivered to his successor in office.

§ 34. Duties of inspector-general.-The inspector-general shall personally, or through his assistants at general headquarters, or the division or brigade inspectors, inspect as often as may be deemed necessary by the commander-in-chief, every branch connected with the military service, including armories, arsenals, store-houses, camps, and military property, and report to the general headquarters the condition, discipline, drill and instruction of the national guard, the condition of military property belonging to the state, and all matters pertaining to his department. He shall have the power to condemn all unserviceable property.

35. Duties of chief of ordnance.-The chief of ordnance shall give a bond to the state in the sum of twenty-five thousand dollars, with two sureties, who shall justify in double the amount, to be approved by the commander-in-chief, for the faithful discharge of the duties of his office. He shall keep in good repair the arsenals, magazines, and armories belonging to the state, subject to the provisions of this section. When ordinary repairs, not exceeding one hundred dollars in cost, are necessary, the officer in charge of the building shall report what is required to be done, with the probable cost thereof, to the chief of ordnance, and upon his approval, cause the repairs to be made, payment for which shall be made only upon the certification of such officer that such repairs have been properly performed, and that the bills therefor are reasonable and just. When repairs, the cost of which will amount to one hundred dollars and less than five hundred dollars, are required, a full statement of the necessity thereof must be made by the officer in charge to the chief of ordnance, who shall cause estimates of the cost thereof to be prepared and submitted to him for his acceptance, by two or more parties, and shall cause the work to be done under a con

tract entered into for that purpose with the approval of the adjutant-general. During and upon the completion of the work it shall be inspected by the inspector-general or an officer of his department, and payment therefor shall not be made until it appears by the certificate of such officer that such work has been properly performed according to the contract made. When repairs are to be made, the expenditures for which will exceed five hundred dollars, advertisements for proposals shall be made, bids received and contracts regularly entered into with the approval of the adjutant-general. During the progress of the work the inspector-general shall detail a proper person who shall be required from time to time to visit the building and satisfy himself that the contract is being faithfully carried out. Upon the completion of the repairs, the work shall be inspected by the inspector-general or an officer of his department, and payment therefor shall not be made until it appears by the certificate of such officer that such work has been properly performed according to the contract made.

All bills for work done on any of the arsenals or armories of the state exceeding ten dollars, must be verified by affidavit setting forth that the work has been properly performed and that the amount charged has been reasonable and just.

Copies of all contracts and agreements made for the repair or alteration of arsenals or armories shall be immediately filed in the office of the adjutant-general. The chief of ordnance shall attend to the safe-keeping and repairing of the ordnance, arms, accoutrements and all other military property in his charge belonging to the state, and shall appoint the necessary keepers to take charge thereof. All military property which has been condemned or which, after a proper inspection thereof by a board of survey ordered by the commander-in-chief, and upon a report of such board shall be deemed unsuitable for the use of the state, shall, under the direction of the commander-in-chief, be disposed of by the chief of ordnance at public auction, after suitable advertisement of the sale, daily, for ten days, in at least one uewspaper published in the English language in the city or county where the sale is to take place; or the same may be sold at private sale when so ordered by the commander-in-chief. The officer making such sale shall bid in the property or suspend the sale whenever, in his opinion, better prices may or should be obtained.

The chief of ordinance shall, from time to time, render a just and true account of the sales made by him, with all convenient speed, to the commander-in-chief, and shall expend the proceeeds of the same in the purchase of clothing, arms, ammunition and other military property, as the commander-in-chief may direct. He shall report, annually, to the commander-in-chief, a statement in detail, showing the actual condition and disposition of all the clothing, ordnance, arms, ammunition and other military property, in his charge. He shall keep a just and true account of all the expenses necessarily incurred in and about his department, which shall include all expenses for the transportation of troops, for transportation to and from the arsenals, magazines and armories, of all ordnance, arms, ammunition, clothing, camp and garrison equipage or other military property, and the same shall be audited and paid in the same manner as other military accounts are audited and paid. The chief of ordnance shall issue, for the use of the national guard, such military property as the commander-in-chief shall direct, and, under the direction of the commander-in-chief, he may make purchases for that purpose. No military property belonging to the state shall be issued to persons or organizations other than those belonging to the national guard or the naval militia. The comptroller shall draw his warrant upon the treasurer, on the certificate of the adjutant-general, approved by the commander, in-chief, for such sums as shall, from time to time be expended for the purchase or manufacture of clothing, arms, equipments and other military property.

§ 36. Duties of judge-advocate-general.— The judge-advocategeneral, as chief of his department, is charged with the supervision, care and management of all matters relating to the administration of justice among the military forces of the state. He shall diligently scrutinize and examine the proceedings of all courts-martial, and report thereon for the information of the commander-in-chief. Under the orders of the commander-in-chief, the judge-advocate-general shall act as judge-advocate at any court-martial where the public interests shall require his attend. He shall be the legal adviser of the several staff departments, upon all legal questions which may arise therein, and to him may be referred for supervision all contracts, agreements or other instruments, to be drawn or executed in the course of the business of such departments.

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