same, and detail officers to command the divisions and brigades, and such staff officers as shall be required for that duty, and he may from time, as he shall deem necessary, provide, by general and special orders, for inspection, musters, instructions, reviews, or other duties. He shall, as Governor of the State, appoint and commission all general, field, company and staff officers-all of whom shall hold their positions during good behavior in the service, unless the exigencies of the service shall cease to require them; in which case, the commander-in-chief may, by general and special orders, provide for their muster out of service.

SEC. 8. When in actual service, or in time of war or public danger, officers and soldiers shall be governed, as far as practicable, by the same rules and regulations as the armies of the United States; provided, that no person in the State Guard or Reserve Militia shall, in time of peace, be liable to greater punishment by sentence of court martial than one month's imprisonment, or fine not to exceed one hundred dollars. During war or public danger the laws may be suspended by act of the competent authority.

SEC. 9. The Governor shall appoint one adjutant general with the rank of colonel, who shall do and perform all the duties of adjutant general, and such other as may be required of him by this act and other laws of the State; and shall furnish all forms of returns, and keep a book in which he shall make a fair entry of all the returns by him received, which shall be subject to the inspection of the commander-in-chief.

SEC. 10. The adjutant, general shall also be quartermaster and commissary general, and his duty as such shall be to collect and take charge of all public property belonging to the military of this State, for which other persons connected with this branch have not been made responsible by the State; and his general duties shall be similar to quartermaster general and commissary general of the United States army; and in addition to the said duties he shall perform the duties of chief of ordnance. He shall, upon requisition of the commander-in-chief, furnish such arms, ordnance, ammunition, camp equipage and subsistence as may be provided for use of the forces in service. He shall also be inspector general; and his duty as such shall be to attend to the organization of the military forces of this State. He shall inspect every branch connected with the military service; attend the military parades and encampments (when other official duties will permit), and report annually to the commander-in-chief. His salary shall be three thousand dollars per annum, and he shall give such bond as may be required by the Governor.

SEC. 11. The commander-in-chief shall be entitled to three

aids, with the rank of colonel, and one of these (to be designated by the commander-in-chief) to act, if required, as military secretary; but no pay is to be attached to this grade.

SEC. 12. Each major general shall be entitled to two aids, with the rank of major; and each brigadier general to one aid, with the rank of captain. There shall be one inspector to each brigade and division with rank of captain; and to each regiment one adjutant and one quartermaster, ranking as first lieutenant.

SEC. 13. In the quartermaster general's department there shall be an assistant quartermaster general to each division, to rank as captain; and the quartermaster general may, with the approval of the commander-in-chief, appoint so many storekeepers as the exigencies of the service may require, not to exceed one to each storehouse.

SEC. 14. The commander-in-chief may, when the service requires, appoint a paymaster, who shall perform all the duties appertaining to that office; paying troops when ordered to do so, or performing such other duty incidental thereto as may be required of him. His pay shall be eight dollars per diem, and no more, for all time actually employed on duty; and he shall give such bond as may be required by the Governor. There shall be to each regiment one sergeant-major, one commissary sergeant and one drum-major.

SEC. 15. The chief of each staff department shall, under the direction of the commander-in-chief, have command over all subordinate officers in his department, and shall, from time to time, issue orders and instructions for their government and practice.

SEC. 16. The commander-in-chief is hereby authorized and empowered to organize, in his discretion, the various staff departments, and to prescribe by rules and regulations the duties to be performed by the officers connected therewith, which shall, as far as may be, conform to those which are prescribed for the government of the staff department in the army of the United States. Each chief of such department shall prepare and transmit, at the expense of the State, all blank forms of returns, precepts, warrants and proceedings necessary in his department.

SEC. 17. The commander-in-chief may designate a uniform to be worn by the State Guard and Reserve Militia.

SEC. 18. The State Guard and Reserve Militia of this State shall, as near as may be, conform their system of discipline and tactics to that of the army of the United States and to the regulations that are now or hereafter shall be prescribed by the Congress of the United States.

SEC. 19. The commander-in-chief shall, from time to time, direct such books as to him shall appear expedient as a guide to the

military forces of the State, to be provided by the adjutant general, and who shall furnish the same to all commissioned officers, to be paid out of the military fund.

SEC. 20. Whenever five uniformed companies shall be organized in any brigade, the brigade commander shall form the same into a regiment.

SEC. 21. All fines, forfeitures and assessments imposed by this and other laws of the State by way of punishment for violation of the laws governing the State Guard and Reserve Militia, shall be paid into the treasury of the State as a fund for aiding in the armament, uniforming equipment and mounting the State Guard, and the same may be paid out, under the direction of the Governor, for this purpose.

SEC. 22. All persons liable to serve in the Reserve Militia of the State may avoid such service by paying to the officer duly authorized to receive the same, the sum of ($15) fifteen dollars, but this payment shall be made at such time in each year, and to such officer as may be directed by the Governor, and the same shall be, by the officer collecting the same, paid into the State Treasury, and may, under the direction of the Governor, be used for the purpose designated in the last preceding section. The Governor shall also prescribe all necessary regulations for collecting this tax, and of all fines, forfeitures and assessments provided by the laws governing the State Guard and Reserve Militia.

SEC. 23. The commander-in-chief may, by general and special orders, from time to time as he may deem necessary, divide the State into military divisions, districts and sub-districts, and detail officers to command the same as the exigencies of the service may require, and shall, from time to time, issue such general and special orders as may be requisite to render the military force of this State efficient and its organization complete, and shall have power to negotiate with the general government for the loan or purchase of arms for the use of the military force of this State.

SEC. 24. The Reserve Militia, when not exempted by payment of commutation tax, or for other reasons, shall in all cases be subject to detail the same as the State Guard; and any person belonging to the military forces of this State, who shall, contrary to the lawful order of the proper officer, retain in his possession any military property in this State, shall, in addition to the military offense of disobedience, be guilty of a misdemeanor or felony, as the case may be, and upon conviction thereof before a court having jurisdiction of the offense, shall receive such punishment as may be provided for that grade of offense, by the criminal code of the State,

and such property, wherever the same shall be found, shall be taken and returned to the possession of the proper officer.

SEC. 25. In time of war, rebellion, insurrection, invasion, resistance of civil process, breach of the peace or imminent danger thereof, the Governor shall have full power to order into active service the military force of this State.

SEC. 26. It shall be the duty of the Governor, and he is hereby authorized, whenever in his opinion the enforcement of the law of this State is obstructed, within any county or connties, by combinations of lawless men too strong for the control of the civil authorities, to declare such county or counties under martial law, and to suspend the laws therein until the Legislature shall convene and take such action as it may deem necessary. In this event the Governor, by his proclamation, shall designate the county or counties wherein the laws are to be so suspended; and the Governor shall call out such part of the State Guard or Reserve Militia or State Police as may in his opinion be necessary to the suppression of disorder. The expense of maintaining the State Guard or Reserve Militia, called into active service under this section, may, in whole or in part, in the discretion of the Governor, be assessed upon the people of the county or counties where the laws are suspended. For the assessment and collection of such part of this expense as may be required to be paid by the county or counties where the laws are suspended, the Governor may provide, and he may also prescribe, the necessary regulations therefor, and may designate the officer or officers who shall make such assessment and collection thereof.

SEC. 27. Whenever the laws may be suspended, as provided for in last preceding section, it shall be the duty of the Governor to provide for the trial and punishment of offenders; and the Governor shall make all details of officers for this purpose, and prescribe all necessary regulations for the formation and government of courts martial and military commissions for this purpose.

SEC. 28. All officers, non-commissioned officers, musicians and privates, whenever called into service, shall receive the same compensation as commissioned officers and enlisted men of the regular army of the United States, together with all necessary rations and forage, and for the horses of any mounted men one-half dollar per day.

SEC. 29. All acts and parts of acts in conflict with this are hereby repealed.

SEC. 30. This act to take effect from and be enforced from date of passage.

Approved June 24, 1870.

CHAPTER XI.

AN ACT TO PROVIDE FOR THE APPOINTMENT BY THE GOVERNOR OF CERTAIN OFFICERS TO FILL VACANCIES.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That it shall be the duty of the Governor to appoint for each judicial district in this State one district attorney, who shall hold his office until the next general election in this State, or until otherwise provided by law, and who shall perform such duties as are now or may be hereafter required by law of such officer.

SEC. 2. That it shall be the duty of the Governor to appoint for each county in this State one county treasurer and one county surveyor, and a sufficient number of hide and cattle inspectors, and, where required, public weighers of cotton, who shall hold their offices, respectively, until the next general election in this State, or until otherwise provided by law, and who shall perform such duties as are now, or may be hereafter required of such officers, respectively, by law; provided that the offices named in this section shall not be deemed lucrative, and the incumbents thereof may hold any other county office.

SEC. 3. That it shall be the duty of the Governor to appoint in each county in this State, where a vacancy may exist by reason of the officer elect failing to take the oath prescribed by the act of Congress admitting Texas in the Union, approved March 30, 1870, or failing to qualify in accordance with the laws of this State, or by death, resignation or otherwise, one sheriff and one district clerk, who shall hold their offices, respectively, until the next general election thereafter, or until their successors shall qualify.

SEC. 4. That it shall be the duty of the Governor to appoint a mayor and a board of aldermen, or officers of like character, of such number as is or may be authorized by law, for each incorporated city and town in this State, and also a city recorder for each of the cities of Houston and Galveston, which officers shall hold their offices, respectively, until the next general election in this State, or until otherwise provided by law, and who shall perform such duties as are now or may be hereafter required by law; provided that all city or town officers not mentioned in this act, and provided for by law, including the office of recorder, shall be elected by the board of aldermen of the cities and towns respectively.

SEC. 5. That in case of a vacancy in any of the offices mentioned in this act, either before or after the next general election in