the recommendation of the commanding officer of the national guard, detail supernumerary officers for active duty, in which case they shall rank in their grade from the date of such detail, and he may relieve them from such duty and return them to the supernumerary list at his discretion.

Sec. 37.-Resignations.

A commissioned officer tendering his resignation before having served five years, if the governor accept it,shall receive an honorable discharge; if he has served five years or more, he shall receive a full and honorable discharge: Provided, He shall not be under arrest or return to a military court for any deficiency or delinquency: And Provided, Further, He be not indebted to the territory in any manner, and that all his accounts for money or for public property be correct. In computing the time served, service as an enlisted man shall be allowed, and the service is not required to be continuous. If the governor accept the resignation of an officer who at the time shall be under arrest, under charges or return to a military court for any offense, deficiency, or delinquency, such officer shall then cease to be an officer of the militia, and shall receive a discharge in such form as the governor shall direct, nor shall he be again eligible to receive a commission unless he first re-enlist, as provided in this chapter in the case of enlisted men dishonorably discharged, and until he shall have performed at least sixty per cent. of duty in each year under such enlistment for two successive years.

Sec. 38.-Retirement and Discharge.

Any officer of the active militia who has reached the age of sixty-four years may be placed upon the retired list of the government. Any commissioned officer who shall have served in the same grade for the continuous period of ten years, or in the military service of the territory as the commissioned officer for fifteen years, may, upon his own request, be placed upon the retired list and withdrawn from active service and command by the governor.

Any commissioned officer who has become or shall hereafter become disabled, and thereby incapable of performing the duties of his office, shall be withdrawn from active service and command and placed on the retired list. Any commissioned officer who has become or who shall hereafter become unfit or incompetent, and thereby incapable of performing the duties of his office, shall be discharged upon the recommendation of his commanding officer or the recommendation of an inspecting officer. Such retirement or dis

charge shall be by the order of the government, and in either case, shall be subject to the provisions of this section. Before making such order, a board of not less than five commissioned officers, one of whom shall be a surgeon, shall be appointed, whose duty it shall be to determine the facts as to the nature and cause of incapacity of such officer as appears disabled or unfit, or incompetent, from any cause, to perform military service, and whose case shall be referred to it. No officer whose grade or promotion would be affected by the decision of such board, in any case that may come before it, shall participate in the examination or decision of the board in such case. Such board is hereby invested with the powers of courts of inquiry and courts martial, and whenever it finds an officer incapacitated for active service shall report such fact to the governor, stating cause of incapacity, whether from disability, unfitness or incompetency, and if he approves such finding, such officer shall be placed on the retired list or discharged, as provided in this article. The members of the board shall, before entering upon the discharge of their duties, be sworn to an honest and impartial performance of their duties as members of such board. No officer shall be placed upon the retired list or discharged by the action of such board without having had a fair and full hearing before the board, if upon due notice he shall demand it. It shall not be necessary to refer any case for the action of such board arising under this section, unless the officer designated to be placed upon the retired list or discharged shall, within twenty days after being notified that he will be so retired or discharged, serve on the adjutant general a notice in writing that he demands a hearing and examination before such board. Boards for the national guard shall be appointed by the governor for officers above the grade of colonel, and by the commanding officer of the national guard for officers below the grade of brigadier general. The governor may withdraw from active service and command and place upon the retired list any officer who has been twenty-five years in the active service of the national guard, on the recommendation of the commanding officer of his organization, the commanding officer of the brigade, and the commanding officer of the national guard. Vacancies created by the operation of this section shall be filled in the same manner as other vacancies.

Sec. 39.-Examination and Discharge of Officer.

The governor may, whenever he may deem that the good of the service requires it, order any commissioned officer before a board. of examination, to consist of not less that three nor more than five

general or field officers, which is hereby invested with the powers of courts of inquiry and courts-martial, and such board shall examine into the moral character, capacity, and general fitness for the service of such commissioned officer, and record and return the testimony taken and a record of its proceedings. If the findings of such board be unfavorable to such an officer and be approved by the governor, he shall be discharged from the service. No officer whose grade or promotion would in any way be affected by the decision of such board, in any case that may come before it, shall participate in the examination or decision of the board in such case. Failure to appear when ordered before a board constituted under this section shall be sufficient ground for a finding by such board that such officer ordered to appear be discharged.

Sec. 40.-Dismissal.

An officer who shall have been absent without leave for a period of six months or more shall be dismissed by the governor.

Sec. 41.-Removal.

A commissioned officer cannot be removed from office without his consent, except by the council upon the recommendation of the governor, the sentence of a general court-martial, or as provided in this chapter.

ARTICLE 4.-ENLISTED MEN OF THE NATIONAL GUARD.

Sec. 42.-Enlistment,

Any man who is a citizen of the United States or has declared his intention to become a citizen, if more than 18 and less than 45 years of age, able-bodied, free from disease, of good character and temperate habits, may be enlisted in the national guard of this territory, under the restrictions of this article, for a term of not less than two years; except that men may be enlisted as musicians if more than 16 years of age.

No minor shall be enlisted without the written consent of his parent or guardian. A man who has been expelled or dishonorably discharged from any military organization of the territory or United States shall not be eligible for enlistment or re-enlistment unless he produce the written consent to such enlistment of the commanding officer of the organization from which he was expelled or dishonorably discharged, and of the commanding officer who approved such expulsion or issued such dishonorable discharge. Men who have been discharged by reason of disbandment may be enlisted and shall then receive for the period served at the time

of such disbandment. A man discharged for physical disability shall, if such disability cease, and he again enlists, or a man discharged upon his own request shall, if he again enlists, receive credit for the period served prior to such discharge.

Bandmasters, drum majors, chief trumpeters, veterinary surgeons, members of the hospital corps, and musicians may be enlisted as such.

Sec. 43.-Re-Enlistments.

Any man who has served the period of his original enlistment may be re-enlisted for a term of one year or more. No man above the age of 45 years shall be re-enlisted except by permission of the commanding officer of the brigade to which the organization is attached.

Sec. 44.-Enlistment Papers,

Every person who enlists or re-enlists shall sign and make oath. to an enlistment paper which shall contain an oath of allegiance to the territory and the United States, and be in such form as may be prescribed in the regulations issued under this chapter. Such oath shall be taken and subscribed to before a field officer, or the commanding officer of a signal corps, troop, battery, or company, who are hereby authorized to administer such oath; but no enlistment shall be valid until it be approved by the commanding officer of the organization to which the signal corps, troop, battery, or company is attached or of which it forms a part. A person making a false oath as to any statement contained in such enlistment paper shall, upon conviction, be deemed guilty of perjury.

Sec. 45.-Transfers.

Enlisted men may be transferred upon their own application in the same regiment or battalion or squadron not a part of a regiment, from one company or troop to another, by the commanding officer of such a regiment, battalion, or squadron; from one regiment, battalion or squadron not part of a regiment, signal corps, separate troop, battery or separate company, to another in the same brigade, by the commanding officer of the brigade; from one brigade to another, by the commanding officer of the national guard. Non-commissioned officers must be returned to the ranks before they can be transferred.

Sec. 46.-Non-Commissioned Officers.

Commanding officers of regiments and of battalions and squadrons not part of regiments shall appoint and warrant the non-com

missioned staff officers of their respective regiments, battalions or squadrons; and they shall, in their discretion, warrant the noncommissioned officers of the troops, batteries, and companies of their respective regiments, battalions, and squadrons from the members thereof, upon the written nomination of the commanding officers of the troops, batteries, and companies respectively. In troops, batteries, and companies not part of a regiment, battalion, or squadron, and in signal corps, the non-commissioned officers shall be warranted by the commanding officer of the brigade in his discretion, from the members thereof, upon the written nomination of the commanding officer of the troop, battery, company, or signal corps. No enlisted man shall be warranted as a non-commissioned officer unless he shall have passed a satisfactory examination before a board of examiners to be appointed by the officer authorized to issue such a warrant. To be eligible for appointment as sergeant, first class, of the hospital corps, a candidate must be a registered pharmacist. A sergeant of the hospital corps must be appointed from the hospital corps. The officer warranting a non-commissioned officer shall have power to reduce to the ranks, for good and sufficient reasons, the non-commissioned officers named in this section; but such as were enlisted as non-commissioned officers shall be discharged. Non-commissioned officers who shall be dropped vacate their posi

tions.

Sec. 47.-Dropping From the Rolls.

An enlisted man who shall remove his residence to such distance from the armory of his organization as to render it impracticable for him to perform his duties properly, or who, after due diligence, cannot be found, or who shall be convicted of a felony, or who shall be expelled from his organization in accordance with by-laws lawfully adopted, may be dropped from the rolls of his company, battery, troop, or signal corps by order of the commanding officer of the brigade, regiment, battalion, or squadron not part of a regiment.

Sec. 48.-Taking Up From Dropped.

An enlisted man dropped by reason of removal may be taken up at any time within three years after such removal, in his former or any other organization, obtaining in the latter case first the written permission of his former commanding officer approved by the officer upon whose order he was dropped. An enlisted man dropped for removal may be taken up at any time after three years after such removal, upon his own application, approved by the officer upon whose order he was dropped. The taking up shall be done under