$1912. National Guard, of what it consists. $1913. Board of Location and Organization. 1914. National Guard to be organized into regiments. 1916. Governor Commander-in-Chief. $ 1917. Staff of Commander-in-Chief. $1918. Appointment and term of office of Generals. $ 1919. Restrictions in residence of staff officers. $1920. Effect of line officers accepting commissions on staff. $1921. Oath of officers and members. $1925. officers reëlected not to be recommissioned. 1926. Resignations, how made. $1927. Vacancies in elective offices, how filled. $1928. Absence or removal, when deemed resignation. $1929. Discharges, when and by whom granted. $ 1930. Disobedience of orders, unsoldierlike conduct-penalty. 1931. Interrupting officer or private in discharge of his dutypenalty. $1932. Expulsion for disgraceful cause bar to reëntry. 1933. Protection of parade ground. $1934. By-laws. 1935. Fines. 1936. Exemptions from poll tax, etc. 1937. List of persons so exempt to be given to Assessor. 81938. Commander-in-Chief may disband any portion of National Guard. $1939. Rules and regulations of United States army-how far ap plicable generally. 81940. No fees allowed to officers for administering oaths. 1941. Power of Commander-in-Chief. 1942. What colors to carry. $1943. Pension. 1944. Forfeiture of claims. 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. [In effect March 12, 1878.] 1913. The Commander-in-Chief, Major General, Adjutant General, and the Brigadier General of each brigade, constitute a Board for location and organization of the National Guard within such brigade, with power to transfer, attach, consolidate, or disband companies, and to reorganize, at pleasure, regiments and battalions. [In effect March 30, 1878.] 1914. All companies of the National Guard must, as far as practicable, be organized into regiments, battalions, and batteries. 1915. 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. The Governor is Commander-in-Chief of the National Guard. Governor is Commander-in-Chief-Const. Cal., art. 5, § 5. 1917. His staff consists of one Adjutant General, with the rank of Major General; 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. [In effect April 15, 1880.] 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. [In effect March 12, 1878.] 1919. The staff officers must be residents of the State and of their respective brigades. 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. 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-enlisment shall show on the margin the number of re-enlistment. [In effect March 30, 1878.] 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. [In effect March 12, 1878.] 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. 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. 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. [In effect March 12, 1878.] 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. [In effect March 12, 1878.] 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. [In effect March 12, 1878.] 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. [In effect March 12, 1878.] 1929. No officer of the National Guard inferior in grade to a regimental or battalion commander, or an officer commanding an unattached company, has power to grant discharges to non-commissioned officers, artificers, musicians, or privates All discharges must be in writing, and must set forth fully the cause of the discharge, and be signed by the officer granting it. 1930. Any officer, non-commissioned officer, musician, or private who disobeys the orders of his superior, uses reproach ful or abusive language to his superior, or misbehaves or demeans himself in an unofficer or unsoldierlike 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 tried and punished by a Court-martial, according to law and military usage. [In effect March 12, 1878.] Misdemeanor-by failure to attend parade, disobedience or disrespectful language, Penal Code, § 653. 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. 1932. No dishonorably discharged non-commissioned officer, artificer, musician, or private, or member of a company discharged from the National Guard for any disgraceful cause, must be permitted to again enter any company of the National Guard except the offense is pardoned by the Commander-inChief. [In effect March 12, 1878.] 1933. The commanding officer of any parade, review, or drill, and the officer in charge of any rendezvous, may cause the ground selected for that purpose to be marked or designated in such a manner as not to obstruct the passage of travelers on any public highway; and if any person, during the occupation of such ground for such military purpose, enters upon such ground without the permission of the officer commanding or in charge, he may be put and kept under guard, by the order of such commander, until the setting of the sun of the same day. 1934. Regimental, battalion, and company rules of government and by-laws regularly adopted by a majority of the elected officers of such regiments and battalions, or members of companies, and approved by the Commander-in-Chief, may be adopted and enforced in such regiments, battalions, and companies, if they are not in conflict with the laws and regulations of this State. [In effect April 15, 1880.] 1935. All fines and penalties for non-attendance upon drills, parades, and inspections, legally determined and imposed under the provisions of such rules and by-laws, may be collected by action in Justice's Court, in the name of the people of the State of California; and the books and records |