commissary sergeant, one sergeant major, one principal musician, and two color sergeants. ['96, p. 286*.

1432. Band. Each regiment of infantry and cavalry may have a band containing one leader with the rank of sergeant major, two principal musicians with the rank of sergeant, and not more than twenty privates. ['96, p. 292.

1433. Separate companies forbidden. There shall be no separate or unattached companies, troops, or batteries in the guard; all shall be attached to the regimental or brigade organization. ['96, p. 286.

1434. Company organization. The organization of companies of the national guard of Utah, shall be the same as the companies in the United States army; provided, that in time of peace a company of infantry shall contain not more than sixty nor less than forty members, a company of cavalry not more than sixty nor less than forty members, a company of artillery not more than eighty nor less than forty members, and the signal corps not more than twentythree nor less than thirteen members. ['96, p. 286.

GOVERNOR AND STAFF.

1435. Commander-in-chief. The governor of the state shall be commander-in-chief of the militia of the state, and may from time to time publish such rules and regulations conformable to law as he may deem necessary for its government. ['96, p. 281.

1436. Id. Staff. The staff of the commander-in-chief shall consist of an adjutant general, with the rank of brigadier general, an inspector general, a quartermaster general, a commissary general, a surgeon general, a judge advocate general, a general inspector of target practice, each with the rank of colonel, and two aides-de-camp, each with the rank of lieutenant colonel. The governor shall, by and with the consent of the senate, appoint any or all of the officers provided for in this section; who shall hold their offices during the incumbency of the governor appointing them, and until their successors are duly appointed and qualified, unless sooner removed by the commander-in-chief. After the first appointments are duly made and confirmed by the senate as aforesaid, the governor shall fill all vacancies that may occur in any of said offices, at a time when the senate is not in session, by temporary appointment until the next meeting of the legislature. A permanent removal from the state of any such officer shall be deemed a resignation of his office. ['96, p. 282.

1437. Duties of adjutant general. The adjutant general shall issue and transmit all orders of the commander-in-chief, relating to the militia or military organizations of the state. He shall keep a register of all officers commissioned by the governor, a record of all general and special orders and regulations and of all matters pertaining to the national guard of Utah, and perform in time of peace the duties of quartermaster general. He shall have charge of the state arsenal and grounds, and shall receive and issue all ordnance, ordnance stores, and camp and garrison equipage, on the order of the commander-in-chief. He shall have charge of and carefully preserve the colors, flags, guidons, and military trophies of war belonging to the state, and shall not allow the same to be loaned out or removed from their proper place of deposit. He shall furnish. at the expense of the state, all proper blank books, blanks, and forms, and such military instruction books as shall be approved by the commander-in-chief. He shall also on or before the first day of January next preceding each regular session of the legislature, make a full and detailed report to the governor of all the transactions of his office, with the expense of the same for the preceding two years. He shall report at such other times and on such other matters as the governor shall require. He shall give a bond to the state in the penal sum of ten thousand dollars with at least two sureties to be approved by the governor. ['96, pp. 282-3*.

1438. Duties of staff officers. The inspector, quartermaster, commissary, surgeon, and judge advocate generals, and the general inspector of target practice shall perform such duties as may be prescribed by regulations or directed by the commander-in-chief. They shall each, prior to the third Monday in December, make an annual report to the commander-in-chief through the adjutant general. ['96, pp. 283*, 284*, 285*.

COMMISSIONED OFFICERS.

1439. Election of officers. Field officers of battalions and regiments shall be elected by ballot by the commissioned officers of the organization to serve for a term of three years, unless sooner discharged. Company officers shall be elected in like manner by the members of their respective companies to serve for a like term. In all cases a majority vote of the whole number of persons entitled to vote shall be necessary to a choice; provided, that the term of office under this section shall be continuous upon the re-enlistment of the officer. ['96, p. 288*.

1440. Commissions. Oaths. Examinations. All commissions shall be issued under the seal of the adjutant general's office, signed by the governor, and countersigned by the adjutant general. An officer duly commissioned shall within ten days after receipt or tender of his commission take and subscribe the required oath which shall be transmitted to the adjutant general to be filed in his office; provided, that no officer shall be commissioned without a certificate of an examining board as to his fitness and qualification for such commission, after a full and fair examination by a board appointed for the purpose, by the commander-in-chief; and provided further, that officers shall have three months from the date of election in which to prepare for examination. All officers failing to appear for examination when ordered to do so, or failing to pass said examination, shall have their commissions declared vacant and an election shall be ordered to fill the same. No charge shall be allowed or pay received for any commission issued under the provisions of this title. ['96, p. 288*.

1441. Who may hold commission. On and after the first day of July, eighteen hundred and ninety-eight, no person except the officers of the staff of the commander-in-chief and of the brigadier general shall hold any commissioned office in the national guard, who is not a male citizen of the United States, over twenty-one years of age and free from the disqualifications mentioned in section fourteen hundred and twenty-four, and who has not served at least three years in the national guard of Utah or in the regular or volunteer army of the United States or in the active militia or national guard of some state or territory of the Union; provided, that no person above the age of forty-five years shall be disqualified on account of his age from holding office or serving in any organized company; and provided further, that the governor may, if he deems it advisable, in organizing new companies after that date, commission persons as officers of such companies, who have not served three years in military service as aforesaid. ['96, pp. 287-8*.

1442. Relative rank. Commissioned officers shall take rank according to the date of their relative commissions. Officers of the same rank, commissioned on the same day, shall determine their relative rank by lot. Any officer re-elected or reappointed shall take rank according to the date of his original commission. ['96, p. 288.

1443. Resignations. The resignation of officers shall be addressed to the commander-in-chief and transmitted to the adjutant general through the regular military channels. Commanding officers before forwarding resignations, shall indorse thereon their approval or disapproval together with all facts bearing upon the case. An officer tendering his resignation shall not be considered as having vacated his office until his resignation is accepted. ['96, p. 289.

1444. Discharge. An officer may be discharged by the commander-in

chief:

1. Upon the sentence of a court martial.

2. When it appears to the commander-in-chief that he is unable or unfit to discharge the duties of his office, or that he has been convicted of an infamous crime.

3. When he has removed his residence out of the bounds of his command to so great a distance that it is inconvenient to perform the duties of his office. 4. When he has been absent from his command for a longer period than three months without leave.

5. Upon disbandment of the organization to which he belongs.

6. Upon tender of his resignation. ['96, p. 289.

1445. Retired list. When an officer of the national guard in good standing has served five years as a commissioned officer he shall, if he make application therefor to the commander-in-chief, be retired from active service and placed upon the retired list. When in the opinion of the commander-in-chief any officer has become physically incapable of performing the duties of his office, he shall be ordered before a retiring board to be assembled by order of the commanderin-chief. When such a board finds an officer incapacitated for active service it shall report its findings to the commander-in-chief, and, if in the opinion of the board the incapacity has resulted from no fault of the officer examined, he shall be placed upon the retired list. ['96, p. 295.

ENROLLMENT AND ENLISTMENT.

1446. Company, how organized. Companies shall be organized upon the petition of a number of persons subject to military duty not less than the minimum required for the organization proposed. Such petition shall be made to the governor, who, if he deems it desirable to organize the company, shall direct the adjutant general to inspect and receive into the service of the state. such petitioners and other persons, not less than the minimum required, as in his judgment are proper persons to enlist. The adjutant general shall require the persons so received to meet at a time appointed to elect by ballot the officers to be commissioned. He shall require a muster roll of the organization to be signed by the persons so received, with a certified statement showing the names of the officers elected. All persons so received into the service shall be considered to be duly enlisted. ['96, p. 287*.

1447. Application for enlistment. Application for enlistment in any organized company of the national guard shall be made at a regular meeting or assemblage of such organization; and the name of such applicant shall be posted in the company quarters until the next succeeding regular meeting, at which time such applicant may be balloted for; and if acceptable to a majority of the members present at the time of the ballot, shall be enlisted by the captain. Signing the enlistment roll shall constitute a legal enlistment. ['96, p. 280*.

1448. Enlistment. Every person mustered into the national guard shall be enlisted for a term of three years to begin at noon on the day of enlistment. All soldiers except non-commissioned staff officers shall be mustered in as privates. Captains shall act as recruiting officers for their organizations. Every person recruited shall sign an enlistment roll as follows:

“I, do hereby enlist in (company, troop, battery, or etc., as the case may be), of the national guard of Utah, for the term of three years, subject to all the laws, rules, and regulations which may govern the same; and I do declare that I know of no impediment to my serving honestly and faithfully as a soldier for the term of my enlistment." ['96, pp. 279–80.

1449. Id. Oath. The following oath shall be administered to all officers and enlisted men upon accepting office or entering the service:

do solemnly swear (or affirm) that I will bear true allegiance to the United States of America and to the state of Utah; that I will serve them honestly and faithfully against all their enemies and oppressors whatsoever, and that I will observe and obey the orders of the president of the United States, the governor of this state, and the orders of the officers appointed over me, according to the rules and articles of war for the government of the armies of the United States and of this state.”

The above oath may be administered by any commissioned officer. Upon the back of every commission shall be printed the following certificate, which shall be signed by the person before whom such officers are qualified:

"This certifies that appeared before me and took and subscribed the oath required by the laws of Utah and the United States to qualify him to discharge the duties of his office.

Dated this

day of

189-." ['96, p. 280.

1450. Disbandment. The commander-in-chief may at any time, for cause deemed to be sufficient by him, disband any portion of the national guard.

Cal. Pol. C. 1938.

1451. Non-commissioned officers. Commissioned and non-commissioned staff officers, the leader and the sergeants of the band of each battalion and regiment, and non-commissioned officers of each company, shall be appointed by the commanding officer of the respective organizations, and each non-commissioned officer shall be furnished with a warrant signed by the commanding officer and adjutant of the regiment or separate battalion of which he is a member. ['96, p. 289.

1452. Id. Reduction to ranks. Non-commissioned officers may be reduced to the ranks, (1) by sentence of a court martial, (2) by order of the adjutant general, for good and sufficient reasons, upon the application of the company commander, to be approved by the commanding officer of the regiment, or separate battalion, and by the brigadier general. ['96, pp. 289–90.

1453. Discharge of enlisted man.

No enlisted man shall be dis

charged before the expiration of his term of service except for the following

By two-thirds vote of the company requesting the discharge of a soldier for being habitually troublesome or of such a character as to degrade the company.

6. Upon his own application, approved by the commanding officers of his company, regiment, or separate battalion.

7. Upon sentence of a court martial.

8. Whenever, in the opinion of the commander-in-chief, the interest of the service would thereby be promoted.

Dishonorable discharges or such discharges as forbid re-enlistment shall be given only in accordance with sentences of courts-martial. Each soldier discharged shall be furnished with a certificate of such discharge which shall clearly state the reason therefor. ['96, p. 290.

MISCELLANEOUS.

1454. Pay of militia in service. The military forces of this state, when in the actual service of the state, in time of war, insurrection, invasion, or imminent danger thereof, shall, for the first twenty days of their service receive the pay provided in section fourteen hundred and fifty-six of this title and shall thereafter be entitled to the same pay, rations, and allowances for clothing as are

at the time of the said service allowed by law in the army of the United States. ['96, p. 281*.

1455. Id. In time of peace. No officer, non-commissioned officer, musician, or private shall receive any compensation from the state during time of peace, except as in this title provided.

1456. Id. When at an encampment. When in attendance at an encampment for military instruction, the Utah national guard shall receive the following compensation per diem: non-commissioned officers, musicians, and privates, one dollar and fifty cents; lieutenants, two dollars and fifty cents; captains, brigade, regimental, and battalion staff officers, and field officers, three dollars; general officers, four dollars. In addition thereto, each officer and enlisted man of the Utah national guard shall be entitled to one ration per day while in attendance at said encampment. Transportation to commissioned officers and transportation and subsistence to enlisted men, in addition to the pay authorized by this title shall be furnished for attendance upon courts-martial and boards of examination, and for such special service as may be ordered by the commander-in-chief. [96, pp. 281-2*.

1457. Board of control. The commander-in-chief, the brigadier general. and commanders of regiments, separate battalions, and the signal corps, or a majority of them, shall constitute a board of control whose duty it shall be to decide upon all points connected with the national guard of Utah, not settled by this title nor left to the decision of the commander-in-chief by this title. p. 290*.

['96,

1458. U. S. regulations and articles applicable. The rules and regulations of the army of the United States, and of the articles of war thereof, so far as the same may be applicable and not inconsistent with the laws of this state and the rules and regulations prescribed by the commander-in-chief, constitute the rules, regulations, and articles for the government of the national guard and of the enrolled militia when called into the service of the state. ['96, p. 291*. Cal. Pol. C. 1939*. regulations as nearly as possible, Con. art. 15, Organization, equipment, etc., to conform to U. S. sec. 2. U. S. regulations for drill purposes, 1⁄2 1467. 1459. Commander-in-chief may prescribe regulations. The commander-in-chief is authorized and has power to establish and prescribe such rules and regulations, forms, and precedents, not inconsistent with the provisions of law, as he may deem proper for the use, government, and instruction of the national guard, and to carry into full effect the provisions of law relative thereto. Such rules, regulations, forms, and precedents shall, from time to time, be revised, as may be deemed necessary, and shall be promulgated in orders, and compiled in such form as may be deemed advisable for the information of the national guard. ['96, p. 291*.

Cal. Pol. C. 1941.

1460. By-laws. 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. ['96, pp. 280-1*.

Cal. Pol. C. 1934.

1461. Powers of commanding officer. The commanding officer of any troops under arms may cause them to perform any military duty he shall require and also put under guard any officer, non-commissioned officer, musician. or private who shall disobey the orders of his superior officer. ['96, p. 292. 1462. Id. Trespassers. Disorderly conduct. The commanding officer of any parade, review, or drill, and the officer of any rendezvous, may cause the ground selected for that purpose to be marked or designated in such