7232. Term of office-Oath.

The commissions of the staff officers of the Commander-in-chief and regimental staff officers shall expire with the term of office of the officers appointing them. All other officers shall hold their commissions for the period of three years, unless sooner discharged by resignation, or otherwise. When an officer is. re-elected or re-appointed, no new commission issues, but a certificate of such re-election or re-appointment will be endorsed upon his original commission. Such officer shall take rank from the date of his original commission. All commissioned officers must subscribe to the oath of their office, and be sworn before some civil authority having power to administer oaths. Unless re-appointed, the sergeant major, regimental quartermaster sergeant, commissary sergeant, hospital steward, chief musician, principal musician, and drum major, will be discharged on the expiration of the term of office of the regimental commander who appointed them.

History.-Laws 1905, H. R. 156, sec. 33; in force April 3.

7233. Custodian of property give bond.

Commanders of the regiments and companies and all other officers who are responsible for public military property shall execute and deliver to the adjutant general a bond, in such sum as the Commander-in-chief may direct, not exceeding five thousand dollars ($5000.00), payable to the state of Nebraska, with sufficient sureties, to be approved by the governor, conditioned for the proper care and use of said public property, and the return of same, when ordered by competent authority in good order; ordinary wear and unavoidable loss and damage excepted; and in case of such loss or damage, to immediately furnish the adjutant general with properly attested affidavits, setting forth all the facts attending such loss or damage.

History.-Laws 1905, H. R. 156, sec. 34; in force April 3.

7234. Public property-How kept.

All public property, except when in use in the performance of military duty, shall be kept in armories, or other properly designated places of deposit; and it shall be unlawful for any person charged with the care and safety of said public property to allow the same out of his custody except as above specified; and any member of the Nebraska National Guard who shall fail to return any property of the state or the United States to the armory or other place of deposit, when notified by the commanding officer so to do, shall be fined in any sum not exceeding fifty dollars ($50.), to be prosecuted and collected as in other cases of misdemeanor.

History.-Laws 1995, H. R. 156, sec. 35; in force April 3.

7235. Armory commission.

Whenever any arsenal, armory, or other quarters of the militia, camp ground or rifle range, is owned or leased by the state, the same shall be under the charge of an armory commission. When any such property is devoted to the use of the National Guard, the commission in charge thereof shall consist of the adjutant general, the quartermaster general, and the senior colonel commanding a regiment. History.-Laws 1905, H. R. 156, sec. 36; in force April 3.

7236. Allowance for armory rent.

There shall be paid to each company, troop, battery, and corps the sum of two hundred and fifty dollars ($250) per annum to pay the rent for armories

not owned by the state, and one hundred dollars ($100) per annum to each band and regimental headquarters.

History.-Laws 1905, H. R. 156, sec. 37; in force April 3.

7237. Military units incorporated to build armory.

Each company and band of the Nebraska National Guard is hereby authorized to incorporate for the purpose of constructing, owning, and operating an armory, and may make by-laws for its own government, not in conflict with this Act and general orders or regulations; which shall be binding upon its members, and all fines and penalties imposed by such by-laws shall be collected as hereinafter provided.

History.-Laws 1905, H. R. 156, sec. 38; in force April 3.

7238. Reports of company officers.

The commanding officer of each company shall make quarterly reports to the adjutant general and the regimental commanders within five days after the expiration of each quarter, beginning with the last day of March in each year, and setting forth the exact commissioned and enlisted strength of his company, with all the changes that have taken place since the last report, the number and kind of exercises, with the average attendance thereat; and the quantity and condition of all public military property for which he is responsible. Like reports shall be made by commanding officers of regiments and all other officers commanding organizations or detachments and accountable for public property. Any officer failing to render the quarterly report of his command within the time specified will, at the discretion of the Commander-in-chief, be suspended from command and liable to trial by general court martial for such neglect. History.-Laws 1905, H. R. 156, sec. 39; in force April 3

7239. Pay after one year's service.

The following named commissioned officers and non-commissioned officers, after one year's service as such, may receive as compensation for administrative services and safe care of public property the following amounts per month: Commanding officer of a company, five dollars ($5); first sergeant, three dollars ($3); quartermaster sergeant, two dollars ($2); artificer, one dollar ($1),— the merit of such service to be determined by the promptness and correctness of quarterly reports and by the annual and special inspections.

History.-Laws 1905, H. R. 156, sec. 40; in force April 3.

7240. Drill twice a month.

Each company of the Nebraska National Guard shall be assembled at least twice in each calendar month for instructions in the authorized manuals of drill, guard duty, and target practice; instructions at each assembly to be given during at least two hours. The commander-in-chief will designate the number and method of drills that may be paid for at the rate of not less than twenty-five cents nor more than one dollar per day for each member of the guard participating in said drill. Commanding officers of regiments and companies are authorized to order as many additional drills as they may deem necessary for the proper instruction of their commands.

History.-Laws 1905, H. R. 156, sec. 41; in force April 3.

7241. Camp of instruction once a year.

The Nebraska National Guard shall encamp for instruction not less than five days annually, by battalion, regiment, or brigade, at such time, place, or places as may be ordered by the Commander-in-chief. No member of the Nebraska

National Guard will be excused from attendance except upon a surgeon's certificate of disability or dangerous sickness in the immediate family of said member. History.-Laws 1905, H. R. 156, sec. 42; in force April 3.

7242. Roll call in camp.

Every company when in camp shall have roll call on the first day at noon, and at tattoo; and on the remaining days as directed by the commanding officer of the camp in orders. Absence from any stated roll call, without leave, shall be deemed an absence for an entire day, and there shall be entered on the pay rolls a forfeiture of pay for one day against each absentee for each and every

absence.

History.-Laws 1905, H. R. 156, sec. 43; in force April 3.

7243. Discipline in camp.

The commanding officer of any encampment or parade may cause those under his command to perform any camp or field duties he may require, and may put under arrest during such encampment or parade any member of his command who may disobey a superior officer or be guilty of disorderly or unmilitary conduct, or any other person who may trespass upon the encampment grounds or parade, or molest the orderly discharge of duty by members of his command; and he shall prohibit the sale of all spirituous and malt liquors within one mile of such encampment or parade.

History.-Laws 1905. H. R. 156, sec. 44; in force April 3.

7244. Examination for commissions.

The examination of persons as to their fitness for commissions, as provided for in section 25, shall be made by a board of officers to be constituted and conducted as prescribed in regulations by the Commander-in-chief, or as may be required by the United States Army regulations.

History-Laws 1905, H. R. 156, sec. 45; in force April 3.

7245. Retired list.

A retired list is hereby established and when an officer shall have served fifteen years continuously as an officer or an enlisted man and officer, he may be placed upon such retired list on his own application, and an enlisted man shall also be entitled to retirement on his having served twelve years continuously. Provided, that when not more than one year intervenes between enlistments or commissions, such service shall be deemed continuous. Provided further, that service in the United States army shall, for the purpose of retirement, be counted double time, and need not be continuous. Whenever an officer of the Nebraska National Guard is deemed to be disqualified from any cause whatever, for a proper performance of the duties of his office, the governor shall have power to convene a retiring board and order such officer before it for examination. Should the report of the retiring board ordered to examine an officer be adverse, and be approved by the governor, the officer so examined shall immediately vacate his commission. Retiring boards shall be constituted and conducted as prescribed in regulations by the Commander-in-chief. The president and recorder of a retiring board shall have power to administer oaths and affirmations necessary for the transactions of its business.

History.-Laws 1905, H. R. 156, sec. 46; in force April 3.

7246. Pay when in service.

The military forces of the state of Nebraska, when in the actual service of the state, in camp of instruction, or in time of war, insurrection, invasion, or reasonable apprehension thereof, shall receive compensation as follows: The

officers and enlisted men while so engaged shall be entitled to the same pay, subsistence, and transportation or travel allowance as officers and enlisted men of corresponding grades United States Regular Army are or may be entitled to by law. For all enlisted men one dollar ($1) per diem additional pay may be allowed in the discretion of the Commander-in-chief. Officers or enlisted men ordered on special duty away from their commands shall receive such pay for their services as the Commander-in-chief may determine.

History.-Laws 1905, H. R. 156, sec. 47; in force April 3.

7247. Allowance for use of horse.

Each enlisted man who provides his own horse or horses, for use in an encampment or other service, under proper authority shall receive such compensation for the use thereof as may be determined by the military board, with the approval of the commander-in-chief.

History.-Laws 1905, H. R. 156, sec. 48; in force April 3.

7248. When members entitled to discharge.

All commissioned officers are entitled to an honorable discharge, in writing, signed by their company, regimental, and brigade commanders, and the adjutant general, at the expiration of their terms of office, on properly accounting for all property for which he is responsible. All enlisted men who have served faithfully three years consecutively are entitled to an honorable discharge as specified for commissioned officers.

History.-Laws 1905, H. R. 156, sec. 49; in force April 3.

7249. Resignation of officers.

Resignations of all commissioned officers will be forwarded to the adjutant general, through their intermediate commanding officers, for the action of the Commander-in-chief, who may accept and grant an honorable discharge. Provided, that the officer shall not be honorably discharged until he has satisfactorily accounted for all property he may be responsible for, nor while under charges for the commission of any offense.

History-Laws 1905, H. R. 156, sec. 50; in force April 3.

7250. Men-How discharged before time.

Enlisted men may be discharged before the expiration of their terms of service by the order of the Commander-in-chief, for the following reasons: On application, showing good reasons therefor; non-residence, in case of permanent removal from county or state; for disability, on certificate of a medical officer; by sentence of a court martial or company court of discipline; and without honor, on the recommendation of all the commissioned officers of the company. Enlisted men may be discharged at any time, by order of the United States or State courts having jurisdiction on a writ of habeas corpus.

History.-Laws 1905, H. R. 156, sec. 51; in force April 3.

7251. Military board-Pay.

There shall be a military board, consisting of the adjutant general, the brigadier general (when such officer is appointed and commissioned), the two senior colonels commanding regiments, and the judge advocate general. It shall be the duty of the military board to audit all claims and accounts of a military character against the state, not otherwise provided by law, and to act as an advisory body to the Commander-in-chief when called upon by him to act as such. The military board shall meet at the call of the adjutant general for the transaction of such business as may be brought before it. A majority of said board shall constitute a quorum for the transaction of business. As compensation, the members of the

military board (except the adjutant general) will be paid Two and 50-100 dollars (2.50) for expenses per day, while in actual attendance at meetings of the board, and five (5) cents per mile each way from their place of residence, to the place of meeting, by the direct and usually travelled route.

History.-Laws 1905, H. R. 156, sec. 52; in force April 3.

7252. Courts martial.

The governor, as Commander-in-chief, may order court martial for the trial of officers and enlisted men of the militia and National Guard, for offenses committed in violation of this Act, and against the rules and regulations promulgated for the government of the Nebraska National Guard; and for all offenses committed by them when in service, against the peace and good order of any community, which shall not be taken cognizance of by the civil authorities. History.-Laws 1905, H. R. 156, sec. 53; in force April 3.

7253. Courts martial when in camp.

The brigade, regimental, and battalion commanders may, when their commands are in camp, or united for service, with the approval of the Commanderin-chief, order courts martial for the trial of enlisted men of their commands, for offenses in violation of the regulations and camp orders.

History.-Laws 1905, H. R. 156, sec. 54; in force April 3.

7254. Summary court.

There may be appointed by the commanding officer of a regiment or of a subordinate organization when in camp of instruction or assembled for duty, a summary court, to consist of one officer, to be designated by him, which shall be vested with the same powers as those of a summary court of the United States Army, and whose findings and sentences shall be reviewed by the commanding officer and may be executed under his authority. Providing, the penalty inflicted by the court shall not exceed a fine in excess of the pay due the soldier thus convicted, for this tour of duty, nor be confined exceeding the limit of the encampment. The proceedings shall be forwarded to the Judge Advocate General for examination and record and to be included in his annual report. Commanders of companies may, with the approval of the Commander-in-chief, order Company Courts of Discipline, for the trial of enlisted men of the company for violations of the regulations and authorized by-laws.

History.-Laws 1905, H. R. 156, sec. 55; in force April 3.

7255. Courts of discipline and courts martial rules.

Courts martial and Company Courts of Discipline shall be constituted and conducted as prescribed by the Commander-in-chief in regulations. Provided, that the proceedings of all military courts shall conform to the regulations, articles of war, and practice of courts martial in the Army of the United States, as near as may be. Provided further, that in time of peace no member of the Nebraska National Guard shall be placed on trial before a General courts martial except upon duly prepared charges and specifications, which have passed the official scrutiny of the Commander-in-chief, and trial ordered by him, by endorsement thereon.

History.-Laws 1905, H. R. 156, sec. 56; in force April 3.

7256. Judge advocate-Duties before court.

A Judge Advocate shall be appointed for each military court specified in this Act, who shall prosecute each case in the name of the state of Nebraska, and shall render such other services to the court, and to the accused, as may be laid down in regulations, and is the practice in the military courts of the United States