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and endorse a copy thereof on his commission, which shall take effect only when so endorsed. All commissioned officers shall take rank according to the date assigned them by their commissions, and when two of the same grade rank from the same date, their rank shall be determined by length of service in the National Guard, and if of equal service then by lot.
Examinations for promotion or appointments. SECTION 31. The governor may order any subordinate officer or person nominated or recommended for promotion or appointment to be examined by any competent ofiicer or board of officers, designated in orders for that purpose, as to his qualifications for the office to which he may be recommended or appointed, and may take such action on the report of such examining officer or board of officers as he may deem to be for the best interests of the service. The governor may also require the physical examination provided for admission to the United States army.
Officers' pay. SECTION 32. Each officer while on duty during encampments or in active service shall receive the pay of an officer of equal rank in the United States army and shall furnish his own subsistence.
State funds not to be used for officers' uniforms. SECTION 33. No state funds shall be used for the purchase of uniforms or equipment for an officer.
Pay of staff officers for special service. SECTION 34. The governor may, by orders, duplicates of which shall be filed with the secretary of state, fix the pay of any member of his staff, or other members of the National Guard for any special service under orders.
Compensation of inspecting officer. SECTION 35. The compensation of the inspecting officer, making the annual inspections, shall be six hundred dollars per annum, which shall be in full for all expenses incurred by him.
Bond of commanding officer; custodian of property; duties of as to. SECTION 36. Each commanding officer to whom state military property is issued shall execute to the state a bond, with such surcties and in such form as the governor shall approve, and in a sum not less than double the value of such arms, accoutrements or stores furnished, conditioned for the faithful preservation and care of all such arms, accoutrements, moneys, or stores, as shall be by him received, to indemnify the state against loss by misuse or misapplication of any part thereof by himself or any other person; to account for all of the same according to law, and to deliver the same to any oficer lawfully entitled thereto, on demand, and to pay all sums lawfully appraised for losses or damages. Thereupon the quartermaster general shall issue such arms, accoutrements and stores, as the governor shall by order direct, which shall be as nearly as possible like those in use in the army of the United States. The commanding officer for the time being is the legal custodian of the money, property and effects of any company, band, regiment or brigade of the National Guard, whether said property is owned by said company, band, regiment or brigade, or its members collectively, or has been issued to it or any of its officers, for its use by state or United states authority, and may sue for and recover possession of the same, whenever wrongfully withheld from his custody, or the custody of the company, band, regiment or brigade.
Inspection of property; board of survey; lost military property fund. SECTION 37. All military supplies issued to any officer shall be at all times subject to inspection by the inspector general, chief of ordnance, or officer designated by the governor for such purpose, who shall report the true condition thereof. The
governor may at any time require repairs to be made or defects or losses supplied; and he may, at any time, convene a kward of survey to condemn quartermaster's and ordnance stores and supplies or to appraise the loss sustained by the state from injury, want of repair, defects or losses in any such quartermaster's or ordnance stores issued to any officer; which board, after reasonable notice to him and hearing his explanations or objections, shall appraise the same and make report, and the amount so appraised, when approved by the governor, shall be conclusively deemed the amount of such officer's liability on his bond therefor up to the date of such report; and he shall be compelled to pay the same into the state treasury; said payments to be placed by the state treasurer in a special fund to be known as the lost military property fund and said fund shall at all times be available for purchase by the quartermaster general, subject to the approval of the governor, of any military property needed to replace that lost or destroyed. The governor shall cause suit to be bronght whenever necessary to make good any injury, want of repair or loss of any quartermaster's or ordnance stores or supplies or other state property. But if any such stores or property belonging to the state shall be lost, destroyed or damaged, without the fault or neglect of the officer responsible for the same, such officer and his sureties may, by order of the governor, on the report of a board of survey or other satisfactory proof, be relieved of all liability therefor.
Delivery of property on resignation or dismissal; custody in case of death. SECTION 38. Whenever any officer responsible for state property shall resign, be promoted, dismissed or discharged, he shall deliver the quartermaster's and ordnance stores in his possession or for which he is responsible, only to the quartermaster general, or to some person duly appointed to receive the same, who shall give such bond for its safe keeping while in his possession as the governor may direct, and take duplicate receipts therefor, one of which he shall file with the quartermaster general. A discharge shall not be issued until such officer has received certificates of non-indebtedness from the quartermaster general. His successor in office shall, before receiving such property, execute and file a bond as herein before provided. In case of the death of any such officer the next in command shall immediately take charge of such quartermaster's and ordnance stores and supplies and deliver the same to the quartermaster general or some person appointed to receive the same; or, if commissioned in place of said deceased, he shall esecute and file a like bond, and give duplicate receipts therefor, one of which he shall file as aforesaid.
Funds for incidental expenses; accounting of. SECTION 39. There shall be paid annually to each company commander and to each regimental and separate battalion adjutant, from the state treasury, the sum of fifty dollars. Each regimental commander shall receive annually for the incidental expenses of the regimental headquarters and staff one hundred dollars and each battalion commander fifty dollars, and each such regimental commander shall annually report to the adjutant general the disposition made of such fund.
National guard how called into active service. SECTION 10. In case of war, insurrection, rebellion, riot, invasion, resistance to the execution of the laws of this state, or of the United States, or in the event of public disaster resulting from flood, conflagration or tornado, or upon application of any marshal of the United States, the mayor of any city, or any sheriff in this state, the governor may order into active service all or any portion of the National Guard. If the governor be absent, or can not be immediately communicated with, any such civil officer may, if he deems the occasion so urgent, make such application, which shall be in writing, to the commanding officer of any company, battalion or regiment, who may upon approval of the adjutant general, if the danger be great and imminent, order out his command to the aid of such civil officer. Such order shall be delivered to the commanding officer, and by him immediately communicated to each, and every subordinate officer, and every company commander receiving the same shall immediately communicate the substance thereof to each member of the company, or if any such member can not be found, a notice in writing containing the substance of such order shall be left at the last and usual place of residence of such member with some person of suitable age and discretion, to whom its contents shall be explained.
Penalty for officers' failure to obey call; excuse. SECTION 41. If any company commander or commissioned officer, receiving such order, shall fail to give such notice or shall fail to appear at the time and place ordered, prepared for duty, he shall be cashiered and be further punished by fine and imprisonment as a court martial may judge; or if any enlisted man, after being duly notified, shall refuse or neglect to appear at the time and place of rendezvous, properly prepared for duty, or fail to obey any order issued in such case, he shall be deemed a deserter, and punished by a fine of not less than fifty dollars nor more than three hundred dollars, or be imprisoned in the county jail not exceeding six months, or both; and any person who advises or endeavors to persuade any officer or soldier to refuse or neglect to appear at such place or obey such order, shall be punished by imprisonment in the county jail not exceeding six months, or a fine not exceeding one thousand dollars, or both. But physical incapacity to perform military service, dangerous sickness in the family of any such officer or enlisted man, or absence at the time such notice was served, when such absence was not intended to avoid such notice or service, and when he shall join for duty on his return, if his command is still in service, shall excuse such fault.
Encroachment on parade or drill ground; abuse of men; penalty. SECTION 42. The commanding officer of any parade or drill, and the officer in charge of any rendezvous or camp, may cause the ground selected for that purpose to be marked or designated in such a manner as not unnecessarily to obstruct travel on any public highway; and if any person, during the occupation of such ground for military purposes, shall encroach upon such bounds, or enter upon such ground without the permission of such officer, he may be arrested and kept under guard by the order of such officer until the setting of the sun of the same day, or for such reasonable time as may be necessary to procure
his arrest by the civil authorities. Any such offender may be arrested and punished as for a breach of the peace. If any person shall intercept, molest, insult or abuse any officer or enlisted man while in the performance of his military duty, he may be immediately arrested and kept confined at the discretion of the commanding officer of the force engaged in the performance of such duty, until the setting of the sun of the same day on which the offense shall have been committed, or for such reasonable time as may be necessary to procure his arrest by the civil authorities. Any such offender may be arrested and punished as for a breach of the peace. Discharge of officer. SECTION 43.
SECTION 43. Any officer may be discharged by order of the governor.
Pay of unmounted mounted officer. SECTION 44. Any mounted officer not providing himself with and using a proper mount while on duty shall be entitled to dismounted pay only. Authority to administer oaths.
SECTION 45. All officers of the National Guard shall have authority to administer oaths of enlistment.
Retired list; eligibility of officers on. SECTION 46. All commissioned officers who may have heretofore served or who shall hereafter serve five years in the National Guard may, upon honorable retirement from the service, be carried on a roll to be established and maintained in the office of the adjutant general, which roll shall be designated the "Wisconsin National Guard Retired List” and they shall be entitled to wear, on occasions of ceremony, the uniform of the highest rank which they have held. The officers so carried on such roll may be eligible for detail or appointment by the governor, but when so detailed or appointed shall be considered as of the rank to which they have been detailed or appointed, which rank they shall hold during the period of such detail or appointment, and in case of a second retirement from active service, if the rank held by them at the time be higher than the one held by them on their first retirement, they shall be entered on said list as of the highest rank held by them. No officer whose name shall appear on said retired list shall be entitled to receive any pay or emolument whatever from the state during the time he so remains on said list, and in case he be reappointed, recommissioned or detailed therefrom, he shall be entitled to the pay and allowance provided by law for officers of the rank to which he may be detailed or appointed.
Resignation of officer; vacancies. SECTION 47. A commissioned officer may resign his commission to his immediate commanding ofiicer, in writing, who shall properly forward the same to the adjutant general. The governor shall, by erder, ac