ernor is Commander in Chief. Art. VII of the State 1896. The following persons are exempt from mili- Who are tary duty and enrollment: 1. Ministers of religion; 2. Civil and military officers of the United States; 3. Officers of foreign governments; 4. Civil officers of the State of California; 5. All persons exempted from military duty by the laws of the United States. exempt from military duty. enroll persons subject to military duty. 1897. The District or County Assessor of each Assessor to and every revenue district or county in this State must, at the same time in each year when he prepares a roll containing the taxable inhabitants of his district or county, enroll all the inhabitants thereof subject to military duty, which roll must be sworn to by him and delivered to the Clerk of the Board of Supervisors at. the same time he delivers the assessment roll. In the City and County of San Francisco the Tax Collector must perform the duties by this section imposed upon Assessors. NOTE.-See Sec. 176, Penal Code Cal. 1898. If any Assessor or the Tax Collector of the City and County of San Francisco neglects or refuses to perform any of the duties required of him by this Chapter, he is subject to the same liabilities as are provided by law for a neglect or refusal to perform any of the duties required of him in the assessment of taxes, and, in addition, forfeits not less than three hundred nor more than one thousand dollars, to be sued for in the name of the people of the State by the Dis trict Attorney of the respective county, and when recovered to be paid into the Military Fund of the State. If the Clerk of the Board of Equalization neglects or refuses to make and deliver to the Brigadier General of the Brigade to which his county belongs Tax make enrollment in San Penalty for refusal to neglect or make return. the triplicate of the military assessment roll, as directed in this Chapter, he forfeits not less than three hundred nor more than five hundred dollars, to be sued for, recovered, and disposed of in the same manner. NOTE.-See Sec. 176, Penal Code Cal. 1899. The Board of Equalization must correct the roll at the same time and in the same manner as is prescribed by law for the correction of the assessment roll. NOTE.-See Sec. 176, Penal Code Cal. 1900. The Clerk of the Board of Supervisors must deliver to the Brigadier General of the brigade to which his county belongs a triplicate of such roll certified by him, within ten days after the Board of Equalization have completed their corrections. NOTE.-See Sec. 176, Penal Code Cal. 1901. The compensation of Assessors for making out the military roll must be determined by the Boards of Supervisors of the several counties, at the rate of five dollars for each one hundred names of persons returned by the Assessors as subject to military duty. 1902. Each Brigadier General must, on the first Monday in October of each year, make from the rolls received by him a muster roll, showing the number of persons within the limits of his command subject to military duty, the original of which, signed by him, must be filed in his office, and a copy thereof transmitted at once to the Adjutant General. NOTE.-See Sec. 176, Penal Code Cal. CHAPTER II. THE NATIONAL GUARD. ARTICLE I. GENERAL PROVISIONS RELATING ΤΟ NATIONAL GUARD. II. COMPANIES. III. REGIMENTS AND BATTALIONS. IV. DIVISIONS AND BRIGADES. V. PARADES AND DRILLS. ARTICLE I. GENERAL PROVISIONS RELATING TO THE NATIONAL GUARD. SECTION 1912. National Guard, of what it consists. 1913. Board of Location and Organization. 1914. National Guard to be organized into regiments. 1915. What officers belong to. 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. 1922. System of instruction. 1923. Uniform. 1924. Rank of officer. 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 duty-penalty. 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. 1938. Commander in Chief may disband any portion of National Guard. 1939. Rules and regulations of United States army-how far applicable generally. 1940. No fees allowed to officers for administering oaths. National what it consists. Board of ization. 1912. The organized uniformed troops of the State are known as the National Guard. This force consists of companies of different arms, not to exceed in all forty, as follows: thirty-two companies of infantry, six of cavalry, and two of artillery, and must be located throughout the State with reference to the military wants thereof, means of concentration, and other military requirements. NOTE. This section was amended so as to read as published in the text by Act of April 1, 1872, cited in note to Sec. 18, ante. 1913. The Commander in Chief, Major General, and Organ- 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, or disband companies, and to reorganize at pleasure regiments and battalions. National 1914. All companies of the National Guard must organized as far as practicable be organized into regiments, batregiments. talions, and batteries. into What officers belong to. Governor Commander in Chief. Staff of Commander in Chief. 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. NOTE.-Const., Art. V, Sec. 5. 1917. His staff consists of one Adjutant General, with the rank of Brigadier General; one Chief Engineer, one Paymaster General, one Judge Advocate General, and one Surgeon General, each with the rank of Colonel, and six Aids-de-Camp, with the rank of Lieutenant Colonel; appointed by and holding office at the pleasure of the Commander in Chief. ment and office 1918. The Commander in Chief, by and with the Appointadvice and consent of the Senate, must appoint one term of Major General, and for each brigade of the National Generals. Guard of the State, 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 for the term of four years. 1919. The staff officers must be residents of the RestricState and of their respective brigades. tions in rosidence of staff officers. Effect of line officers commis 1920. Any officer of a regiment, battalion, or company, accepting any staff appointment, except that of accepting Adjutant and Quartermaster, is held to have resigned sions on his commission in such regiment, battalion, or company. staff. officers and 1921. All officers and soldiers of the National Oath of Guard, on becoming members and before performing members. duty, 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. instruction 1922. The systems of instruction prescribed for System of the different arms in the United States army must be followed in the military drills and instruction by the 45-VOL. I. |