Uniform.

Rank of officer.

National Guard and the enrolled militia when called into active service.

+

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.

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.

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.

NOTE. The following general order construing this section was made by the Adjutant General: "An officer shall rank from the date of his election or appointment (date of appointment is the same as date of nomination by authority competent to nominate); this rule to be rigidly enforced, excepting only when an officer is reëlected to the same grade in the same company with which he has been serving, then rank shall be dated from date originally assigned."

reelected

1925. When an officer is reëlected no new com- Officers mission issues, but a certificate of such election must not to be be indorsed upon his original commission.

NOTE.-The following is the ruling of the Adjutant General on this section: "Heretofore the practice of the Adjutant General's office has been to issue new commissions; hereafter the law is to be strictly complied with. Commissions of reelected officers will be promptly forwarded, so that they may be properly indorsed."

1926. Any officer resigning his commission must do so in writing, and transmit the same through his immediate commanding officer, who will make his indorsement thereon, and the resignation takes effect when accepted by the Commander in Chief.

recommissioned.

Resignamade."

tions, how

in elective

offices, how

filled.

1927. Vacancies in elective offices are filled by Vacancies election. When vacancies occur at an election through the promotion of any officer, such vacancies may then and there be filled without further order.

NOTE. The following construction is placed on this section by the Adjutant General: "The ruling of this office has heretofore been, that all company officers are commissioned and hold office for the term of two years, no attention being paid to what are usually designated as 'unexpired terms.'

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 three months, without the permission of the Commander in Chief, is deemed to have resigned.

Absence or when ignation.

removal,

deemed res

charges,

when and

by whom

1929. No officer of the National Guard inferior in Disgrade to a regimental or battalion commander or an officer commanding an unattached company, has power granted. to grant discharges to non-commissioned officers, artificers, musicians, or privates. All discharges must be

Disobedience of

soldierlike

conduct

penalty.

in writing, and must set forth fully the cause of the discharge, and be signed by the officer granting it. NOTE.-See Sec. 176, Penal Code Cal.

1930. Any officer or private on military duty who orders, un disobeys the orders of his superior, uses reproachful or abusive language to his superior, or misbehaves or demeans himself in an unofficer or unsoldierlike manner, must be immediately arrested, if a commissioned officer, and if a non-commissioned officer or soldier, must be disarmed and put under guard, and tried and punished by a Court martial, according to law and military usage.

Interrupting.officer

in dis

charge of his duty, penalty.

NOTE.-See Secs. 176, 653, Penal Code Cal.

1931. If any person interrupts, molests, or insults, or private 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.

Expulsion for

cause bar

1932. No non-commissioned officer, artificer, musidisgraceful cian, or private expelled from his company, or dismissed to reentry. from service for any disgraceful cause, must be permit ted to again enter any company of the National Guard, except the offense is pardoned by the Commander in Chief.

Protection

of parade ground.

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 By-laws. of government and by-laws, regularly adopted and approved by such regiments, battalions, or companies, not inconsistent with the provisions of this Title, may be adopted and enforced in such regiments, battalions, and companies.

NOTE.-See Secs. 652, 653, Penal Code Cal.

1935. All fines and penalties for non-attendance Fines. upon drills, parades, and inspections, legally determined and imposed under the provisions of such rules and bylaws, 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 of regiments, battalions, and companies, and the proceedings under which delinquents are fined, are primary evidence of the facts therein stated.

1936. All officers, musicians, and privates of the National Guard, who comply with all military duties as provided in this Chapter, are entitled to the following privileges and exemptions, viz: exemption from payment of poll tax, road tax, and head tax of every description; exemption from jury duty and from service on any posse comitatus. All officers, non-commissioned officers, musicians, and privates, who have faithfully served in the military service of this State, for the space of seven consecutive years, and receive the certificate of the Adjutant General certifying the same, are thereafter exempted from further military and jury service, except in time of war. And the Adjutant General must issue such certificate of exemption when it appears that the party applying is entitled to the

same.

Exemp

tions from

poll tax, etc

List of persons so exempt to

be given to Assessor.

Com-1 mander in Chief may dis

band any portion of National Guard.

Rules and regulations of United States

army, how far applicable generally.

No fees allowed to

administer

1937. Each commander of a company of the National Guard must make out a list, certified under oath before a Notary Public, on or before the first day of March of each year, of every officer, non-commissioned officer, musician, and private of the company entitled to exemption from tax, which list must be transmitted to the Colonel or commanding officer of the regiment or battalion to which such company belongs, who must transmit the same, together with a list of his field and staff and non-commissioned staff, made out in like manner and certified by him under oath before a Notary Public, to the Brigadier General, which lists, if correct and approved by the Brigadier General, must by him be served upon the County Assessor of the county in which such regiments, battalions, or companies are located; and the County Assessor must thereupon note opposite the names of all persons such exemption.

NOTE.-See Sec. 176, Penal Code Cal.

1938. The Commander in Chief may at any time. disband any portion of the National Guard.

1939. The rules and regulations of the army of the United States, so far as the same may be applicable and not inconsistent with the laws of this State, constitute the rules and regulations for the government of the National Guard.

1940. No officer is entitled to charge or receive officers for any fee or compensation for administering or certifying any oaths administered or certified under the provis ions of this Chapter.

ing oaths.

NOTE.-See Sec. 176, Penal Code Cal.