Comman der in Chief 2047. The Commander in Chief has authority, if he may assign deem it expedient, to direct that a portion of the vol volunteers to com panies or battalions already in active service. Organization and command of troops from different brigades. When draft may be ordered. Who to superin unteers so presenting themselves be assigned to companies or battalions already in active service whose numbers are less than the full complement. 2048. Where troops are called into active service from different brigades, and the number so called are not more than sufficient to constitute one complete brigade, the Commander in Chief must so organize them, and must designate the particular Brigadier General to command it. 2049. If the number of volunteers presenting themselves at the place of rendezvous is insufficient to satisfy the call of the Commander in Chief, the Brigadier General of the brigade in which such call is made must promptly proceed to draft from the enrolled militia of his brigade a sufficient number of men to satisfy the call, and this draft must be made. by putting the names of all the enrolled militia of the county or counties from which the order directs the forces to be raised into a box, and drawing therefrom a sufficient number of names to satisfy the call. 2050. The Major General must be present, and tend draft. superintend the drafting of the enrolled militia under any call by the Commander in Chief; but his presence is not necessary to give validity to the proceedings. In case of the absence or inability of the Brigadier General, the officer next in rank of the brigade, or, in default of any officer of that brigade for duty, the Major General, or, in his default, the Commander in Chief, must designate some other officer to perform that duty. Persons drafted to 2051. The persons drafted must be summoned by rendezvous some officer appointed for that purpose by the Brigadier General in the manner prescribed by law for the summoning of witnesses in civil cases, the time and place of rendezvous, as ordered by the Brigadier General, being stated in the summons. officers. 2052. As soon as a sufficient number of drafted Election of men have appeared at the rendezvous to form a company or companies, they must proceed to the election of their company officers. 2053. Any member of the National Guard who neglects or refuses to rendezvous when ordered out by the Commander in Chief, is guilty of disobedience of orders, and may be tried and punished by a court martial; and any member of the enrolled militia who refuses or neglects to rendezvous when drafted, is subject to a penalty of not less than fifty nor more than three hundred dollars, to be recovered by an action. brought by the District Attorney, in the name of the people of the State, upon the certificate of the officer appointed to make the draft, before any Court of competent jurisdiction in the county from which such person was drafted, and the fine recovered must be paid into the State Treasury to the credit of the General Fund. how 2054. Any company of the enrolled militia drafted Companies, and organized, may, by direction of the Commander attached. in Chief, be enrolled and mustered into any battalion of the National Guard having less than eight companies. men may in existing 2055. Drafted men of the enrolled militia not Drafted organized into companies, may, at the discretion of be enrolled the Commander in Chief, be enrolled and mustered companies. into any existing company of the National Guard or enrolled militia not having the full number authorized by law and which has already been called into active service. Substitutes. Same. Same. Rules governing conduct of 2056. Any person called or drafted into service may furnish as a substitute any person fit for military duty who has not been called or drafted into service. 2057. When any person drafted for service offers, at or after the time of rendezvous, a suitable substitute, and such substitute consents in writing to subject himself to all the duties, fines, forfeitures, and punishments to which his principal would have been subject had he personally served, he must be accepted by the officer making such draft. 2058. The person whose substitute is so accepted is not subject to draft during the term of service of the substitute. 2059. The conduct of troops when called out to suppress an insurrection or rebellion, to disperse a mob or enforce the laws, is provided for in Section 731 of to suppress THE PENAL CODE. troops when called out insurrection, etc. Duration of commis sions of offi cers called 2060. The commission of any officer called into active service continues until he is discharged by the into actual order of the Commander in Chief. service. Vacancies occurring service, 2061. All vacancies of officers and non-commisin actual sioned officers in active service must be filled by how filled. appointment or promotion; the first by the Commander in Chief, and the second by the commanding officer of the battalion or of the company, in case such company forms no part of any battalion. Same. 2062. In filling vacancies of commissioned officers the Commander in Chief must, as a general rule, promote by seniority, or appoint on the recommendation of their superior officers those in active service, and in any case of departure from this rule the Commander in Chief must report his reasons for such departure to the Senate. 2063. The commanding officer of troops in active service may nominate to any vacancy for personal bravery or service in siege or battle, and if the Governor commission some other person than the one so nominated, he must report his reasons to the Senate; and if the Senate in either of the foregoing cases disapprove of the reasons given, the commission so given is vacated, and the Governor must immediately proceed, with the advice and consent of the Senate, to fill such vacancy. 2064. The rules and regulations established by Congress for the government of the army of the United States are applicable to and govern the militia of this State when in active service. Pay of officers and when in service. 2065. Officers and privates while on active duty in the service of the State receive the same pay as the privates officers and privates of the United States army of act similar grade serving on the Pacific Coast; the same to be audited by the Board of Military Auditors, upon the payroll properly made up and signed by such officer. Pay of officers detailed on duty. 2066. When an officer is detailed for special duty in any matter relating to the National Guard, or care when of State military property, by order of the Com-ecial mander in Chief, he must be allowed pay proper, and such reasonable traveling expenses as the Board of Military Auditors may allow, upon sworn vouchers showing actual expenditures. CHAPTER IV. COURTS MARTIAL AND OF INQUIRY. SECTION 2076. Who may appoint Courts martial. 2077. Organization and rules. 48-VOL. I. Who may appoint courts martial. Organiza tion and rules. Powers. SECTION 2078. Powers. 2079. Revision and approval of sentence. 2080. Fines, how collected. 2081. No action in certain cases against members of Courts martial. 2082. Who may order Courts of inquiry. 2083. Rules governing. 2084. Sheriff's and Constables must serve subpœnas, etc. 2076. The following officers may appoint courts martial: 1. The Commander in Chief, for the trial of general officers and all officers of the staff of the Commander in Chief; 2. The Major General, for the trial of all staff officers of the division and brigades, and for the field and staff officers of battalions and regiments; 3. Brigadier Generals, for the trial of all Captains and commissioned officers under their rank in their respective brigades; 4. Commanding officers of regiments and battalions, for the trial of officers and privates of their respective commands; 5. Commanding officers of batteries or of unattached companies, for the trial of officers and privates of their respective commands. 2077. Courts martial appointed under the provis ions of this Chapter are organized in like manner and subject to the rules and regulations governing courts martial in the United States army. They have the same power to compel the attendance of witnesses when summoned by the Judge Advocate, to preserve order in and about the Court room during the sessions, and to punish contempt, as the Judges of the District Courts have under the laws of this State. 2078. Courts martial have power on conviction to punish by depriving officers of rank by expulsion or dismissal, or by such other and usual military fines and |