Art. 1 The Militia of the State. § 20 cause the work to be done under a contract entered into by it for that purpose. When repairs are to be made, the expenditures for which will exceed five hundred dollars, the commission shall advertise for proposals, bids shall be received, and contracts regularly entered into. During, and upon the completion of the work, the expenditure for which will exceed five hundred dollars, it shall be inspected from time to time by an inspector selected by the commission, and payment shall not be made until it appears by the certificate of such inspector that such work has been properly performed and according to the contract, if one has been made. Payment for repairs, the expenditure for which does not exceed five hundred dollars, shall only be made upon a like certificate of the officer in charge of the building or grounds where the same were made. All bills for work done on any of the arsenals, armories, quarters, camp-grounds or rifle-ranges of the state exceeding ten dollars must be verified by affidavit setting forth that the work has been properly performed and that the amount charged is reasonable and just. Copies of all contracts and agreements made for the repair, or alteration of arsenals, armories, quarters, campgrounds or rifle-ranges of the state shall immediately be filed in the office of the adjutant-general of the state. Whenever any real property, except in the city of New York, is taken for the purpose of erecting a state armory thereon, the buildings on such property or the old materials in the same, may be sold at public or private sale, for the best price that can be obtained, and if the property is taken by the state the net sum realized therefrom shall be paid into the state treasury, and if taken by a county, to the county treasurer of such county, or it may be used for the improvement of the property taken by the authorities authorized to erect such armory. When real property shall be required for the purpose of a state camping ground, or for rifle practice, or other military or naval purposes in connection with any state armory or arsenal, which is deemed necessary by the armory commission, and such armory commission is unable to agree with the owners for the purchase thereof, title thereto shall be acquired by the attorney-general in the name of the people of the state by condemnation, on the written application of the armory commission. The cost of all real §§ 21, 22 The National Guard of the State. Arts. 1, 2 property so taken, and damages and expenses incurred, by and awarded in any proceedings for the condemnation of any such property, shall be paid by the state. The words "armory commission" when used in this chapter shall be construed to refer to the commissions, provided for by this section. Formerly L. 1908, ch. 231, § 20. Written from L. 1898, ch. 212, § 17. § 21. Legal adviser of the commander-in-chief. The attorney-general of the state shall be the legal adviser of the governor, of the adjutant-general of the state, and of the armory commission. Formerly L. 1908, ch. 231, § 21. Written from L. 1898, ch. 212, § 18. § 22. Audit and payment of accounts. No officer of the militia shall incur any expense whatsoever to be paid by the state, except such as are authorized in this chapter, without first obtaining the authority of the governor; in extreme emergencies, however, the commanding officer of any organization or detachment of the active militia may make purchases of such necessities as are absolutely required for the immediate use and care of his command; a report of such action, containing a statement of the articles purchased and the price thereof, must be made forthwith through the channel to the adjutant-general of the state. The comptroller of the state shall be the auditor of all accounts for property purchased by the adjutant-general of the state and copies of the orders or contracts under which such purchases are made, shall be filed in his office. All other military or naval accounts payable by the state shall be audited by the adjutant-general of the state. Military and naval accounts thus audited, shall be paid by the treasurer of the state from the proper appropriation made by the legislature, upon the warrant of the comptroller. Formerly L. 1908, ch. 231, § 22. Written from L. 1898, ch. 212, § 19, as am'd by L. 1901, ch. 314, § 1. ARTICLE 2 The National Guard of the State Section 30. Composition and strength. 31. Division and brigades. 22. Staff departments. 33. Corps of engineers. 34. Signal corps. § 30. Composition and strength. The national guard of the state shall consist of a major-general, brigadier-generals, an adjutant-general's department, an inspector-general's department, a judge advocate-general's department, an ordnance department, a quartermaster's department, a subsistence department, a pay department, a corps of engineers, a coast artillery corps, a medical department, a signal corps, the commissioned officers heretofore or hereafter retired or rendered supernumerary, the organizations forming the national guard at this date, such others as may be organized hereafter and such persons as are enlisted and commissioned therein. The governor shall have power to alter, divide, annex, consolidate, disband or reorganize any organization or corps and create new organizations or corps when required by the provisions of this chapter or whenever in his judgment the efficiency of the state forces will be thereby increased, and he shall have power to change the organization of any organization or corps so as to conform to any organization, system or drill or instruction now or hereafter adopted by the army of the United States or prescribed by the laws of the United States for the government of the militia, and for that purpose the number of officers and non-commissioned officers of any grade in any organization or corps may be increased or diminished and the grades of such officers and non-commissioned officers may be altered to the extent necessary to secure such conformity. The governor shall have power to fix and from time to time to alter the maximum number of enlisted men which shall form part of any organization irrespective of but not exceeding the maximum prescribed therefor in this chapter. The aggregate forces of the national guard in time of peace, fully armed, uniformed and equipped, shall be not less than ten and not over eighteen thousand enlisted men, but the governor shall have power in case of war, insurrection, invasion or imminent danger thereof to increase the forces beyond the said eighteen thousand and organize the same as the exigencies of the service may require. Formerly L. 1908, ch. 231, § 30. Written from L. 1898, ch. 212, § 21, as am'd by L. 1906, ch. 17, § 1, and finally am'd to constitute § 26 by L. 1908, ch. 1, § 1. §§ 31, 32 The National Guard of the State. Art. 2 § 31. Division and brigades. The brigades and other military units of the national guard shall constitute a division which shall be commanded by a major-general. The staff of the division shall consist of officers detailed from the various staff corps and departments as follows: one adjutant-general, lieutenant-colonel, adjutant-general's department, one inspector-general, lieutenant-colonel, inspector-general's department, one judge-advocate, lieutenant-colonel, judge-advocate-general's department, one quartermaster, lieutenant-colonel, quartermaster's department, one commissary, lieutenant-colonel, subsistence department, one ordnance officer, lieutenant-colonel, ordnance department, one signal officer, lieutenant-colonel, signal corps, three aides, captains or lieutenants, from the national guard. A brigade shall consist of two or more regiments of infantry, but separate battalions and separate companies may be assigned thereto. There shall be such number of brigades composed of such infantry organizations as the governor may direct. A brigade shall be commanded by a brigadier-general. The staff of a brigade shall consist of officers detailed from the various staff corps and departments, as follows: one adjutant-general, major, adjutant-general's department, one surgeon, major, medical department, two aides, lieutenants, from the national guard. In addition to the officers above specified the governor upon the recommendation of the major-general may detail from the national guard for duty on the staff of the division or on the staff of a brigade such other officers as may be considered necessary. Formerly L. 1908, ch. 231, § 31. Written from L. 1898, ch. 212, § 27, as inserted by L. 1908, ch. 1, § 1. § 32. Staff departments. There shall be the following departments consisting of officers of number and rank hereinafter Art. 2 The National Guard of the State. § 32 specified necessary for the staffs of the division, the brigades and for duty with the several organizations of the national guard, as follows: An adjutant-general's department, consisting of two adjutants-general, lieutenant-colonels and four adjutants-general, majors; an inspector-general's department, consisting of three inspectors-general, lieutenant-colonels and four inspectors-general, majors; a judge-advocate-general's department, consisting of one judge-advocate, lieutenant-colonel, and four judge-advocates, *najors; a quartermaster's department, consisting of one quartermaster, lieutenant-colonel, and four quartermasters, majors; a subsistence department, consisting of one commissary, lieutenantcolonel, and four commissaries, majors; a paymaster's department, the duties of which shall be performed by the adjutantgeneral of the state and his assistants ex officio; an ordnance department, consisting of one lieutenant-colonel, five majors, fourteen captains, seventeen first lieutenants; a medical department to consist of one surgeon of the grade of lieutenant-colonel, twentytwo surgeons of the grade of major, fifty-five assistant surgeons of the grade of captain, sixty-six assistant surgeons of the grade of first lieutenant, and the hospital corps, field hospitals and ambulance companies. Upon the recommendation of the major-general the governor may appoint and commission such additional officers not above the rank herein prescribed as may be necessary to properly perform the duties of the departments hereby created. There shall also be appointed fifty-three post quartermaster sergeants, eight post commissary sergeants and twenty post ordnance sergeants who shall belong respectively to the quartermaster's department, the subsistence department and the ordnance department. The hospital corps shall consist of sergeants first class, sergeants, corporals, privates first class, and privates. There shall be enlisted in or assigned to the detachments of hospital corps with each regiment and each twelve companies of engineers and coast artillery one sergeant first class, four sergeants, five corporals, twenty privates first class and privates; with each separate battalion and squadron one sergeant first class, two sergeants, six privates first class and privates; with each separate troop and company of signal corps one corporal, three privates first class and privates; with each separate *So in original. |