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ment shall be appointed by the governor, taking into consideration the recommendation of the adjutant general, and, with the exception of the adjutant general and the assistant adjutant general, shall hold their positions until they shall have reached the age of sixty. four years, unless retired prior to that time by reason of resignation, disability, or for cause to be determined by a court-martial legally convened for that purpose; provided, that the officers of the adjutant general's department that are to be assigned to brigades shall be appointed as provided for other staff officers in section one thousand nine hundred fifty-seven of this code. All officers appointed to the grade of major in the adjutant general's department shall have served not less than two years as commissioned officers in the national guard of California.

[Clerical forces.] There shall be employed in the adjutant general's office the following clerical force: one chief clerk; three clerks; and one stenographer and clerk. There shall also be employed in the adjutant general's office one military storekeeper, and one assistant military storekeeper and porter.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 259; amended March 21, 1907, Stats, and Amdts. 1907, p. 284, Kerr's Stats, and Amdts. 1906-7, p. 112; March 22, 1909, Stats. and. Amdts. 1909, p. 623; June 16, 1913, Stats, and Amdts. 1913, p. 1106; May 20, 1915, Stats, and Amdts, 1915, p. 662; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats. and Amdts. 1917, p. 304. In effect immediately.

$ 1928a. INSPECTOR GENERAL'S DEPARTMENT. The inspector general's department shall consist of such officers of the grades and numbers as may be prescribed by the commander-in-chief and the same shall be of the grades and numbers as are authorized and prescribed by the laws and regulations of the war department for the corresponding department of the United States army and as are authorized and prescribed by said laws and regulations of the war department for the national guard. The duties of the officers of the inspector general's department shall be such as prescribed by the commander-in-chief and shall conform to the duties prescribed by orders and regulations of the war department for like officers of the United States army.

History: Enactment approved June 16, 1913, Stats. and Amdts. 1913, p. 1117; amended May 20, 1915, Stats, and Amdts. 1915, p. 666; May 10, 1917 (repealing all acts and parts of acts inconsistent there. with), Stats, and Amdts. 1917, p. 305. In effect immediately.

$ 1928b. JUDGE ADVOCATE GENERAL'S DEPARTMENT. The judge advocate general's department shall consist of such officers of the grades and numbers as may be prescribed by the commander-in-chief and the same shall be of the grades and number[s] as are authorized and prescribed by the laws and regulations of the war department for the corresponding department of the United States army, and as are authorized and prescribed by said laws and regulations of the war department for the national guard. The duties of the officers of the judge advocate general's department shall be as are prescribed by the commander-in-chief, and shall conform to the duties prescribed by the orders and regulations of the war department for like officers of the United States Army.

History: Enactment approved June 16, 1913, Stats, and Amdts. 1913, p. 1117; amended May 20, 1915, Stats, and Amdts. 1915, p. 666; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 305. In effect immediately.

8 1928d. QUARTERMASTER CORPS. The quartermaster corps shall consist of a quartermaster general (who shall be adjutant general), and of such officers, enlisted men and civilian employees as are deemed necessary by the commander-in-chief in organizing said corps under the provisions of section one thousand nine hundred twenty-five of this title, and such officers and enlisted men shall have the same titles as those of corresponding grade in the United States army, and shall be of the same grades and numbers as are authorized or prescribed by the laws and regulations of the United States for the corresponding corps of the United States army, or as authorized or prescribed by the said laws and regulations of the war department for the national guard. The enlistments in the quartermaster corps and the appointments of noncommissioned officers and the employment of civilian employees therein shall be as prescribed by the commander-in-chief. The duties of the officers, the enlisted men and civilian employees of the quartermaster corps shall be such as prescribed by the commander-in-chief and shall conform to the duties prescribed by orders and regulations of the war department for a like corps of the United States army.

History: Enactment approved June 16, 1913, Stats. and Amdts. 1913, p. 1117; amended May 20, 1915, Stats, and Amdts. 1915, p. 667; May 10, 1917 (repealing all acts and parts of acts inconsistent there. with), Stats. and Amdts. 1917, p. 305. In effect immediately.

§ 1929. MEDICAL DEPARTMENT. The medical department of the national guard of California shall consist of a medical corps, dental corps, a hospital corps, the medical department of the naval militia, and of such officers and enlisted men as are deemed necessary by the commander-in-chief in organizing said department under the provisions of section one thousand nine hundred twenty-five of this title, and such officers and enlisted men shall have the same title as those of corresponding grades of the United States army or United States navy, and shall be of the same grades and numbers, as are authorized or prescribed by the laws and regulations of the United States for the medical department of the United States army or navy, or as authorized and prescribed by the said laws or regulations of the war or navy departments for the national guard or naval militia. The duties of the officers and enlisted men of the medical department shall be such as prescribed by the commander-in-chief and shall conform to the duties prescribed by orders or regulations of the war or navy departments for a like department of the United States army or navy. When deemed necessary by the commander-in-chief a medical reserve corps, or female nurse corps, or both, may be provided.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 259; amended March 21, 1907, Stats. and Amdts. 1907, p. 825, Kerr's Stats. and Amdts. 1906-7, p. 113; March 22, 1909, Stats. and Amdts. 1909, p. 625; June 16, 1913, Stats, and Amdts. 1913, p. 1109; May 20, 1915, Stats. and Amdts. 1915, p. 667; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 306. In effect immediately.

8 1930. CORPS OF ENGINEERS. The corps of engineers shall consist of such officers and enlisted men of the grades and numbers as may be prescribed by the commander-in-chief, and the same shall be of the grades and numbers as are authorized and prescribed by the laws and regulations of the war department for the corresponding corps of the United States army, and as are authorized and prescribed by the said laws and regulations of the war department for the national guard. The duties of officers and enlisted men of the corps of engineers shall be such as prescribed by the commander-in-chief and shall conform to the duties prescribed by the orders and regulations of the war department for like officers and enlisted men of the United States army.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 260; amended March 21, 1907, Stats, and Amdts. 1907, p. 825, Kerr's Stats. and Amdts. 1906-7, p. 113; March 22, 1909, Stats. and Amdts. 1909, p. 625; June 16, 1913, Stats. and Amdts. 1913, p. 1110; May 20, 1915, Stats, and Amdts. 1915, p. 667; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amidts. 1917, p. 306. In effect immediately.

$ 1931. SIGNAL CORPS. The signal corps shall consist of such officers and enlisted men of the grades and numbers as may be prescribed by the commanderin-chief, and the same shall be of the grades and numbers as are authorized and prescribed by the laws and regulations of the war department for the corresponding corps of the United States army, and as are authorized and prescribed by said laws and regulations of the war department for the national guard. The duties of the officers and enlisted men of the signal corps shall be as prescribed by the commanderin-chief and shall conform to the duties prescribed by the orders and regulations of the war department for like officers and enlisted men of the United States army.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 260; amended March 22, 1909, Stats. and Amdts. 1909, p. 625; June 16, 1913, Stats, and Amdts. 1913, p. 1110; May 20, 1915, Stats, and Amdts. 1915, p. 668; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 306. In effect imme diately.

$ 1932. COAST ARTILLERY. The coast artillery shall be organized as a corps and shall consist of such number of companies as may be authorized. The number and qualifications of the officers and enlisted men belonging to such coast artillery corps shall conform to the tables of organizations for such corps prescribed by the rules and regulations of the United States army.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 260; amended March 21, 1907, Stats, and Amdts. 1907, p. 825, Kerr's Stats. and Amdts. 1906-7, p. 113; March 22, 1909, Stats. and Amdts. 1909, p. 625; March 9, 1911, Stats. and Amdts. 1911, p. 327 (repealing all acts and parts of acts in conflict); June 16, 1913, Stats. and Amdts. 1913, p. 1110; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 307. In effect immediately.

| 193212 FIELD ARTILLERY. The field artillery shall be organized into batteries, battalions, separate battalions, and regiments, conforming to similar organi. zations of the United States army as to numbers, ranks and grades of commander, officers, staffs, enlisted men and equipment; provided, that the commander of a separate battalion shall have on his staff one veterinarian, who when in active service shall draw the same pay as a veterinarian of the United States army. He shall be appointed as staff officers are appointed.

History: Enactment approved March 9, 1911, Stats. and Amdts. 1911, p. 334 (repealing all acts and parts of acts in conflict); amended June 16, 1913, Stats, and Amdts. 1913, p. 1111; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 307. In effect immediately.

8 1933. CAVALRY. The cavalry shall consist of such number of troops as the commander-in-chief shall designate. The troops of cavalry shall be organized into regiments, or squadrons, at the discretion of the commander-in-chief. Such num. ber of officers and enlisted men of the ranks and grades that obtain in the United States army for similar organizations, shall constitute the organizations of the cavalry of the national guard; provided, however, that for a separate squadron of cavalry the commander-in-chief shall appoint one veterinarian who shall be on the staff of the squadron commander, and who, when in active service, shall receive the same pay as a veterinarian in the United States army.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 260; amended March 21, 1907, Stats, and Amdts. 1907, p. 826, Kerr's Stats. and Amdts. 1906-7, p. 113; March 22, 1909, Stats. and Amdts. 1909, p. 625; March 9, 1911, Stats. and Amdts. 1911, p. 327 (repealing all acts and parts of acts in conflict); June 16, 1913, Stats. and Amdts. 1913, p. 1111; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats. and Amdts. 1917, p. 307. In effect immediately.

$ 1934. INFANTRY. The organization of infantry of the national guard shall conform in numbers and grades of commander, staffs, officers and enlisted men, to similar organizations of the United States army. The infantry shall be organized into brigades, regiments, battalions, separate battalions, companies, separate companies, and detachments, conforming as to officers, staff, personnel and equipment to like organizations of the United States army. The minimum strength of an infantry company of the national guard in time of peace shall be such officers and enlisted men of such numbers and grades as are deemed necessary by the commander-in-chief, and in conformance with the laws and regulations of the United States for similar companies of the United States army, or to the said laws and regulations of the war department for the national guard. No person shall be commissioned as a general officer in the national guard of this state unless he shall have attained to the grade of field officer and shall have had four years' previous experience either as a commissioned officer in command, or in service with, troops of the line of this state or of another state, or territory, or District of Columbia, or of the United States army or marine corps, or in any or all of said services combined.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 260; amended March 22, 1909, Stats. and Amdts. 1909, p. 626; June 16, 1913, Stats, and Amdts. 1913, p. 1111; May 20, 1915, Stats, and Amdts. 1915, p. 668; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 307. In effect immediately.

ARTICLE II.

COMMISSIONED OFFICERS.

$ 1951. Commissions.
$ 1953. Qualifications for commissioned officers.
$ 1954. Physical examination for commission.
§ 1955. Boards of examination.
$ 1956. Officers now serving.
$ 1957. Vacancies.
$ 1958. Officers of the line.
$ 1959. Appeal from an election (repealed).
8 1960. Oath of office.

§ 1951. COMMISSIONS. All officers shall be commissioned by the commander-in-chief, but he may refuse to issue a commission to any person if the person be in any way unqualified or unworthy to be an officer in the national guard; but no one shall be commissioned unless the conditions set forth in sections one thousand nine hundred fifty-three and one thousand nine hundred fifty-four of this chapter, have been complied with, and no one shall be recognized as an officer unless he shall bave been duly commissioned, and shall have taken the oath of office, and filed the bond in the manner and, as required in this title.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 261; amended March 22, 1909, Stats, and Amdts, 1909, p. 628; May 20, 1915, Stats, and Amdts. 1915, p. 669; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 308. In effect immediately.

8 1953. QUALIFICATIONS FOR COMMISSIONED OFFICERS. Commissioned officers must be citizens of the United States, of the age of twenty-one years and upward. No person who has been in the military or naval service of the United States, of this state, or of any other state in the United States, and who has not been honorably discharged therefrom, shall be commissioned in the national guard of California. No person shall be commissioned unless he shall possess the additional requirements herein prescribed for the particular office to which he is to be commissioned and in addition thereto must successfully pass such examination as may be required by the war department. All medical officers shall be regularly graduated, licensed, and practicing physicians or surgeons, licensed to practice their profession in California, or shall have been surgeons in the United States army or navy. All judge advocates of the national guard of California shall be members of the bar of the supreme court of the State of California. All engineer officers, except engineer officers of the naval militia of California, must be qualified to design, as well as to direct, engineering works. All chaplains shall be regularly ordained priests or ministers of the gospel of some denomination.

History: Enactment approved March 18. 1905, Stats. and Amdts. 1905, p. 262; amended March 21, 1907, Stats, and Amdts. 1907, p. 826, Kerr's Stats, and Amdts. 1906-7, p. 114; March 22, 1909, Stats. and Amdts. 1909, p. 628; June 16, 1913, Stats, and Amdts. 1913, p. 1112; May 10, 1917 (repealing all acts and parts of acts inconsistent there. with), Stats. and Amdts. 1917, p. 308. in effect immediately.

$ 1954. PHYSICAL EXAMINATION FOR COMMISSION. Before receiving a commission, or before being commissioned to a higher grade as a result of promotion, every officer of the national guard must have passed a satisfactory physical examination before a medical officer of the national guard, and a satisfactory examination before a board of commissioned officers as to his knowledge of military affairs and general knowledge and fitness for the service, and any one failing to pass such examination shall not be eligible for an office in the national guard or for promotion for a period of one year after date of such failure; provided, that officers on the staff of the commander-in-chief are exempt from examination.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 262; amended March 21, 1907, Stats. and Amdts. 1907, p. 826, Kerr's Stats. and Amdts. 1906-7, p. 114; March 22, 1909, Stats. and Amdts. 1909, p. 629; May 20, 1915, Stats. and Amdts. 1915, p. 669; May 10, 1917 (repealing all acts and parts of acts inconsistent there. with), Stats, and Amdts. 1917, p. 308. In effect immediately.

§ 1955. BOARDS OF EXAMINATION. Boards of examination under the preceding section shall consist of three officers. Such boards shall have the same power to take evidence, administer oath, and compel witnesses to attend and testify, produce books and papers, and punish their failure to do so, as is possessed by a general court-martial.

History: Enactment approved March 18, 1905, Stats, and Amdts. 1905, p. 262; amended March 21, 1907, Stats. and Amdts. 1907, p. 827, Kerr's Stats, and Amdts. 1906-7, p. 115; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats. and Amdts. 1917, p. 309. in effect immediately.

8 1956. OFFICERS NOW SERVING. All officers now serving in the active national guard of this state, or who may hereafter be commissioned therein, shall hold their positions until they shall have reached the age of sixty-four years, unless retired prior to that time by reason of resignation, disability, or for cause to be determined by a court-martial legally convened for that purpose; provided, that all officers commissioned in the national guard of this state shall have had military experience prior to such commission, excepting officers of the judge advocate general's department, medical department and officers of engineers, who shall not be required to have had such prior service.

History: Original enactment, relating to elective officers, approved March 18, 1905, Stats. and Amdts. 1905, p. 263; amended March 22, 1909, Stats. and Amdts. 1909, p. 630; April 5, 1911, Stats, and Amdts. 1911, p. 606; present section approved May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats. and Amdts, 1917, p. 309. In effect immediately.

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