§ 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 organizations 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.

§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 number 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].

§ 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 have 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.

§ 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 therewith), 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 therewith), 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.

§ 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.

§1957. VACANCIES. When a vacancy occurs among the general officers of the line of the national guard, the governor shall propose to the war department, upon the recommendation of the adjutant general, the name of an officer to fill the vacancy. The officer so recommended will be required to take such examination as may be prescribed by the war department. When notified by the war department that the officer has successfully passed such examination, the governor shall commission him. The officers on the staff of a brigade, regiment, unit of coast artillery corresponding to a regiment of infantry, battalion or squadron, shall be recommended to the adjutant general by the brigade, regimental, battalion or squadron commander, or commanding officer of unit of coast artillery corresponding to a regiment of infantry, who may recommend not to exceed three candidates to the adjutant general, who will cause such candidates to be examined. In making these recommendations seniority of candidates will be taken into consideration. In the case of officers of separate organizations, the adjutant general will select not to exceed three candidates, whom the adjutant general will cause to be examined. The candidate receiving the highest rating in such examination will be recommended by the adjutant general to the governor for commission, subject to such examination as may be prescribed by the war department. All officers shall be commissioned in the arm of the service in which they are appointed and shall be assigned to duty by the adjutant general upon recommendation of the commanding officer of the regiment, unit of coast artillery corresponding to a regiment of infantry, separate battalion or squadron.

History: Original enactment, relating to appointive officers, approved March 18, 1905, Stats. and Amdts. 1905, p. 263; amended March 22, 1909, Stats. and Amdts. 1909, p. 630; June 16, 1913, Stats. and Amdts. 1913, p. 1112; May 20, 1915, Stats. and Amdts. 1915, p. 669; present section approved May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats. and Amdts. 1917, p. 309. In effect immediately.

§ 1958. OFFICERS OF THE LINE. Officers of the line shall be appointed as provided for the appointment of staff officers in section one thousand nine hundred fifty-seven hereof, and in accordance with the terms of the National Defense Act of June 3, 1916, and the various amendments thereto. All line officers 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.

History: Original section, relating to election of officers, approved March 18, 1905, Stats. and Amdts. 1905, p. 263; amended March 21, 1907, Stats. and Amdts. 1907, p. 827, Kerr's Stats. and Amdts. 1906-7, p. 115; 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. 310. In effect immediately.

§1959. APPEAL FROM AN ELECTION [repealed].

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 264; repealed May 10, 1917, Stats. and Amdts. 1917, p. 302. In effect immediately.

§ 1960. OATH OF OFFICE. Every officer duly commissioned shall take his oath of office in the manner and within the time prescribed by the National Defense Act of June 3, 1916, the various amendments thereto and the regulations prescribed by the war department.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 264; amended May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats. and Amdts. 1917, p. 310. In effect immediately.

§ 1980.

ARTICLE III.

ENLISTED MEN.

§ 1980. Eligibility to membership.

§ 1982. Oath of officers.

ELIGIBILITY TO MEMBERSHIP.

Any male who is a citizen of the United States or who has legally declared his intention of becoming a citizen, of more than eighteen and less than thirty-five years of age, able-bodied, free from disease, of good character and temperate habits, may be enlisted in the national guard of this state under the provisions of the National Defense Act of June 3, 1916, and the various amendments thereto, for six years. The first three years of which shall be in an active organization and the remaining three years shall be in the national guard reserve; and such enlisted man shall have the privilege of continuing in active service during the whole of the enlistment period or of re-enlisting.

[Enlistment contract.] The qualifications for enlistment shall be the same as those prescribed for admission to the regular army, and all men enlisting in the national guard must sign an enlistment contract, and take and subscribe to the oath set forth in section seventy of the National Defense Act of June 3, 1916.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 267; amended March 9, 1911, Stats. and Amdts. 1911, p. 327; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats. and Amdts. 1917, p. 310. In effect immediately.

§ 1982. OATH OF OFFICERS. All officers of the national guard on becoming members, and before performing duty, must take and subscribe to the oath contained in section seventy-three of the National Defense Act of June 3, 1916, and amendments thereto.

History: Original enactment, relating to oath of officers and enlisted men, approved March 18, 1905, Stats. and Amdts. 1905, p. 268; present section approved May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats. and Amdts. 1917, p. 310. In effect immediately.

§ 2006.

ARTICLE IV.

SERVICE OF NATIONAL GUARD.

§ 2006. Penalty for absence from drills.

PENALTY FOR ABSENCE FROM DRILLS. All officers or members of the national guard who absent themselves from three consecutive assemblages, without an excuse acceptable to their immediate respective commanding officers, are debarred from the privileges and exemptions provided for members of the national guard;

[Court-martial.] and all noncommissioned officers or privates upon being reported as having been so absent shall forthwith be court-martialed by order of the regimental, or unattached battalion or squadron commander in their respective commands, and in all other organizations not attached to regiments, battalions, or squadrons, but attached to brigades, by order of the brigade commander, and in all unattached organizations, by order of the governor, and, upon conviction by court-martial, the delinquent shall be punished in such manner as the court-martial convicting him may prescribe. The proceedings of such court-martial shall be subject to approval and review as in other cases. Neglect or refusal to pay any fine imposed by a court-martial within