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$ 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 departmert. 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.

8 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.

ARTICLE III.
ENLISTED MEN.

§ 1980. Eligibility to membership.
$ 1982. Oath of officers.

1980. 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.

ARTICLE IV.

SERVICE OF NATIONAL GUARD.

$ 2006. Penalty for absence from drills.

8 2006. 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 thirty days after such fine was imposed is hereby declared to be sufficient cause for the dishonorable discharge of such delinquent from the national guard.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 270; amended May 20, 1915, Stats. and Amdts. 1915, p. 673; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 311. In effect immediately.

ARTICLE V.
MILITARY COURTS.

$ 2018. Military courts.
$ 2019. Who may appoint courts-martial.
8 2020. Powers (of courts-martial].
$ 2021. Revision and approval of sentence.
8 2022, Service of charges.
$ 2023. Subpænas, attachments, commissions,
8 2024. Form of mandates: execution by public officers.
$ 2026. Fines (and penalties), how collected.
8 2027. Fines and penalties for non-attendance of parades, etc. [repealed).

8 2018. MILITARY COURTS. The military courts of this state shall be: (1) general courts-martial; (2) special courts-martial; (3) summary courts-martial; (4) courts of inquiry. The constitution and jurisdiction of general courts-martial, special courts-martial, summary courts-martial, and courts of inquiry, the form and manner in which the proceedings are conducted and recorded, the forms of oaths and affirmations taken in the administration of military law by such courts, the limits of punishment and the proceedings in the revision thereof, shall be governed by the terms of the articles of war, the National Defense Act of June 3, 1916, and the amendments thereto, the laws and regulations governing the army of the United States, and the law and procedure of similar courts of the United States army, except as otherwise provided in this title.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 272; amended May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 311. In effect immediately.

8 2019. WHO MAY APPOINT COURTS-MARTIAL. The following officers may appoint courts-martial: (1) The President of the United States or the governor of the State of California may appoint general courts-martial. (2) The commanding oficer of each garrison, fort, post, camp, or other place, brigade, regiment, detached battalion, or other detached command, may appoint special courts-martial for his command, but such special courts-martial may in any case be appointed by superior authority when by the latter deemed desirable. (3) The commanding officer of each garrison, fort, post, or other place, regiment or corps, detached battalion, company, or other detachment of the national guard, may appoint for such place or command a summary court to consist of one officer who shall have power to administer oaths and to try the enlisted men of such place or command, for breaches of discipline, and violations of law governing such organizations.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 272; amended May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats. and Amdts. 1917, p. 311. In effect immediately.

$ 2020. POWERS [OF COURTS-MARTIAL]. 1. General courts-martial shall have the power to impose fines not exceeding two hundred dollars; to sentence to forfeiture of pay and allowances; to a reprimand; to dismissal or dishonorable discharge from the service; to reduction of noncommissioned officers to the ranks; or any two or more of such punishments may be combined in the sentences imposed by such courts.

2. [Special courts-martial.] Special courts-martial shall have the power to try any person subject to military law, except a commissioned officer, for any crime or offense made punishable by the military laws of the United States, and such special courtsmartial and [shall] have the same powers of punishment as the general courts-martial, except that fines imposed by such special courts-martial shall not exceed one hundred dollars.

3. [Summary courts-martial.] Summary courts-martial shall have the power to impose on enlisted men fines not exceeding twenty-five dollars for any single offense, and may sentence to forfeiture of pay and allowances. The proceedings of such court shall be informal, and the minutes thereof shall be the same as prescribed for summary courts of the United States army.

[Other powers.] All courts-martial including summary courts, shall also have such powers as are conferred on them by the articles of war, and shall have cognizance of and jurisdiction over all violations of said articles; they shall also have power to sentence to confinement in lieu of fines authorized to be imposed by such courts, but such sentences of confinement shall not exceed one day for each dollar of fine authorized.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 273; amended March 22, 1909, Stats. and Amdts. 1909, p. 633; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 312. In effect immediately.

§ 2021. REVISION AND APPROVAL OF SENTENCE. The officer appointing a court-martial must review the proceedings and approve or disapprove the sentence of such court-martial, and must direct the execution of such sentence, or mitigate the punishment, or may remit the sentence of the person convicted; but no sentence of dismissal from the service or dishonorable discharge shall be executed until approved by the governor of this state;

[Appeal to governor.) provided, that an officer or enlisted man so sentenced may within fifteen days after oficial publication of the action of the reviewing officer, appeal to the governor of this state to review the proceedings and to disapprove them or pardon the offense, in which case the officer approving the sentence will forward the proceedings in the case to the governor of this state, and the execution of the sentence must be suspended until the proceedings are returned with the decision thereon.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 273; amended March 21, 1907, Stats. and Amdts. 1907, p. 830, Kerr's Stats, and Amdts. 1906-7, p. 118; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 312. in effect immediately.

8 2022. SERVICE OF CHARGES. When an officer or enlisted man is put in arrest for the purposes of trial, a copy of the charges and specifications upon which he is to be tried shall be delivered to him or left at his last known place of abode or business, within such time as is prescribed by the laws and regulations gov. erning procedure in the United States army in similar circumstances, and a court shall be ordered for his trial within the time similarly prescribed by the rules and regulations of the United States army. If a copy of the charges and specifications be not served, or a court not ordered within the time herein limited, the arrest shall cease, but such charges and specifications may be served, a court ordered, and the officer or enlisted man be brought to trial after such release from arrest within the time prescribed by the rules and regulations of the United States army in similar circumstances. The appearance of the accused, without objection and pleading to the

charges, shall be deemed a waiver of any defect or irregularity of such service of any of the papers mentioned in this section.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 273; amended May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 313. In effect immediately.

$ 2023. SUBPENAS, ATTACHMENTS, COMMISSIONS. Each military court shall have the same power to compel by subpena, by subpæna duces tecum, and by attachment, the attendance of witnesses, both civilian and military, and the production of books, papers, and documents, and to punish for contempt a witness duly subpænaed for nonattendance, or refusal to be sworn or testify, or to produce books, papers and documents, as is possessed by any superior court of this state. Military courts shall also have power to take by commission the testimony of witnesses who can not reasonably be produced at the trial to the same extent as the superior court aforesaid. Commissions and subpænas may be issued by the president or the judge advocate, if there be one, of the court, both before and after being sworn, for witnesses whose attendance or testimony before such court may be necessary in behalf of the prosecution, and upon application in behalf of any person to be tried by such court, either the president or the judge advocate may direct the commanding officer of any organization to cause such subpæna to be served on any member of his command. A witness not appearing in obedience to a subpæna when served personally with a copy of the same, and not having sufficient excuse, shall forfeit to the people of the state the sum of twenty-five dollars. The president of each court shall, from time to time, report to the judge advocate general, the names of all such delinquent, witnesses, together with the names and places of residence of the persons serving such subpæna, and a judge advocate may sue for and recover such penalties in the name of the people.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 274; amended May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 313. In effect immediately.

§ 2024. FORM OF MANDATES: EXECUTION BY PUBLIC OFFICERS. Military courts are empowered to issue all process and mandates, including writs and warrants, necessary and proper to carry into full effect the powers vested in such courts, such process and mandates will be directed to the provost marshal, the sheriff of any county, and the constables and marshals of any town or city. It shall be the duty of all officers to whom such process or mandates may be so directed to execute the same and make return of their acts thereunder according to the requirements of the same. The keepers and wardens of all city, county and city and county jails shall receive the bodies of persons committed by the process or mandate of a military court and confine them in the manner prescribed by law. Except as otherwise specially provided in this chapter, no fees or charges of any nature shall be demanded or required to be paid by the state, or any military court or member thereof, or by the person executing its mandate or process, or to any public officer for receiving, executing, or returning any such process or mandate, or for any service in connection therewith, or for receiving or confining the person in jail or custody thereunder.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 274; amended May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 314. in effect immediately.

$ 2026. FINES [AND PENALTIES], HOW COLLECTED. For the purpose of collecting fines or penalties, imposed by a court-martial, the president of any such general or special court-martial and the summary court officer of any such sum

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