places of the county or counties from which the call is made. SEC. 2014. Such officer must attend in person, or by Same. deputing an officer of the organized militia in his place, at the place of rendezuous, and take the names of all volunteers for service under such call. SEC. 2015. If the number of such volunteers is sufficient to form one or more companies or battalions, he must immediately call and superintend the election of the officers of such companies or battalions. Proclama tion for SEC. 2046. A proclamation of the call of such election, made by the officer calling it, at the place of rendezvous, election. is a sufficient notice. SEC. 2047. The Commander in Chief has authority, if he deem it expedient, to direct that a portion of the volunteers so presenting themselves be assigned to companies or battalions already in active service, whose numbers are less than the full complement. Com mander in Chief may assign volunteers to or companies battalions already in active service. Organizacommand from tion and of troops SEC. 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 brigades. designate particular Brigadier General to command it. different may be SEC. 2049. If the number of volunteers presenting When draft themselves at the place of rendezvous is insufficient to ordered. 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. SEC. 2050. The Major General must be present and superintend the drafting of the enrolled militia under any Who to superin tend draft. Persons drafted to rendezvous. Election of officers. Refusing to rendez vous, penalty for. 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. SEC. 2051. The persons drafted must be summoned by 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. SEC. 2052. As soon as a sufficient number of drafted men have appeared at the rendezvous to form a company or companies they must proceed to the election of their company officers. SEC. 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 five 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. Companies, SEC. 2054. Any company of the enrolled militia how attached. drafted and organized, may, by direction of the Commander in Chief, be enrolled and mustered into any battalion of the National Guard having less than eight companies. SEC. 2055. Drafted men of the enrolled militia not men may be enrolled in e isting organized into companies, may, at the discretion of the Drafted Commander in Chief, be enrolled and mustered into any existing company of the National Guard or enrolled companies. militia not having the full number authorized by law and which has already been called into active service. SEC. 2056. Any person called or drafted into service Substitutes. may furnish as a substitute any person fit for military duty who has not been called or drafted into service. SEC. 2057. When any person drafted for service offers, Same. 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. SEC. 2058. The person whose substitute is so accepted Same. is not subject to draft during the term of service of the substitute. Rules conduct of governing troops when SEC. 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 seven hun- out to dred and thirty-one of the Penal Code. SEC. 2060. The commission of any officer called into active service continues until he is discharged by the order of the Commander in Chief. suppress insurrection, etc. Duration of ions of commis officers called into actual service. occurring in actual how filled. service, SEC. 2061. All vacancies of officers and non-commis- Vacancies sioned officers in active service must be filled by 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. SEC. 2062. In filling vacancies of commissioned officers Same. 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 Same, for personal bravery in battle, etc. Rules to govern militia when in actual service. Pay of officers and privates when in actual service. Pay of officers when detailed on of departure from this rule the Commander in Chief must report his reasons for such departure to the Senate. SEC. 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. SEC. 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. SEC. 2065. Officers and privates while on active duty in the service of the State receive the same pay as the officers and privates of the United States army of similar grade serving on the Pacific Coast; the same to be audited by the Board of Military Auditors, upon the pay roll properly made up and signed by such officer. SEC. 2066. When an officer is detailed for special duty in any matter relating to the National Guard, or care of State military property, by order of the Commander 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. 2078. Powers. 2079. Revision and approval of sentence. SECTION 2081. No action in certain cases against members of courts martial. 2082. Who may order courts of inquiry. 2083. Rules governing. SEC. 2076. The following officers may appoint courts Who may martials: 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. appoint courts martial. tion and rules. SEC. 2077. Courts martial appointed under the provis- Organizaions 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. SEC. 2078. Courts martial have power on conviction to Powers. punish by depriving officers of rank by expulsion or dismissal, or by such other and usual military fines and penalties as is customary with courts martial in the army of the United States. SEC. 2079. The officer appointing a court martial must revise the proceedings and approve or disapprove the sentence of such court martial, and must direct the execu and Revision approval of sentence. |