Page images
PDF
EPUB

slings, belts, and such other necessary accoutrements and equipments the property of the United States and in the possession of the state, which may be replaced from time to time, by new arms, equipments, etc., sent by the United States in substitution therefor, and cause the same to be shipped, under the instructions from the secretary of war, or secretary of the navy, to the designated arsenal or depot at the expense of the United States. And when the national guard of the state shall be fully armed and equipped with the standard magazine arms, and the standard equipment and accoutrement of the United States army and navy, he shall cause all the remaining arms, equipments, etc., the property of the United States and in the possession of the state, to be transferred and shipped as above directed.

He shall keep a just and correct account of all expenses necessarily incurred, including pay of officers and enlisted men, subsistence of militia, transportation of the militia, and of all military property of the state, and such expenses shall be audited and paid in the same manner as other military accounts are audited and paid.

9. He shall issue such military property as the commanderin-chief shall direct, and under his direction shall make purchases for that purpose. No military property shall be issued to persons or organizations other than those belonging to the active militia, except such proportions of the reserve militia as may be called out by the commander-in-chief.

Purchases of property not exceeding $500.00 in value shall be made in such manner as The Adjutant General shall direct. If such purchases shall require an expenditure of a sum exceeding $500.00, he shall publicly advertise for not less than tep days for sealed proposals for furnishing such property; such proposals shall be publicly opened by him at the place, day and hour designated in such advertisement; provided, however, that he may purchase at any time any or all military stores, property, equipments and supplies required by the military department of the State from the United States Government, under the provisions and regulations of the war and navy departments governing such purchases.

He shall, if the commander-in-chief approve, make contract with the lowest responsible bidder to furnish such property. All proposals and contracts made under the authority hereby conferred shall be filed in the office of The Adjutant General. The Adjutant General is authorized and directed whenever, in his opinion, it shall be to the interest of the state, to require the party who shall agree or contract to furnish such property to give bond to the people of the state in such sum and with such surety as he shall direct, conditioned for the faithful performance of such agreement or contract. In case of default such bond shall be prosecuted by the attorney general and all moneys recovered thereby shall be paid to The Adjutant General and by him expended for the benefit of the national guard.

All property purchased under authority herein granted shall be inspected by an inspector or an officer detailed for the purpose by the commander-in-chief, and no payment shall be made therefor until it shall appear by the certificate of such officer that such property is of the kind and quality specified in such agreement or contract.

In case of insurrection, invasion, tumult, riot, breaches of the peace, or imminent danger thereof, the commander-inchief may temporarily suspend the operation of this paragraph and direct The Adjutant General to purchase such military property or supplies as may be required in open market.

10. The Adjutant General shall attest all commissions issued to military officers.

11. He will superintend the preparation of all returns and reports required by the United States from the state on military matters.

12. In the absence or inability to perform his duties of The Adjutant General, the officer on duty in the adjutant general's department of the rank of colonel, shall perform the duties prescribed for The Adjutant General, and in the absence or inability of both of said officers, the chief of the inspector general's department shall perform the said duties, during such absence or inability.

History: Enacted March 18, 1905, Stats. and Amdts. 1905, pp 291-294; amended March 21, 1907, Stats. and Amdts. 1907, p. 21 Kerr's Stats. and Amdts. 1906-7, p. 110: March 25, 1909, Stats and Amdts. 1909, p. 744. In effect from and after March 25 1909.

§ 1924. OFFICIAL BOND [OF THE ADJUTANT-GEN. ERAL]. The adjutant-general must execute an official bond in the sum of ten thousand dollars.

History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 294. In effect immediately.

As to approval of official bond by the governor and filing and recording in secretary's office, see ante § 948.

As to time for filing of official bond, see Kerr's Cyc. Pol. C. $947 and note; Hen. G. L., p. 80.

In general, as to bonds, securities, etc., see Kerr's Cyc. Pol. C. §§ 951-985 and notes.

CHAPTER II.

[Section 1. Chapter II of title IV of the Political Code of California is hereby repealed, and there is hereby substituted to take the place thereof in such code a new chapter II, to read as follows:

Sec. 2. The provisions of this chapter shall be in force and effect from and after its passage and approval.-Act March 18, 1905, Stats. and Amdts. 1905, pp. 258-284.]

THE NATIONAL GUARD.

Article I. Composition and strength, §§ 1925-1935.
Commissioned officers, §§ 1951-1968.

II.

III. Enlisted men, §§ 1980-1987.

IV. Service of National Guard, §§ 2003-2014.

V. Military courts, §§ 2018-2028.

VI. Arms, uniforms, and equipment, §§ 2039-2046.
Pay and allowance, §§ 2076-2086.

VII.

VIII.

IX.

Privileges, prohibitions, etc., §§ 2093-2107.
Naval militia, §§ 2111, 2112.

[blocks in formation]

§ 1925. COMPOSITION AND STRENGTH. The National Guard of California shall consist of such number of companies of engineers, signalmen, companies of coast artillery, and infantry, and such number of troops of cavalry, and divisions

of the naval militia and bands, as the governor may direct, the adjutant general's department, the inspector general's department, the judge advocate general's department, the quartermaster's department, the subsistence department, the pay department, the ordnance department, the medical department, the corps of engineers, the signal corps, the staff of the commander-in-chief, officers on the retired list and such officers and enlisted men as may be authorized by law. The total number of companies, troops, and divisions of the naval militia shall not exceed eighty-four; and provided that there shall not be more than twelve divisions of the naval militia, two companies of engineers, two companies of signalmen or four troops of cavalry, in addition to the companies of infantry and companies of coast artillery that may be authorized.

History: Enacted 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. In effect from and after March 22, 1909.

§ 1926. AUTHORITY OF THE COMMANDER-IN-CHIEF. The commander-in-chief shall have power to fix the geographical limits of each brigade, to assign troops thereto, to provide for the organization and location of companies to fill any vacancies that may occur; to transfer, attach, consolidate, or disband companies, and divisions of the naval militia, to organize, reorganize and consolidate battalions, squadrons, regiments and brigades, provided that the units comprising such battalions, squadrons, regiments and brigades shall correspond to like organizations of the United States army. He shall have power to designate the number of noncommissioned officers and privates that shall constitute the companies of the various arms of the service, conforming as nearly as possible to the organization of like companies of the regular army; provided, that he shall not organize a company consisting of less than fifty-eight enlisted men. When changes in the organization of companies, or in other organizations, departments, or corps, or in the number of officers or

« PreviousContinue »