colonel, one lieutenant colonel, one adjutant with the rank of captain, one quartermaster with the rank of captain, one commissary with the rank of captain, one chaplain with the rank of captain, one sergeant major, one quartermaster sergeant, one commissary sergeant, two color sergeants, a band of at least twenty-eight enlisted men, and three battalions A regiment of infantry shall have one regimental surgeon with the rank of major and two assistant surgeons each with the rank of captain or first lieutenant, or one surgeon and three assistant surgeons detailed from the medical department. The infantry shall be organized as far as possible into regiments of three battalions of four companies each. After as many regiments as possible have been formed, the remaining companies shall be organized, as far as possible, into separate battalions of four companies each. After as many regiments and separate battalions as possible have been formed, the companies still remaining shall be maintained as separate companies. The separate battalions and separate companies shall be organized as prescribed in this chapter for a battalion and company respectively.

History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 260; amended March 22, 1909, Stats, and Amdts. 1909, p. 626. In effect from and after March 22, 1909.

§ 1935. DIVISION AND BRIGADES. 1. Division. In the event of a call by the president of the United States for troops from the State of California sufficient in number to constitute a division such troops may be organized into a division which shall be commanded by a major general or by the senior officer of the line present for duty with the division. When a division is organized the staff thereof shall consist of the following officers:

One adjutant general, with rank of lieutenant colonel, adjutant general's department; one inspector general with rank of lieutenant colonel, inspector general's department; one judge advocate, with rank of lieutenant colonel, judge advocate general's department; one chief quartermaster, with rank of lieutenant colonel, quartermaster's department; one

chief commissary, with rank of lieutenant colonel, subsistence department; one chief surgeon, with the rank of lieutenant colonel, medical department; one chief engineer, with the rank of lieutenant colonel, corps of engineers; one chief ordnance officer, with rank of lieutenant colonel, ordnance department; one chief signal officer, with rank of lieutenant colonel, signal corps; three aids, captains or lieutenants, from the line. Such officers, with the exception of the three aids, shall be detailed from the several staff departments as indicated and while serving with the division shall have the rank herein designated; provided, that a major general shall have served four years in the national guard of this state, or in the military service of the United States, or in both services combined, two years of which shall have been in a grade above that of captain, and provided, that when such troops return to the jurisdiction of the authorities of the state the division organization shall at once be discontinued, and if there be a major general he shall at once be placed upon the retired list with such rank, and the officers constituting the division staff, excepting the three aids-de-camp, shall be extra officers of their several departments, or shall be placed upon the retired list, as they shall elect.

In addition to the staff officers enumerated in the foregoing list, such other officers as are considered necessary may be designated for duty on the staff of a division, but officers so designated must belong to some staff corps or department, or to the line, and be detailed for duty on the division staff.

2. Brigades. A brigade shall consist of two or more regiments of infantry, but separate battalions and separate companies may be assigned thereto. A brigade shall be commanded by a brigadier general, but in case of the absence or disability of the brigadier general the command shall devolve upon the senior officer of the line who is present for duty with the brigade. The staff of a brigade shall consist of officers detailed from the several staff corps or departments, as follows: one adjutant general with the rank of major, adjutant general's department; one quartermaster with the rank of major, quartermaster's department; one commissary

with the rank of major, subsistence department; one surgeon with the rank of major, medical department; two aids, each with the rank of lieutenant, from the line. In addition to the staff officers enumerated in the foregoing list, such other staff officers as are considered necessary may be designated for duty on the staff of a brigade, but officers so designated must belong to some staff corps or department, or to the line, and be detailed for duty on the brigade staff.

History: Former section relating to field music, eracted March 18, 1905, Stats. and Amdts. 1905, p. 261; repealed and present section enacted March 22, 1909, Stats. and Amdts. 1999, p. 627. In effect from and after March 22, 1909.

§ 1962.

§ 1963.

§ 1964.

$ 1965.

§ 1966.

§ 1967.

Effect of line officers accepting commissions on staff.
Retired list.

Examination and discharge of officers.

Absence or removal; when deemed resignation.

Lost or destroyed commissions.

Dishonorable discharge bar to re-entry and to holding office.

§ 1968. Brevet commissions.

§ 1951. COMMISSIONS. All officers shall be commissioned by the commander-in-chief, but he may refuse to issue a commission to any person elected or appointed if the person elected or appointed 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 and fifty-three and one thousand nine hundred and 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 qualified; provided, that officers in the national guard when this act takes effect who shall be recommissioned under the provisions of section thirty-one of this act shall be exempt from the examinations prescribed by section one thousand nine hundred and fifty-four of this chapter.

History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 261; amended March 22, 1909, Stats. and Amdts. 1909, p. 628. In effect from and after March 22, 1909.

As to execution of commissions by the governor, see Const 1879 art. V § 14, Hen. G. L., p. lxxvii.

As to service of secretary of state in issuing military coTmissions gratis, see act April 15, 1880, § 26, Stats, and Amdts. 1880 p. 57.

§ 1952. RANK OF OFFICERS. All officers of the nationa! guard must take rank according to the date assigned them by their commissions, which date shall be that of their election or appointment; and when two of the same grade are of the same date, their rank must be determined, first, by the length of previous service as an officer in the national guard; second, by the length of previous military service in the national guard; third, by lot. Officers of the national guard are in al: cases of superior rank to officers of the enrolled militia of the same grade, irrespective of the dates of their commissions. History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 261. In effect immediately.

§ 1953. ELIGIBILITY REQUIRED TO RECEIVE A COMMISSION. Commissioned officers must be citizens of the United States, of the age of eighteen years and upwards. 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 had 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. A brigadier general of the line at the time of his appointment shall have served at least four years as an officer in the national guard of California, or in the United States military service, or both. All surgeons and assistant surgeons of the national guard shall be regularly graduated, licensed, and practicing physicians or surgeons, licensed to practice their profession in California, or a surgeon of the United States army or navy. All judge advocates of the national guard 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, shall