Sec. 2. Regulation of sale of State lands within area of government works. No lands belonging to the State, within the areas to be irrigated from works constructed or controlled by the United States, or its duly authorized agencies, shall hereafter be sold except in conformity with the classification of farm units by the United States, and the title to such land shall not pass from the State until the applicant therefor shall have complied with the provisions of the laws of the United States and the regulations thereunder concerning the acquisition of the right to use water from such works, and shall produce the evidence thereof duly issued; provided, that the area or areas to be so irrigated shall be determined by due notice, given by the United States or its duly authorized agencies, and filed with the State Board of Land Commissioners. After the withdrawal of lands by the United States for any irrigation project, no application for the purchase of State lands within the limits of such withdrawal shall be accepted, except upon the conditions prescribed in this section. Any State lands needed by the United States for irrigation works shall be sold to the United States at private sale at the appraised value of such lands.

Approved this 16th day of March, 1905.

CHAPTER 116.

MILITIA.

An Act to amend sections 1429, 1430, 1431, 1432, 1434, 1437, 1436, 1438, 1439, 1442, 1445, 1454, 1456, 1475, and 1488 Revised Statutes of Utah, 1898, relating to the composition of the militia; appointment, qualifications and duties of officers, their relative rank, retirement and pay of officers and men; provisions for those injured in service; and to military courts.

Be it enacted by the Legislature of the State of Utah:

SECTION 1. That sections 1429, 1430, 1431, 1432, 1434, 1436, 1437, 1438, 1439, 1442, 1445, 1454, 1456, 1475 and 1488, Revised Statutes of Utah, 1898, be and the same are hereby amended to read as follows:

1429. Strength of National Guard. The national guard of Utah shall consist of not more than one regiment of infantry, one troop of cavalry, one battery of field artillery, a signal corps, a hospital corps and a retired list. For the purpose of this title the word company or companies, whenever used in a general sense, shall apply equally to infantry, cavalry, artillery, signal corps, hospital corps and band.

1430. Brigade organization. The national guard of Utah shall

have a brigade organization known as the first brigade, national guard of Utah, which may be in command of a brigadier general, who may be appointed by the commander-in-chief by and with the consent of the Senate; said brigadier general may appoint a staff consisting of one assistant adjutant general one assistant inspector general one inspector of target practice each with a rank of lieutenant-colonel; one judge advocate and two aides-de-camp, each with the rank of major. To the staff of the brigadier general there may also be assigned one assistant surgeon general with rank of lieutenant-colonel.

1431. Regimental organization. The regiment of infantry shall consist of one colonel one lieutenant-colonel, three majors, fifteen captains, twelve first lieutenants, twelve second lieutenants, one sergeantmajor, one quartermaster-sergeant, one commissary sergeant, three batallion sergeants-major, two color sergeants, with rank, pay and allowances of batallion sergeants-major, one band and twelve companies organized into three battalions of four companies each. Of the officers herein provided, the commanding officer of the regiment shall appoint three captains; to serve as staff officers of the regiment.

1432. Regimental band. There may be enlisted and attached to the regiment of infantry a regimental band to consist of one chief musician, one principal musician, one drum major, each with rank of sergeant of the non-commissioned staff; four sergeants eight corporals, one cook and twelve privates. The chief musician shall receive the pay, when on duty under orders, of a first lieutenant of infantry, and shall furnish a bond in the form prescribed by the adjutant general, and the sureties to be approved by the commander-in-chief, in the penal sum of $1.000, for the safe keeping and proper return, when required by the adjutant general, of all State property in the possession of, or issued to the regimental band. The said regimental band shall be subject to the orders of the regimental commander, who may recruit and discharge said band at his discretion; all enlistment papers to be made in duplicate, one copy to be forwarded to the adjutant general and one to be filed in regimental headquarters. The non-commissioned officers of said band will be appointed by the regimental commander. When said regimental band is duly organized and is found by the board of control, on examination of rolls and reports returned by the inspecting officers, to be fully up to the standard in number, drill discipline and efficiency, it shall receive the sum of $400 per annum; the same to be paid by the adjutant general to the chief musician to be used and expended solely for military purposes and for the use and benefit of the regimental band. The said sum of $400 is in addition to the regular pay and allowances for enlisted men when on duty as provided for in this title.

1434. Company organization. The organization of companies of the national guard of Utah shall be the same as companies of the United States army; provided, that in time of peace a company of infantry shall contain not more than sixty nor less than forty enlisted men; a company of cavalry shall contain not more than sixty nor less than forty enlisted men; a company of artillery shall contain not more than eighty nor less than forty enlisted men; a signal corps shall contain not more than twenty-three nor less than thirteen enlisted men; a hospital corps shall contain not more than thirteen nor less than six enlisted men, and the band shall contain not more than twenty-eight nor less than thirteen enlisted men. Provided, that in time of war, insurrection, invasion, or imminent danger thereof, the maximum strength of companies shall be as provided in the regular army of the United States.

1436. Staff commander-in-chief. The staff of the commander-inchief shall consist of an adjutant general, with the rank of brigadier general, an inspector general, a quartermaster general, a surgeon general, a judge advocate general, a general inspector of target practice, each with the rank of colonel; an assistant adjutant general and two aides-de-camp, each with the rank of lieutenant-colonel. The Governor shall, by and with the consent of the Senate, appoint any or all of the officers provided for in this section; who shall hold their offices during the incumbency of the Governor appointing them, and until their successors are duly appointed and qualified, unless sooner removed by the commander-in-chief. After the first appointments are duly made and confirmed by the Senate as aforesaid, the Governor shall fill all vacancies that may occur in any of said offices, at a time when the Senate is not in session, by temporary appointment until the next meeting of the Legislature. A permanent removal from the State of any such officer shall be deemed a resignation of his office.

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1437. Duties of adjutant general. The adjutant general shall issue and transmit all orders of the commander-in-chief, relating to the militia or military organizations of the State. He shall keep a register of all officers commissioned by the Governor, a record of all general and special orders and regulations and of all matters pertaining to the national guard of Utah, and perform in time of peace the duties of quartermaster general. He shall have charge of the State arsenal and grounds, and receive and issue all ordnance, ordnance stores, and camp and garrison equipage, on the order of the commander-inchief. He may appoint, with the approval of the commander-in-chief a quartermaster sergeant for permanent duty at the State armory at a salary not exceeding $600 per annum. The adjutant general shall have charge and carefully preserve the colors, flags, guidons, and military trophies of war belonging to the State, and shall not allow the same to he loaned out or removed from their proper place of deposit. He sho

91.

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furnish, at the expense of the State, all proper blank books, blanks, and forms, and such military instruction books as shall be approved by the commander-in-chief. He shall also on or before the first day of January next preceding each regular session of the Legislature, make a full and detailed report to the Governor of all the transactions of his office, with the expense of the same for the preceding two years. He shall report at such other times and on such other matters as the Governor shall require. He shall give a bond to the State in the penal sum of ten thousand dollars with at least two sureties to be approved by the Governor.

1438. Duties of staff officers. The inspector, quartermaster, commissary, surgeon, and judge advocate generals, and the general inspector of target practice shall perform such duties as may be prescribed by the regulations or directed by the commander-in-chief. They shall each, prior to the third Monday in December, make an annual report to the commander-in-chief through the adjutant general. The assistant 91-01 adjutant general on the staff of the commander-in-chief shall assist the adjutant general in the discharge of his duties and under the direction of the adjutant general shall have charge of all quartermaster and ordnance supplies of the State. He shall give a bond to the State in the penal sum of five thousand dollars to be approved by the Governor and shall receive an annual salary of $300. The commissions of staff officers appointed by a commanding officer shall expire as soon as the successor of such commanding officer is commissioned and qualified.

Amunded

1439. Election of field officers. Field officers of battalions and regiments shall be elected by ballot by the commissioned line officers of the organization to serve for a term of three years, unless sooner discharged. Company officers shall be elected in like manner by the members of their respective companies to serve for a like term. In all cases a majority vote of the whole number of persons entitled to vote shall be necessary to a choice; provided, that the term of office under this section shall be continuous upon the re-inlistment of the officer.

1442. Relative rank. Commissioned officers of the same grade shall determine their relative rank by the length of time served in that grade whether continuous or not. Officers of the same grade having held their commissions for the same length of time shall determine their relative rank by lot.

1445. Retired list. When any officer or enlisted man of the national guard in good standing has served eight years in the service of the State, he shall, if he makes application therefor to the commanderin-chief, be retired from active service and placed on the retired list with the rank held at the time of his retirement. When any officer or enlisted man has become physically incapable of performing his duties,

he shall, upon his own application, or by direction of the commander-inchief, be ordered before a retiring board to be assembled by order of the commander-in-chief. If the report of this board shall show that the incapacity has resulted from no fault of the person examined, he shall be placed upon the retired list. Any officer or enlisted man having availed himself of the provisions of this section may not re-enter active service except with the approval of the commander-in-chief.

1454. Pay of militia in service. The military forces of this State when at camps of instruction or in the actual service of the State in time of war, insurrection, invasion or imminent danger thereof, shall receive the following pay: Privates $1.50 per day; corporals, $1.75 per day; sergeants, $2.00 per day; first sergeants and non-commissioned staff officers of battalions and regiments $2.25 per day. Officers shall receive the same pay as officers of a like grade in the regular army of the United States. In addition to the above pay, each officer and enlisted man shall receive one ration per day. This per diem shall be inclusive of any special appropriations made by the U. S. government.

1456. Id. As member of military court or witness. When in attendance, as a member or a witness upon any military court, board, or special duty ordered by the proper authority pursuant to the provisions of this title, members of the State militia shall receive the followig compensation per diem: General officers, five dollars; field officers, four dollars; commissioned officers, below the grade of major, three dollars; enlisted men as provided in section 1454. In addition thereto each officer or enlisted man while on any of the above duties, necessary for the public service, shall be entitled to such actual expenses as shall be approved by competent authority for transportation and subsistence for each day actually employed in such court, board or special duty, or engaged in the business thereof, or in traveling to and from the

same.

1475. Militiamen injured on duty. Every member of the militia who shall be wounded or disabled in any manner while in the service of the State in any duty shall receive care and medical attention at the expense of the State, and shall receive per diem provided for in section 1454 of this title during such time as he shall be temporarily incapacitated from pursuing his usual business or occupation. He shall receive such other just and reasonable relief as the Legislature may provide. All claims arising under this section shall be inquired into by a board of at least three officers, one a medical officer, to be appointed by the adjutant general upon the application of the member claiming to be so incapacitated. Such board shall have the usual powers possessed by a general court-martial. The report of said board shall be filed with the Secretary of State for action by the State Board of Examiners.