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of any officer called into active service, or if a vacancy exists, or occurs among the commissioned officers in active service, the vacancy may be filled by the governor.

History: Amended March 21, 1907, Stats. and Amdts. 1907, p. 820.

$ 1922. RELIEF FROM CIVIL OR CRIMINAL LIABILITY. Members of the militia ordered into active service of the state by any proper authority shall not be liable civilly or criminally, for any act done by them in line of duty. When a suit or proceeding shall be commenced in any court by any person against any officer of the militia for any act done by such officer in his official capacity in the discharge of any duty under this chapter, or against any soldier acting under the authority or order of any such officer, or by virtue of any warrant issued by him pursuant to law, it shall be the duty of the attorney-general to defend such officer or soldier; provided, however, where the action or proceeding is criminal, the adjutant-general shall designate the judge advocate-general, or one of the judge advocates, to defend such officer or person.

History: Amended March 21, 1907, Stats. and Amdts. 1907, p. 820. $ 1923. THE ADJUTANT-GENERAL AND ASSISTANTS. The adjutantgeneral shall be in control of the military department of the state, and subordinate only to the governor in matters pertaining to said department. He will perform such duties as are prescribed in this title, or required by the commander-in-chief, and such other duties consistent with the regulations and customs of the United States army as may be required by the commanderin-chief. He shall be ex officio chief of staff, quartermaster-general, chief of ordnance, commissary-general, inspector-general, and paymaster-general. All of the duties of the adjutant-general shall be performed under the direction of the commander-in-chief.

[Duties of adjutant-general.] (1) He shall keep a register of all the officers of the militia of the state, and keep in his office all records and papers required to be kept and filed therein, and make a biennial report to the governor, including a detailed statement of all moneys received and disbursed by him for military purposes during that period, and the number and condition of the national guard.

(2) He shall, at the expense of the state when necessary, cause the military law, the general regulations of the state, and articles of war of the United States to be printed, indexed, and bound in proper and compact form and distributed to the commissioned officers.

(3) He shall cause to be prepared and issued all necessary blank books, blanks, and notices required to carry into full effect the provisions of the title. All such books and blanks shall be and remain the property of the state.

(4) The seal now used in the office of the adjutant-general shall be the seal of his office, and shall be delivered by him to his successor. All orders issued from his office shall be authenticated with his seal.

(5) The adjutant-general shall have one assistant adjutant-general, appointed and commissioned by the commander-in-chief, as provided, upon the

recommendation of the adjutant-general; one chief clerk, three clerks, one stenographer and one armorer. The clerks, stenographer and armorer shall be appointed by the adjutant-general.

(6) In order that the national guard of the state may receive the benefit of the funds provided by congress, it shall be the duty of the adjutantgeneral of the state to prepare and submit a plan of proposed field or camp service of instruction for the ensuing year, with an estimate of the funds required for payment, subsistence, and transportation of the portion of the national guard participating therein; said estimate to furnish the details and to be made out in the form required by instructions from the secretary of war.

(7) He shall make such regulations pertaining to the preparation of reports and returns and to the care and preservation of property, in possession of the state for military purposes, whether belonging to the state or to the United States, as in his opinion the conditions demand; such regulations to be operative and in force when promulgated in the form of general orders, circulars or letters of instructions.

(8) He shall attend to the care, preservation, and safe-keeping, and repairing of the arms, ordnance, accouterments, equipments, and all other military property belonging to the state, or issued to the state by the government of the United States for the purpose of arming and equipping the organized militia. All military property of the state which, after a proper inspection, shall be found unsuitable for the use of the state, shall, under the direction of the governor, be disposed of by the adjutant-general at public auction after suitable advertisement of sale, daily for ten days, in at least one newspaper published in the English language in the city or county where the sale is to take place; or the same may be sold at private sale when so ordered by the governor. He shall bid in the property or suspend the sale whenever, in his opinion, better prices may or should be obtained. He shall, from time to time, render to the governor a just and true account of the sales made by him, and shall expend the proceeds of the same in the purchase of other military property, as the governor may direct.

He shall be responsible for all the arms, ordnance, accouterments, equipments, and other military property which may be issued to the state by the secretary of war in compliance with law; and it shall thereafter be his duty to prepare returns of said arms and other property of the United States at the times and in the manner requested by the secretary of war.

[To turn over to ordnance department, when.) He shall, upon the order of the governor, turn in to the ordnance department of the United States army the rifles, carbines, bayonets, bayonet scabbards, gun-slings, belts, and such other necessary acouterments and equipments, the property of the United States and in 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 instructions from the secretary of war, 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 standard service magazine arms, and the standard equipment and accouterment of the United States army, he shall cause all the remaining arms, equipments, etc., the property of the United States and in possession of the state, to be transferred and shipped as above directed.

(9) He shall keep a just and true 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.

(10) He shall issue such military property as the governor shall direct, and under his direction make purchases for that purpose. No military property shall be issued to persons or organizations other than those belonging to the active militia, except to such portions of the reserve militia as may be called out by the governor.

Purchases of property not exceeding five hundred dollars in value shall be made in such manner as the adjutant-general shall direct. If such purchase shall require the expenditure of a sum exceeding five hundred dollars, he shall publicly advertise, for not less than ten days, for sealed proposals for furnishing such property; such proposals shall be publicly opened by the adjutant-general at the place, day and hour designated in such advertisement.

The adjutant-general shall, if the governor 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 a party who shall agree or contract to furnish such property to give bond to the people of this 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 shall be applied by the adjutant-general to the benefit of the national guard.

All property purchased under the authority hereby granted shall be inspected by an inspector or an officer detailed for the purpose by the governor, 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 governor may temporarily suspend the operation of this paragraph and direct the adjutant-general to purchase such military property as may be required in open market.

(11) He shall attest all commissions issued to military officers.

(12) He will superintend the preparation of all returns and reports required by the United States from the state.

(13) In the absence of the adjutant-general, the assistant adjutant-general shall perform the duties prescribed for the adjutant-general.

History: Amended March 21, 1907, Stats. and Amdts. 1907, p. 821.

$ 1925. COMPOSITION AND STRENGTH. The national guard of California shall consist of such number of companies of engineers, signalmen, coast artillery, and infantry, and such number of troops of cavalry, and divisions of the naval militia, as the commander-in-chief may direct, the medical department, 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; and provided, that not more than two companies of engineers, two companies of signalmen, four troops of cavalry, or nine divisions of the naval militia shall exist in addition to the companies of infantry that may be authorized.

History: Amended March 21, 1907, Stats. and Amdts. 1907, p. 824.

$ 1928. STAFF OF BRIGADIER-GENERAL. The staff of a brigadiergeneral shall consist of one assistant adjutant-general, with the rank of lieutenant-colonel; one brigade inspector, one inspector of small arms practice, one quartermaster (who shall act as paymaster), one commissary, one engineer officer, one judge advocate, each with the rank of major; one surgeon, with the rank of lieutenant-colonel; and two aids, with the rank of first lieutenant.

History: Amended March 21, 1907, Stats. and Amdts. 1907, p. 824. § 1929. MEDICAL DEPARTMENT. The medical department shall consist of one surgeon-general, with the rank of colonel on the staff of the commander-in-chief; two surgeons, with the rank of lieutenant-colonel on the staff of the brigadier-generals; five surgeons, with the rank of major; and twenty assistant surgeons, with the rank of first lieutenant, who shall be promoted to captains after five years service. The assignments of medical officers to duty shall be made by the commander-in-chief, upon the recommendation of the surgeon-general. The number of sergeants, first-class; sergeants, corporals, privates, first-class; and privates of the hospital corps, shall be designated by the commander-in-chief, but shall not exceed such a number as may be required to make the proper details to the various organizations, as prescribed by the United States army regulations, manuals, or orders; provided, that in emergencies, or when there is great necessity therefor, the commander-in-chief may authorize the enlistment of not to exceed one hundred additional men for the purpose of the temporary organization of an ambulance company or of a field hospital, or both, and such other detachments as the necessities of the service may require.

History: Amended March 21, 1907, Stats, and Amdts. 1907, p. 825.

$ 1931. SIGNAL CORPS. Each company of signal men shall consist of one captain, one first lieutenant, one second lieutenant, and not to exceed sixtyfive enlisted men.

History: Amended March 21, 1907, Stats. and Amdts. 1907, p. 825. § 1932. COAST ARTILLERY. 1. Whenever practicable the companies of coast artillery shall be organized into battalions and regiments. Each separate battalion of coast artillery shall have the following designated officers and noncommissioned officers; one major, three extra first lieutenants, to be available for detail as battalion adjutant, battalion quartermaster, and battalion commissary, and such other details as may be authorized by law and regulations; one battalion sergeant-major, one quartermaster sergeant, one commissary sergeant, one electrician sergeant, two color sergeants, and each company

Stats. and Amdts.-8

as

shall have the following officers: One captain, one first lieutenant, and one second lieutenant.

2. Each regiment of coast artillery shall consist of one colonel, one lieutenant-colonel, one major for each battalion, three extra captains who shall be available for detail as regimental adjutant, quartermaster, or commissary, three extra first lientenants to be detailed as battalion adjutants, three extra second lieutenants to be detailed battalion quartermasters and commissaries; one chaplain with the rank of captain; one sergeant-major, one quartermaster sergeant, one commissary sergeant, three battalion sergeantmajors, two color sergeants, one electrician sergeant, one band, and not less than nine nor more than twelve companies, organized into three battalions.

History: Amended March 21, 1907, Stats. and Amdts. 1907, p. 825. $ 1933. CAVALRY. If two or more troops of cavalry are authorized, they may be organized into a squadron, with the following designated officers and noncommissioned officers: One major, three extra first lieutenants, to be available for detail as squadron adjutant, squadron quartermaster, and squadron commissary, and such other details as may be authorized by law and regulations; one veterinarian (veterinary surgeon), one squadron sergeant-major, one squadron quartermaster sergeant, one squadron commissary sergeant, and two color sergeants. Each troop of cavalry shall have the following officers: One captain, one first lieutenant, and one second lieutenant.

History: Amended March 21, 1907, Stats, and Amdts. 1907, p. 826.

$ 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 expelled or dishonorably discharged from any military or naval organization of the United States, this state, or any other state in the Union, 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 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 practising physicians or surgeons, qualified to practise their profession in California. 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 of the national guard shall be civil engineers. All chaplains shall be regularly ordained ministers.

History: Amended March 21, 1907, Stats. and Amdts. 1907, p. 826. $ 1954. EXAMINATION. Before receiving a commission consequent upon an original appointment or election, or upon reappointment or re-election, or before being commissioned to a higher grade as a result of promotion, every officer must have passed a satisfactory physical examination before any surgeon of the national guard, or any reputable physician or surgeon residing in the county wherein said officer resides, if no surgeon of the national guard resides therein, and a satisfactory examination before a board of commissioned officers

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