{ title: 'The Malone palladium. (Malone, N.Y.) 1863-1909, July 09, 1908, Page 7, Image 7', download_links: [ { link: 'http://www.loc.gov/rss/ndnp/ndnp.xml', label: 'application/rss+xml', meta: 'News about NYS Historic Newspapers - RSS Feed', }, { link: '/lccn/sn83031566/1908-07-09/ed-1/seq-7/png/', label: 'image/png', meta: '', }, { link: '/lccn/sn83031566/1908-07-09/ed-1/seq-7.pdf', label: 'application/pdf', meta: '', }, { link: '/lccn/sn83031566/1908-07-09/ed-1/seq-7/ocr.xml', label: 'application/xml', meta: '', }, { link: '/lccn/sn83031566/1908-07-09/ed-1/seq-7/ocr.txt', label: 'text/plain', meta: '', }, ] }
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j '»«£•*: - i. I i • '\ •:-•; •• ' 1 ! • - J . -\ r*?^*vtyf.-s«n»*«M \^\•ftli'ftjHft] .' ' }•\»'-' -f : t22~ii„J' '-'\* *&C4'~i'-%>:,>j v.-,- -**: ,<r- iMWt a — iJgST aeeond iTKut&snli, ,'tSrsa' sergeants raajc?, aealojF grades' -tfctrtr- engineera. tore* master ^electricians, fourteen electri- cian sergeants first olaae- arid fourteen electrician sergeant* second elasa, eight master a^inptera, eight sergeants -major, junior \-gradst. thirty firemen' sad thirty companies. ;> . •* -. A company, o f coast artillery shall con- sist ot one captain; one first lieutenant, e«e second 8eutenant/ eha first sergeant, one quartermaster eergeant, two cooks. two mechanics, two musicians, and such number of sergeants, corporals and pri- vates as m*y be fixed by the governor upon the recommendation of the major general to accordance; with' \the require- ments of the-service to wfctctett may be assigned, but the mmimutnvnumber of •ergeanta, cbrporials and privates In -a coast artfltefy company shall not fee less than four airgeanta, alx corporals and forty-five privates: £,, ' A coast artillery band shall aonalst of. one chief musician. - ona chief ttumpatar, \ >'•' . ;,> on* principal mnalolsjL one drum major, > •four sergeants, eight corporals, . * ' one cook, and ' eleven privates. .',< - - • There may °be on* band for each twelve •otnpanles of: coast artillery. The governor in his discration may tn- erease the Strength of the coast artillery hereby authorized. The governor In his discretion may appoint a chief of coast artillery of fcrade not above that of briga- dier general! such officer to be selected from the commanding officers of coast artillery districts. In making such In- crease the dumber of additional colonels, lieutenant colonels, majors, captains, first lieutenants, isecond lieutenants* sergeants major (senior grade), master'electricians, engineers, electrician sergeants first class; electrician sfejrgeants second class; master gunners, sergeants major (Junior grade), and firemen shall be to approximately the same proportion to the number of addi- tional companies organised a* ta herein prescribed. I*. • \\ \? . {39. Civilian eoolnj.—The governor may authorize tbfc employment of cooks to the number fixed ln^thls chapter i n organiza- tions la whiih there are vacancies in en- listed cooks 'when such organizations are en duty under'his orders or are called upon In aid of the civil authorities. The governor may authorise the employment and prescribe the number of cooks for all beadqaartersj and organizations for which the enlistment of cooks la not authorized by this chapter. Cooks during such em- ployment shall be subject to the laws and regulations for the government of the na- tional guard'and shall receive the same pay as enlisted cooks. • ARTICLE XXX. The NsfvaykBlitla of the Stat*. Section B0. ; Composition, strength and Command, i SL Staff of jthe commodore. 62. Staff of jthe captain, 63. Battalions. \\* 64 Divisional 65. Disbandments. 66. Civilian cooks. 67. Retirement of commissioned officers. 68. Eligibility required to receive a com- mission. ' 69. Appointed offlcers of the naval mill* Ba. , { 60. Composition, strength and com- mand.—The i organizations forming the naval mllitiaj at this date, such others as may be organized hereafter, and such persons as may tellst or ba appointed or commissioned therein shall constitute the naval militia; o f this state. The governor shall organise this force In Battalions and divisions, as be may deem proper^ and when in his Judgment the efficiency of the naval militia will thereby be 'Increased, he Is authorized to create new 'organizations, and to alter, divide, consolidate, annex, disband or re- organize any or all the organizations therein. The governor shall have power at any time to change the organization of battal- ions and divisions, prescribed hereafter, so as to conform to any organization, sys- tem of drill or instruction, which may be adopted for pt& navy of the United ^fates and increase; or decrease for that purpose the number of officers, chief petty officers and petty officers in those organizations, end change the designations of officers or enlisted men! The 'strength of the naval militia In time of peace shall not exceed two thou- sand men, hut In time of war. Invasion, insurrection ; pr Imminent danger thereof, the governor shall have power\ t o increase this force beyond said two thousand men and organise 1 it as the exigencies of the service may (require. When two battalions or their equivalents have been organized, th$ naval militia shall be commanded by a captain; when three battalions or their equivalents shall have been rfrganized, JK^JgallrBB coni- manded by ft' cpmmodore>iS : 5P(e% a com- modore ts appointed the caplata and Ms staff shall bBfrenddOed supjsimunieraiy. § 5L Staff j>£ the commodorey-The com- modore may] have a staff consisting of one commander, as chief of staff; one lieutenant commander as engineer officer; one surgeon, of the grade of lieutenant commander;) one paymaster, of the grade of lieutenant* commander; one Judge ad- vocate, of ,fhe grade of lieutenant ooin- mander; oaej lieutenant commander, as signal offlceH one lieutenant, as gunnery officer who* shall also be the Inspector of srun practical one lieutenant, as aide; one chaplain, if 7 S 52. Staff of the captain.—The captain may have a staff consisting of one lieu- tenant conajoffflder. as chief of staff; one lieutenant Commander, as engineer offi- cer; one auagteon, of the grade of lieuten- ant commander; one paymaster, of the grade of Ueiktenant commander; one judge advocate,\ of the grade of Hautobaat; one ' signal offieeri oToa lieuten- officer who shall also be grid practice; one lieuten- as aide; one chaplain. —A battalion of the na- consist~of not less than >re than six divisions, and _ engineer division And one lion. A battalion consisting s than four divisions shall by a lleutenant-command- navigatihg lieutenant, who ____ . __ the executive nfj|cer and shall rank- next after lieutenant-com- mander and above all Heutena^ts; one surgeon, ofTtfee grade \of HeuteiStat; one SOT ' ^the'sSde ot lieftenant; one lior grade, as gtliinery offi- 1 also be inspector of gun assistant sunseon* of the tenant, Junior grade; .and it arms; one ahiet boat- ,v» one chief altar's mate; one chief yeoman; one bosplti! atewMd: •no paymastfr's yeomao «*y\*S •<*»! f n„^^ a «, alijof the rate *?,#$«* fftty officers; and kusi<aans at the «*te o;t two for each ditfelon. of whom OSS «*»y he appointed a'first-class an* ojuf • second- claas petty #eer. A bittt#^j30W»teflng of arlToe mlfe dlvlsloha fhaW tot «fm- toanded by * commander With one Ueu- Bnant «omminder a* e»eoxtti*e ofttcar: one n*vJgati»»T lieutenant, ifho sbaO lank tiext after i jlleutehant-coniniander ana above ail Uehltenajits; one surgeon et the -rade ot tfesitessnl: <me IWWBastw-.w the grade ofi lieutenant: m* Jeutenant. Junior gradel a*, gunnery offlcaft w^o shall also b* mspeetor ot «un Br*|tice. one assistaitit surgeon of the «*»M »* UeuteI ! am^l•nl«• *««*' 'fPnSSSSSSt paymaster, of the frad| et MM Junior graded one maataf at *mt; one S boatew*in-s «U»te; «m *Mer gun- ner-* mate; oce chief yeoman; <^***\^: tei stewardi; ohe pavmaater-s y«\^- o^e band-master and •J*. 1 ^.\.™^: Ill of'iheTreV of «\« ^\S'l liospltal corpsVflotto ex«e*rtWJWgr^- whom two may be •*»*****'&££: petty officer! and one * «W»gg^ fctty officer. Hhs rejnaind** being gwded sixteen in alf of «^^^2LJ2&. pointed a fUrtit-cias* w4 on* » »<sc«pa *l eaSrTeet'or a siso*» division,, shall •S^foTw*?lieutenant; one «««»«»V \ lieutenant, ant, as' the Inspect ant. Junior 5 63. Bar val militia three nor one may a signal di' of four or be er with onj shal l also Ml paymaster, pi lieutenant, J cer. Who sh practice; oti grade of Uje one masteri swain's mate; LAWS OV WBM YORK- -v^M ^•t-x^ms ATTXHOBlTx*.. seaman, aaSlf %h* dhrlsIonTrtTnot part of a battalion consisting of five or more divisions, two hospital corps ~ men, who shall rata with seamen; Its minimum strength shall be forty-one enlisted men. An engineer division ahaU consist of One lieutenant; one lieutenant, junior grade,' both of whom shall be commissioned a« engineer officers; five' machinists ot the rate of ohief petty officers;, four \water tenders, of the rate of first class pet^r officers; four oilers, of the rate of second- class petty officers; twenty-Ave aeamen. Its minimum strength shall be nineteen enlisted men. A signal division shall con- sist of one lieutenant. Junior grade; who shall, be commissioned as signal, officer; one chief quartermaster of the rate of chief petty officer; four quartermasters of the rate of first class petty offlcers, and not more than thirty-two first and, see* ond-class seamen. 168. Disbandments.—When a battalion shall tall below three divisions it shall be disbanded. Its remaining divisions shall become separata divisions. When a divi- sion shall fall below the minimum strength prescribed by law It may be dis- banded, I 68. Civilian cooks.—The governor may authorise the employment of oooka by troops on duty under bis orders or called out In aid of the civil authority, when such troops do not receive cooked ra- tions, and such cooks shall receive as compensation for their services the pay of gun captains, second class, while thus employed, paid In the manner that the officers and enlisted men with whom they are serving are paid. The number ot cooks that may thus be employed shall not exceed two to a,division. For the headquarters of the naval militia and of a battalion the governor may prescribe the number ot cooks that may be em- ployed- And these cooks shall be subject while thus employed, to the military law, the articles ot war and the regulations as If they were regularly enlisted men of the naval militia. 167. Retirement of commissioned offl- cers.—A commanding officer of the naval militia, -holding the office of commodore or captain, may, at his own request, be withdrawn from active service and com- mand and placed upon the retired list by the governor, with rank on the retired list of the grade next higher than that held by him In active service, provided he has served not less than twenty-five years in the naval militia, or not less than ten years in the naval militia and fifteen years In the United States navy. Any commissioned officer ot the naval militia may ba similarly withdrawn and placed upon the retired list with the rank of the grade next higher, provided he served in the regular or volunteer navy of the United States during the war of the rebellion, and has served In the naval militia not Iess than five years. Any commissioned officer of the naval militia who shall be retired under section slxtx- seven, upon his own request, shall have rank on the retired list of the grade next higher to that held by him In active serv- ice, provided he shall have been an officer In the United States navy In time of war. 5 58. Eligibility required to receive a commission in the naval militia.—Com- missioned officers In the naval militia must be citizens of the United States and of the age of eighteen years and upwards. No person who has been expelled or dis- honorably discharged from any military or naval organization of the state shall be commissioned unless he has re-enlisted and served as provided in this chapter. Ho person shall be commissioned unless be shall possess the additional require- ments herein prescribed for the particular office to which he Is to be commissioned. A commodore shall have been In the active service of a state aa an officer ot the naval militia or in the service of the United States as an officer of the navy or in an combined for at least ten years. A captain of the naval militia at the time of his appointment shall have performed the same service for at least five years. A commander or lieutenant commander for at least three years. Staff officers of offl- cers below the grade of commodore ex- cept Judge advocates, medical offlcers and chaplains must have served one year im- mediately preceding their appointment in the naval militia of this state, except that they may be credited with service In the United States navy or revenue ma- rine, or If not in active service at the acceptance'ana \holding\ o f \VersVoommla- elons. •• |\7t BUglbillty reduirea to receive a commission In the national guard.-Com- mlBuioned officer*' must be citizens of the United Elates and of the age- of eighteen yeiyni and -upwards. Jio parson who has be>n expelled or dishonorably d^chaxged from any (military or naval organisation of the state shall be commissioned unless he has re-enlisted and served as provided in this; chapter, 176 person, shall be oem- mleaioned unless he shall possess the ad- ditional requirements herein prescribed for the particular office to which he Is to be commissioned. A major-general, at the time of hli appointment, must be an offi- cer In active service in the national guard of. this state of the grade of brigadier- general or, field officer, and for seven suc- cessive years immediately preceding bis appointment, he must have been* in active service in ,sald national guard as a com- missioned officer. A brigadier-general, at the time Of his appointment, most be ah officer In active service hi the national guard of tills state of the grade of field officer, and in addition, for five successive years immediately preceding his appoint- ment, he must have bees, in active serv- ice in said national guard as a commis- sioned officer, or he must have been In ac- tive service in the national guard ot this state as a commissioned officer for a pe- riod of fifteen years, ten of which were as a field or general officer, or both com- bined. A colonel ot the coast artillery corps or of a regiment, at the time of his appointment, must either be an officer In active service In the national guard of this state; and for three, successive years immeftiately preceding his appointment, he must have been in active service In said national guard aa a commissioned officer, or if not in active service at the time of appointment he must have had prior service of at least six years In the national guard of this state, or in the army of the United States, or In both combined, as a commissioned officer. A lieutenant-colonel and major of the line, at the time of his appointment, must either be an officer in active service, and for twa auccesslve years immediately pre- ceding his appointment, he most have been In active service in the national guard of this state, as a commissioned officer, or If not inactive service at the time of appointment, he moat have had prior servjjce of at least six years In the national guard of this, state, er in the army of tha United States, or in both combined, as a commissioned officer. Captains and lieutenants of regiments, battalions, squadrons, jlhe corps of engi- neers and the coast artillery corps not elected by the members of the troops, batteries or companies and available and required for staff duty with the organiza- tion and appointed as prescribed In sec- tion seventy-four, must have served one year immediately preceding their appoint- ments, in the national guard or naval mijitia, of this state, as the case may be, or if not In active service at the time of their appointment, they must have had at least one year's service in the national guard or naval militia of the state or the army or navy of the United States, or both combined. Offlcers of the corps of engineers, the signal corps, the adjutant general's department, the Inspector gen- eral's department, the quartermaster's department, the subsistence department and the ordnance department above the grade of captain must possess the same requirements as offlcers of the line of the same respective grades. Offlcers of such corps and departments of or below the grade of captain must have served one year immediately preceding appointment In the national guard or naval militia of the state or if not In active service at the time of appointment they must have had at least one year's service in the national guard or naval militia of the state or the army or navy of the United States or both combined. An officer of the Judge- advocate-general's department must be a counsellor-at-law of the supreme court of this state of at least ten years' standing if of the grade of lieutenant-colonel, of at least five years' standing if of the grade of major. An officer of the medical department must be a'graduate of an Incorporated school of medicine and ot at least ten years' practice if of the grade ot lieuten- ant-colonel; of at least five years' prac- t ^ „ MW> w „„„.„ ,^ _ Uc ^ tt ot to\ Srado of major; of at least toe'o7their\appo1ntoent tneV'mW'have {three years' practice if ot the grade of, had at least one year's service in the na- ' ca » teln ' *\\ »* \•- '«•-«• *~« •\\\»' \na- tional guard or naval militia of the state or the army or navy of the United States or both combined. Staff offlcers of the commodore, exoept Judge advocates, Bur- geons and engineers, must either be se- lected from the commissioned offlcers In active service in the naval militia of this state, who for one year immediately pre- ceding their appointments have been In active service in such naval militia as commissioned offlcers, or if not in active service at the time of their appointment they must have had at least two years' previous service in the active militia of this state or in the army or navy of the United States or both combined aa a com- missioned officer. Surgeons and assistant surgeons must be graduates of an incor- porated school of medicine and of at least five years' praqjtlce if of the grade of lieutenant commander; of at least three years' practice If of the grade of naval lieutenant: and of at least two years' practice if of the grade of lieutenant Junior grade. A lieutenant commander as engineer officer shall have been a com- missioned marine engineer in the service of the United States, or shall hold a United States marine license not below the grade of chief engineer of, ocean steamers ot at least three thousand five hundred tons Jburthen. A lieutenant and a lieutenant junior grade as engineer of- ficers shall have been a oommlssioned marine engineer to the service of the United States or/shall hold a .United States marine license not: helow the grade of chief engineer of Inland steamers of at least one thousand and five hundred tons burthen respectively* A Judge advocate must be a counseior-at-law of the su- preme court ofr this state of at least, five years' standing tt of the grade of lieutenr ant commander or, at least three years' standing if of the grade of lieutenant. A chaplain must be a regularly ordained minister of some religious denomination. § 69. Appointed officers of the naval mi- litia.—The commOdbrel or captain of. tha naval militia shall be appointed, by the governor. The officers on the: staff jot the commanding officer of the »aval militia, the extra officers allowed battalions for staff duty, surgeons and assistant sur- geons of battalions; assistant surgeons, of separate divisions, and chaglains shall be appointed by the «overhor upon the; r«c»; ommendatlon of their; Immediate com- manding officers, except tt» navigating lieutenant arid the gunnery\ officer .of a battalion of naval militia. When the gov- ernor desires to create new orgamzationa-f he shall, have the power In the first in- stance to appoint all 'the offlcers_necei^ eary \ \*\ captain : an d o f at leas t two years ' prac - tice If of the grade of first lieutenant. An officer of the signal corps must have a knowledge of signal-line, telegraphy, topography and map making. A chaplain must be a regularly ordained minister of same religious denomination. - 5, 72. Examinations.—Before being com- missioned, every officer must have passed a satisfactory examination before a board as to his knowledge of military or naval affairs and general knowledge *nd fitness tor the service, and any one falling to pass euch examination shall not be eligi- ble for an office in the militia of the state for the period of one year from the date leal officers Shall be examined as to their general and professional knowledge and fitness.-for th& service only. The fol- lowing are exempt from examination; general officers, the commodore or cap-?] such brigade, or may be appointed by the tain of the naval militia, officers who within thirty days after their disoharge or the expiration of their respective .term of office, are reappointed to the position they previously held; chaplains and those mentioned in section one hundred and two of this chapter. 178. Examining boards.—Boards of ex- amination under the preceding section shall be appointed by the governor or caused by him to be appointed for the national guard by the major-general, for the naval militia by the commodore or Captain as the case may be. Such boards shall consist of hot less, than -three offi- cers, and,shall have the same ptfwer to take evidence, administer oaths.arid com- pel witnesses to attend, arid testify and produce books and- papers and punish their failure to do so, as is possessed by a general court-martial. . When returns of appointments or pro- ceedings of election are; received by /a board; the persons appointed or elected shall by i t be ordered -before it for exam- ination, ahd the, result of the examination with all the papers In the case,-shall be forwarded to the officer ordering the board. 'I.' . • . - ,'- -,.• •* - ,... I 74. Appointed officers and non-commis- sioned Offlcers of the .national•„• guard.— The, major-general of the national guard shall be appointed by the governor .with the consent of the senate; during the time that the senate is not in session, the governor may make such appointment, subject to subsequent confirmation by the senate. The adjutant-generals of the grade of lieutenant-colonel shall be ap- pointed upon the nomination of the nia- jor-gehera|, ahd one adjutant-general of the grade -of major shall be appointed upon, the nomination of the commanding to commence and complete such e4r- | officer lof each brigade. . - -,Y gamzatlon. ARTICLE IV. • Commissioned Officers of the National '\ 'Guard.. Section TO Commissions. 71. Eligibility required to receive a em- mission. 72. Examinations. 73. Examining board. 74. Appointed offlcers and non-commis- sioned officers of the national guard, 75. Elected officers. . 76. Elections. 77. Appeal from an election. '38. Oath of office. : 79. Brevet commissions. 8tt :Supernumerary and retired officers, 81. Resignations. 82, Retireittent and discharge. 1 S3. Examination and discharge of officer. 84. Dismissal. 85. Removal. - . { 70.- Commisslons.-r-All officers shall be commissioned by the governor at his dls- 1 •cToti„n- b,in' ns i>4o shjyi'.be commis-' •sionjed- uriioss the. Conditions; «et, forth in tbn- next \<W sectlofts haw been .compiled | wUti,, and ao one- ahaU fc» recocttlied' a* Art officer unlesa %« snaU\ faavo been^duly •coir. d'tV-a* .dfflee. tfts acceptance of a. c<jm- mirfoB ta the MUltia, ot this stats shall brr. domett * r&sijrnatrort by th» BRmo's accepting- tJia came, of ail after commu* #ions held by wm. in such militia. JN'oth- tag hersiff *haii apply t* et aJfect.th* } The inspectors-general of the grade of lieutenant-colonel shall be appointed upon the nomination of the major-general, and One Inspector-general of the grade of ma- jor shall be appointed upon.the nomina- tion, of the commanding officer of each brigade. •, >'••,• The Judge advocate of the grade of lteur; tenant-colonel < shall be appointed upon the nomination of the. major-general,' and one'judge advocate of the grade of major shaU be appointed: upon the nomination of the commanding officer of each bri- gade. .• ~\ The quartermaster of the grade,Ot lieu- tenant-colonel shall be appointed upon the nomination Of the .major-general, ohe quartermaster of the grade ot major shall be appointed upon the nomination of the commanding officer of each brigade, and the post quartermaster sergeants shall be appointed and warranted by, the major- general upon the nomination of the com- mahaing officer of' the post for Which they dee appointed. Tfc© commissary of the-Krad* o f lieuten- ant-croi'oiiei shall. fc« aftpolntvd *i5«* the nomination ot the, taajor-gvr.eral;, •«#$ ;< officer unless ba ehaH havo been amy f commissary of the grata.® of major *h«D TOi]!i«fioti,ci}, anel shall' have taken the f*o appelated won Hot tiottjicailoti of tto .tli.rtt affiee. The acceptance of a. com- {commandlnsr -officer of each brigade, aP4 tho post commissary s-.-rgcants shall t>a appointed and w.*wranl>;a i>y the? wa>r- general upon the nomination of the com- mandinsf officer of the post for. which they era .appointed. v \OnVHgnSl of&oer of the grade of major [ shall be appointed upon the nomination of the oommanding offlotr of e|ph brigade. Lieutenants assigned to oompanles of-the signal corps shall b#-appointed uponVthe nomination of their Immediate command- ing officers. AS other officer* of the sig- nal corps to be appointed upon the nomi- nation of the major-general The\ lleutenant-bolaftal ahd: one major In the ordnance department shall be ap- pointed upon the nomination et the ma- jor-general; one -.major |ni the* ordnance department shall be appointed upon tho nomination of the 1 commanding offloer of each brigade; one Captain and one first lieutenant in the ordn&noe department arid one ordnance sergeant shall be ap- pointed upon the nomination bf the com- manding officer ot each regiment; and one first lifcutehaht in the ordnance de- partment; and one post ordnance sergeant shall be appointed upon the nomination ot the oommanding .officer of each sepa- rate squadron and separate battalion; and one post ordnance sergeant shall be ap- pointed upon the nomination,of the colo- nel of tha corps of engineers and each colonel of the coast artlUery corps. The surgeon ot the grade of lieutenant- oolenel and one surgeon of the grade of major shall be appointed upon the nomi- nation of the major-general. One surgeon of the grade of major shall be appointed upon the nomination of the commanding officer of each brigade. One surgeon of the grade ot major and three assistant surgeons of the grade of captain shaU be appointed upon the nomination of mum colonel of the coast artillery corps, the; colonel of the corps of engineers and theft commanding officer of. each regiment; one assistant surgeon of the grade of captain and one assistant surgeon of the grade Of first lieutenant shall be appointed upegn the nomination of the commanding officer of each separate squadron and battalion; one assistant surgeon of the grade ot first lieutenant shall be appointed upon the nomination of the commanding officer of each separate battery, aeparata troop, separate company and company of signal corps; and two assistant surgeons of the trade of captain and four assistant sur- geons ot the grade of first lieutenants ghall be appointed upon the nomination of the commanding officer .of the fistd; hospi- tal. The noncommissioned offlcers \Of the hospital corps shall be appointed and warranted aa follows: If unessigned, or assigned to a field hospital, an ambulance company, a separate troop, battery or company by the major general; if as- signed to the corps of engineers or the signal corps by the ranking officer of such corps; If assigned to the coast artil- lery corps by the ranking officer oom- manding the artillery district to which they are assigned; If assigned to any other organisation by its commanding of- ficer. The governor may appoint chaplains as follows; one for each regiment of cavalry, field artillery and Infantry upon the nomi- nation of its commanding officer; one for the corps of engineers upon the nomina- tion of its colonel; one for each twelve companies of coast artillery upon the nomination of the ranking officer com- manding the artillery district In which such chaplain Is t o serve. Captains and lieutenants of regiments, battalions, squadrons, the corps of engi- neers and the coast artillery corps not elected by members of the troops, batter- ies or companies and required for staff duty with the organizations or corps shall be appointed by the governor upon nomi- nation as follows; In the case of regi- ments, battalions and squadrons by the of the corps of engineers by its colonel in the coast artillery corps by the ranking officer commanding the artillery district ba which they are to serve. When the governor desires to create new organizations be shall have the pow- er In the first instance to appoint all the offlcers necessary to commence and com- plete such organizations. Upon the request In writing of two- thirds of the offlcers of a regiment, a bat- talion or squadron not part of a regiment, I of the corps ot engineers serving with the organized battalions, or. of a coast artil- lery district who are entitled to vote for field offlcers, and in case ot a separate troop, battery, company, or division not part of a regiment, battalion or squadron of two-thirds of its line offlcers, the gov- ernor shall thereafter until such request Is withdrawn by a like request In writing, fill any vacancies then existing or which may thereafter occur among the elective officers ot such regiment, battalion or squadron, not a part of a regiment, corps of engineers, coast artillery district, sepa- rate troop, battery or division, by ap- pointment. An officer appointed pursuant to the provisions ot this section, shall be appointed upon the nomination of his im- mediate commanding officer approved by the immediate superior commanding offi- cer of the officer .making such nomina- tion.' { 75.. Elected officers.—Brigadier gener- of such fallure; Judge advocatlBsandmed- frafit sKali be chosen by the field offlcers of the line of the brigade and the command- ing officers of separate troops, -batteries and separate companies, not part of a regiment, battalion or squadron,... but in governor whenever he shaU so deterinine and direct If any vacancy or vacancies exist in the. position of field officer of the line, the ranking company,or troop com- mander or commanders of the organisa- tion in which ..the vacancy or vacancies exist, shall be entitled to Vote. Colonels, lieutenant colonels and majors, command- ers, lieutenant commanders, navigating lieutenants and gunnery officers of. bat- talions of the naval militia, except as otherwise provided in section fifty-nine, shall be elected by the field officers of the line, and: the commissioned officers of the companies or divisions, of the regiment, battalion or squadron not part of a regi- ment, - . •' -, A colonel,' lieutenant <colonel.and four majors; Of the coast artillery corps I n each, artillery district and. the colonel, one lieu- tenant colonel and three majors of engi- neers shall be elected by the offleers of\ the companies, assigned to the same dis- trict; ^ost or arriiOry and ithe coI6riej|,\ lieutenant .colonel; and majors on duty thereat. . Captains and lieutenants' and ensigns of troops, batteries, companies, and divisions, - shall be elected by the members of the respective troops* batter 5 - ies. companies' or divisions, who shall have performed during the period of their membership, not exceeding twelve months preceding: the ejection at least seventy per -centum of the duty required of their troop, battery* company or division, and who shall not be indebted at the time to the civil association of suoli ' troop, hat-; tery, company or division, organized as provided In'this chapter. '».'.\. l f ;?S. - Elections.—-The major-general shall Issue orders tor the election'Of a,briga- dier general When the governor directs. Commanding, officers of brigades shall is- sue orders tor the election of colonels of regiments and majors pf battalions not part of regiments; the commodore or cap- tain of the naval militia shall issue or- ders; for the election of commanders of battalions.- .-'\ • ; Colonels of regiments; the colonel of the corps of engineers, each\ colonel of the coast artillery* corps arid .majors of bat- talions and squadrons riot part of'regi- ments, and commanders of. battalions of the naval mlMtia, shaM issue orders for elections- t o fill all Cther vacancies, to be filled by election, that may exist In their respective commands, corps or districts. For the election of the colonel of the corps of engineers or a colonel of the cpftst artillery cOrps. majors of battalions of field artillery and squadrons not part of regiment* and of officers of aeparata troop*, separate batteries, separate com- panies and divisions, orders shall be ts« sued by tho major general, the respective bilgado commanders or the' commodore or captain of the naval militia, as the caao may foe- Thf*-<M2Bcer ordering an election shall detail an officer to pn^M tten»at and ahdtt give OT CTAstt to tw given at leo,s{ ftv.s days' notice to all ffi« qualified v.dt* fts \svlu-tt and \vhvto nnl ror.irhtt office tin- fV-ctlon in to iftU« pUt-\ ' Suc .jj fln t^ rt jiitall itti *i»vv*'d on *h'; pM-sora »-.nUU<-a to yritn ut such <'tf-ctlojrt IK t)> fara* roumi-r rtS v-.irntfi.ss f.-'r- »iufy f>sn fiHvrt. The p*t-!«>ri or. I: -rains S'-rflfiR- s,ncH rtotW- shall male* return of the f emons ttotli'.ed and of the jrdarmcr of service, -The re- turn, II made \by a. commissioned offloer, shall be. authenticated by fats certificate on honor; It by ain^ri^n^saionsd; ofll- cer, \by the oath of the person making suoh aerviee. The oathj may be admln- istered by .any \person authorised to take the acknowledgment of deeds or by any .commissioned officer, and such' return shall be presented to the,' officer -directed to preside at such election before the polls for such election shall be opened. The oommanding offloer of the organ- izatirin in' which, such 'election is' held shall before the polls, are opened present to the offloer directed.to.preside,:a list-of the persons qualified to vote thereat and a list of persons dlequallfled with 'a state-! ment of the facts constituting such dis- qualification. ' If such disqualification shall be caused by the nonpayment of Indebt- edness, it may be removed by the.pay- merit Ot such indebtedness at any. time before the polls shall be closed, - At the time fixed fqr the election, the officer ordered to preside thereat, or, in his absence an offlcar authorized.by him to act for him, or. In the absence of .such an officer, the commissioned offloer high- est in rank of those present, shall an- nounce the purpose in hand and open, the poys. If it shall happen at any election that legal notice has not been given to all the persona' entitled to rot* thereat, the presiding officer shall adjourn the meeting and cause such notice to be giv- en; but the presence ot a person entitled to vote at any election shall be deemed a waiver of his right to take exception to the want of legal notice to him. If any person offering to vote at any election shall be challenged aa unquali- fied, by any person entitled to vote there- at, the presiding officer shall declare to the person s o challenged the qualifications of, an elector, and if he shall state him- self duly qualified, and the Challenge shall not be withdrawn, the presiding officer shall examine him under 'oath and de- termine as to his quaHficationa aa such elector. * - Aa soon as all the eleotora have cast their votes, or at the expiration of one hour from the opening of the polls, the presiding officer shall declare the polls closed and at once publicly canvass the votes and declare the result of the elec- tion. A majority of the votes of all per- sona present vtfting at an. election shall be necessary to a choice. The presiding officer shall forthwith notify the person elected in writing of his election. If a person eleoted at any such elec- tion shall not, within ten days after be- ing notified of his election, signify his acceptance to the presiding officer, he shall be considered as declining the office to which he shall have been chosen and a new election be held. Should there be no choice, the presiding officer shall adjourn tha meeting to a rea- sonable date, and at that meeting open the polls, for another election, and if such second meeting result In no choice, the governor shall be notified and may then fin the vacancy by appointment. The presiding officer shall forward the proceedings of an election in suoh man- ner aa provided in the regulations Issued under this chapter. f 77. Appeal from an election.—Every person thinking himself aggrieved by the proceedings at an election; may appeal to the governor, by filing at the time of the election with the presiding officer thereat notice of such intended appeal and for- warding a full statement of the grounds of such appeal within fen days from the date on which the election took place. ^ The governor may direct upon such ap- peal, an officer to take testimony in the case, and to report his findings, and such commanding officer thereof; in the case 1 officer shall have the same power to --' * take evidence, administer oaths, issue subpoenas and compel witnesses to at- tend and testify, and produce books and papers and punish their failure to do so, aa la possessed by a general court-mar- tial. S 78. Oath of office.—Every officer duly commissioned shall, within ten days after his commission la tendered to him, or within'ten days after he shall have been notified personally or by mall that the same is held In readiness for him by a superior officer, take and subscribe the constitutional oath of office. Such, oath shall be taken and subscribed before an officer authorized by law to administer an oath or soma general or field officer or an officer who shall hold the assimilated grade of a field officer, who has taken • the oath himself and who is hereby au- thorized to administer the same. In case of neglect or refusal to take and sub- scribe such oath within the time mention- ed, such commission shall be cancelled by the governor and a new appointment shall be made or a new election shall be ordered to fill the vacancy, f 79. Brevet commissions.—The governor may, upon the recommendation of their commanding offlcers, confer brevet com- missions of a grade next higher than the ordinary brevet commissions ever held by them, upon officers of the national guard and of the naval militia in active service for gallant conduct or meritorious service of not less than twenty-five years. He may also confer upon, officers in ac- tive-service in the active militia, who have previously served therein in a high- er grade, or who have previously served in the forces of the United States' in time of war, brevet commissions of a grade equal to the highest grade In which they previously served. Such commissionsshall carry with them only such privileges or rights as are allowed in like cases in the military and naval service of tha United States. «~ i 80. Supernumerary and retired offlcers. —Commissioned Offlcers who shall-bs ren- dered surplus by reduction or dlsband- ment of organisations or In any manner provided by this chapter: now -or here- after, shall be withdrawn from active, service arid placed upon the supernumer- ary list. The governor may, upon the recommendation of the major-general or the commanding officer of the naval mili- tia, respectiveiy, detail superriunwrary o> retlrod officers for. active' duty, in which- case they shall rank In t^eir grade from the date of such detail, and ha may re- lieve them from such duty and return them to . their respective supernumerary W'fttireia-^:at : hia;4forett$k-> .' Any ^officer rendered supernumerary bjf that operation -of this cha**»r or, by any change/ or organization made. I n pursu- ance thereof shall, if appointed within .six: months after being rendered super- numerary to an OfficeJet the same, or a lower rank or grade, be recowmisaiimed without examination with the same date ot rank held by hiri* fat the tftne-ha was so rendered sujperaumieraryi Upon, his own request an officer may be rendered supernumerary for the purpose of aocept- lnga detail as an aid. ••-• „-:•.' .• V, \. § 8L Resignations.—A commissioned of- ficer tendering iris resignation before hav- ing- aerved five years, if the; governor ac- cept It, shall receive an honorable dis- charge; if he has served five.years or more, he shall receive a full and .honor- able discharge: provided ho shall not be under arrest or returned to >a military court for any deficiency, or delinquency, arid provided further its jbe not isdebtod to the state in any manner, and that all bis accounts for money or for pubUo prop- erty be correct In computing the time served,' service as _ an enlisted man snail be allowed, and the service is not v re-» quired to be continnous. If the governor accept the resignation 6t an offloer, who at the time shall be under arrest, under Charges or returned to A military court for any offense, deficiency br delinquency, such officer shall then cease to be an offi- cer of the militia,, and shall receive a; dls-; charge i n ittch form aa the «uveraor shall direct, nor shall ha be agate eligible to re- ceive a commission unless he first re- enlist, aa provided in this chapter in the case of enlisted men dishonorably dis- charged, and until he shall have per- formed at least seventy per centum of duty in each year under#uch enlistment, for two successive years, I 82. Retirement and discharge., — Any officer of tha active roJHUa. who has I rtatlwl the age -of alatty-four years may t>S placed upon. the. retired list by the £0\Tt»«r. Any commlsslor.ed officer «>» shall bavo Sfrwed in the same grade for the *tmti!itt<>u* period Of ten years, or in thn miUUiry *r nav.il service er in* suite f»!S ft i;ornttt]s»lor:F-d officer for fiftem £•<•!'*•*, or In cuso of. an officer of tlie naval jniUtia mtrJntr such service may have fce<*n in the naval Rfrvice of the state \ »nd the United States combined for fif- teen yeiara, : provae«„at least ten years J et such service ShaU have t«en In the ' State, may, upon his own'.request; be placed upon the, retired list and with- drawn from, active service aa^command by the governor. ' -*hy commissioned offl- ;cer who has become or shall hereafter be- come disabled, and thereby Incapable of performing the duties of his office, shall be withdrawn, from active service and command and placed on the retired list Ariy commissioned officer who has be- oome, or who shall hereafter become unr fit or incompetent, arid thereby incapable of performing the duties of his office, •hail be discharged upon the recommenda- tion of bis commanding officer or'therec- ommendation of an inspecting officer. Such retirement or discharge shall be by order of the governor, and, in either case, ShaU be subject to the provisions of this section. Before making such order, a board of not less than five commissioned officers, one of whom shall bs a surgeon, shall be appointed, whose duty it shall be to determine the tacts as. to the nature and cause ot Incapacity of such officer aa appears disabled or unfit, or Incom- petent, from any cause, to perform mili- tary service, and whose case shall be re- ferred to tt No officer, whose grade or promotion would be affected by the deci- sion et such board, in any case that may come before it, shall participate In the examination or decision of the board in such case. Such board Is hereby Invest- ed with the powers of courts of inquiry arid courts martial, and whenever it finds an officer incapacitated for active service, shall report such fact to the governor, stating cause of incapacity, whether from disability, unfitness, or incompetency, and If he approves such finding, such officer shall be placed on 'the retired list or dis- charged, as provided in this article. Tha members of the board shall, before- en- tering upon the discharge of their duties be sworn to an honest and Impartial per- formance of their duties as' members 01 such board. No officer shall be place* upon the retired Hat or discharged by the action of such board, without having had a fair and full hearing before tb« board. If upon dua notice be shall de- mand )*- It shall not be necessary te refer any case for the action of sues board arising under this section, unleai the officer designated to be placed upon the retired list or discharged, shall with- in twenty- days after being notified thai he will be so retired or discharged, servt on the adjutant-general of the state a no- tice fa) writing that he demands a hear- ing and examination before such board. Boards for the national guard shall be appointed by the governor for officer* above the grade of colonel, and by the major-general for offlcers below the grade of brigadier-general; boards for the naval militia shall be appointed by the govern- or, and shall be composed of offlcers of such grade or tank as he may deter- mine. The governor may withdraw from active service and command and place upon the retired list any officer who has been twenty-five years In the active serv- ice of tho national guard, on the recom- mendation of the commanding officer ot his organization, the commanding officer of the brigade, and the major-general, and in the case of offlcers of the corps of engineers and the coast artillery corps and offlcers of staff corps and depart- ments, upon the recommendation of the major-general. Vacancies created by the operation of this section shall be filled in the same manner as other vacancies. i 83. Examination and discharge ot offi- cers.—The governor may, whenever he may deem that the good of the service requires it, order any commissioned offi- cer before a board of examination, to consist of not less than three nor more than five general or field officers, which Is hereby invested with the powers of courts of Inquiry and courts martial, and suoh board shall examine into the moral character, capacity and general fitness for the service, of such commissioned of- ficer, and record and return the testimony taken and a record of its proceedings. If the findings of such board be unfavorable to such officer and be approved by the governor, he shall be discharged from the service. No officer whose grade or pro- motion would In any way be affected by the decision of such board, in any case |' that may come before it, shall partici- pate In the examination or decision of the board In such case. Failure to appear when ordered before a board constituted under this section, shall be sufficient ground for a finding by such board that the officer ordered to appear be dis- charged. An officer discharged under the provisions of this section shall not be eliglblo for election or appointment as a commissioned officer in the militia, unless he first re-onllsts as provided in the case of enlisted men dishonorably discharged, and until he shall have performed at least eighty per centum of duty in each year after such enlistment for three suc- cessive years. . t 84. Dismissal.—An officer who shall have been absent without leave for a period of six months or more shall be dismissed by the governor. 8 85. Removal.—A commissioned officer cannot be removed from office without bis consent, except by the senate upon the recommendation of the governor, the sen- tence of a general court-martial, or as provided in this chapter. ARTICLES V. Enlisted Men of the National Guard and Naval Militia. Section 06. Enlistment*. 96. Re-enlistments. •7. Enlistment papers. -- 98. Transfers. S9. Non-commissioned staff and chief petty officers; non-commissioned and pet- ty officers, 100. Dropping from the rolls. 101. Taking tip from dropped. 102. Retirement., 103., Discharges. 104.;'War service. I 95. Enlistments.—An able-bodied man et; good character, who can read arid write and who is a citizen of the United States or has declared his Intention to become such, may be enlisted in the na- tional guard' or naval militia of this state for a term* of not less than five years; but'tniay Continue to servo under his eri- lfstment after the expiration of .such term until discharged as hereinafter pro- vided.. Chief and principal musicians, privates of the hospital corps and musi- cians may bo enlisted as such, No man: shall be enlisted who holds a commission in the militia of this state. No man shall be enlisted Who is forty-five years and more of age, or less than eighteen years Old, except that men who are sixteen years and more of age may be enlisted: as musicians. No minor shall be enlisted without the written consent of his parent or guardian. A man who has been ex- pelled or dishonorably discharged, or dis- charged without \honor from any mili- tary or naval organization of the- state shall not be eligible for enlistment or re- enlistment unless be produce the written Consent to, such \enlistment of the com- manding officer of the organization from which he was expelled or dishonorably discharged, or discharged without honor, and of the commanding officer who ap- proved such expulsion or issued such dis- charge. \Men who have \been discharged by reason of dlabandment may be enlist- ed and shall then receive credit for the period served at the time of such dls- bandment. A man discharged for phys- j leal disability shall If ' such -disability cease,, and he again enlists, or, a man discharged upon his own request shall, if he again enlists, receive credit for the period served, prior to aucb discharge, :,«} ?g. Re-enlistments.->-Any man who has served the period of his original enlist- , 'meftt may be : re*enHi»teq for' tt term Of one yea_r or riiore. jvlo man above the age of forty-flve years shall be re-eullsted ex*- cept by permission, of the commanding officer of the brigade or division to which the organization or «orps is attached, or \ Of the naval militia. If the re-^alistetent i be therein. A man applying for re-enjla- ment toust paw tiie physical examination prescribed by regulations, $ St. Enlistment, papers.—lEwrV £*rsan J whs «»H#ts -or w-enltsts shall sign ancf miitcij piXth to e» .enlistment ptvper wbtefe shaU contain art oath o? allcsianc'f' l* the utate and the ITnlted SlfRfs, nnd be in Mit-h form as ro.-iy >•- pffeeribiHl In t.T-.o r» % jru!atJons J-OUKMI UIPJ.'T ijil^f cli.-ipt<+. -j Such oath K!ial! ba takr-n find jdibsc.-Ibi-d to bt'or^ any olficf-r .ibny* the rrink of first. lieutenant or lieutenant, junior e, or before the commanding office! of a\ troop, battery or company and audi offlcea-s are hereby authorised to admin* later t U ch oath; but no enlistment snaU be vauid until it be approved, to - regi- ments t^nd battalions and squadrons net parts ot\ regiments, by the commanding officer tb%eof; in Corps of engineers by the colonsu; in coast artillery corps by the ranklngr officer commanding the artil- lery districts in detachments attached to the corps or engineers by the colonel at the corps of engineers; and In. any ether organization, cWps 0 r detachment by tha commanding officer of the organisation er district In which the enlisted man a* to serve or to whlchVJbe i s to be attached. A person making av false oath as to any statement obntain«d in audi ehUstmeat paper shall upon \cenvlction ba dessriaaV guilty of perjury. I 88. Transf«.-lEri\Hsto4 men nay se transferred upon theirXown apxUoatlesi as follows: v ^^ In the same rsgiman* •? oattaflect t squadron not a part of V regiment fforit one company, troop, battery •* dtrlsisn to another by the cemmatadmg officer, of such regiment, battalion \Sr squadron- from one company ef the ejorps ef engi- neers to another in the satae corps by the colonel of the corps oil engineers; from one company of the cosift artillery corps to another In the eainaj artifices district by the officer commanding; - thi district; from one regiment, eepaitata bat*. tallon, separates, company or division tt another In the same brigade by th* cem« manding officer of the brigade. In ttjie m& val militia by Its commanding officer \froril the naval militia to tha national srosint and vice versa by tb' governor; In\ali other cases by.-thajt' »r -general. Kon-commlsstoned a-.d petty offta must be returned to the ranks before thi can be transferred. 9 89. Non-commissioned staff and ehtei petty offlcers; non-commissioned and staff* officers. — Non-commissioned stall offlcers, chief petty officers, non-commis- sioned offlcers and petty officers shall b* warranted by: a. In regiments and In battalions 01 squadrons not part of a regiment and corps or detachment attached thereto bj the commanding officer of the regiment, battalion or squadron; , t b. In the corps of engineers and corps and detachments attached thereto by tin colonel; c. In the coast artillery corps and eorpt and detachments attached thereto by tha ranking officer commanding Van artillery district In which the man la te serve; d. In separate troops, batteries, compa- nies, and in the signal corps by tha com- manding officer of the brigade or the ma- jor-general aa the case may be; e. Petty offleers of separate division* shall be warranted by the commanding officer of the naval militia; X. In all oases not hereinbefore provided for by the major-general. All non-commissioned officers shall be warranted in the discretion of the offlcei Issuing the warrant upon the written nomination of the officer under whose im- mediate command they shall respectively serve. No enlisted man shall be war- ranted as a non-commissioned officer un- less he shall have passed a satisfactory examination before a board of examin- ers, to be appointed by the officers au- thorised to Issue such warrant, except persons nominated- for appointment aa post non-commissioned staff offlcers who shall be examined by the board of exam- iners for non-commissioned officers ap- pointed for the organization, corps or coast artillery district to which they are to be detailed or with which they are to serve. The officer warranting a non-com- missioned or petty officer shall have pow- er to reduce him to the ranks for good and sufficient reasons; but a non-com- missioned or petty officer enlisted as such shall be discharged. Non-commissioned or petty officers who shall be dropped va- cate their positions. S 100. Dropping from the rolls.—An en- listed man. who shaU remove bis resi- dence to such distance from phe armory of his organization or the armory post or dlstriat at which he i s detailed to serve as to render It Impracticable for him to perform his duties properly, or who, after due diligence, cannot be found, may bs dropped from the rolls by order of the officer authorized to approve his enlist- ment or In case ef a post non-commis- sioned staff officer, by the xnajor-oenatsJU S 101. Taking up from droppad.--An j en- listed man dropped by reason ot removal may be taken up at any time within three years after such removal, ta ma former or any other organisation, obtain- ing In the latter case first the written per- mission of the officer under whose liTima dlate command he served when dropped, approved by the officer upon whose order he was dropped. An enlisted man drop- ped for removal may be taken up at any time after three yean after such re- moval, upon his own application, approved by the officer upon whose order he was dropped. The taking up shall be done under the orders of any offloer who is authorized to order the dropping of meni and men thus taken up shall receive cred- it for the time served before having been dropped. An enlisted man shall not ba taken up from dropped until he has pass- ed the physical examination required upon enlistment. 5102. Retirement—The governor may ap- point enlisted men and commission them without examination, second lieutenants or ensigns by brevet, upon the recom- mendation of the officer under whose im- mediate command they are serving, arid place them upon the retired list at the same time, provided they have well and faithfully served the state in the national guard or naval militia, or In both com- bined, for a period ot twenty-five years. 1103. Discharges.—An enlisted man shall be entitled to,- or may In the discretion of the Officer authorized to issue his dis- charge, receive: 1. A full and honorable disoharge. 2. An honorable discharge. 8. A discharge. ' , ,\ 4. A dishonorable discharge, 6. A discharge without honor. A full and honorable discharge shall be Issued under the following conditions: Namely, to a man who has performed in each year of his service required by tha conditions of his enlistment or re-enilat- ment, or during his total service in case the same has been extended beyond the term for wbich he enlisted, at least sev- enty per centum of the duty prescribed by law arid orders and who has returned or has been lawfully relieved from re- sponsibility for all public property tor. which he i s responsible. A man who fails to perform: seventy per centum of re- quited duty during any year of his serv- ice may, in the discretion of this com- manding Officer, continue in service, and make up such deficiency. Discharges, may be issued under the fol- lowing conditions: An honorable dischare* or a discharge: a. To a non-commissioned etaff or chief petty officer; or non-commissioned or pet- ty officer enlisted as'such; b. To. a man at his own request, pro- vided he assign sufficient and valid rea- son;; - .-.-'• c To a man physically disabled for the proper pertorihahee of duty; d. To 1 man rendered sujjias1 by the reduction of the organization of which,h. is a member,''or, who Is a member, of an organization which shall be disbanded; e. To a man \who has,served the ternopf his enlistment or re-enlistment and is not entitled t o a.full and honorable discharge. A dishonorable discharge shall be Is- sued: f. To a man sentenced by a general cbarl .martial to be so discharged; g? TO a man fined by a tniutary or na- • val court who talis to pay auch fine with- in thirty days after-it was imposedS h. To a man convicted of a felony; i To a man expelled in accordance with by-laws lawfully adopted* from the or- ganisation i n which he fe a member. A dishonorable discharge, or, a dis- charge without honor shall be issued: tV a man, when the officer ttnder whose tmm'edinie eommiina he is serving applle* for lite dlsilsaTKo tor the good of the-serv-- ice. Tli\ implication for Ihl* discbarge shall *>*• dlt-'-ctol to the officer authorized ti, 1-Kj..- it and -shaU briefly etate the grounds upon which th* ulBcharije is ap- Iillr-rr lor. 'The nmi whese uischarjre i* applied for shall be entitled to OT heard In pprtr-n to oxplatn thp statements con- tained ia the application and shall have .M •~j?m WfQMSBttm