2. Amended by Stats. 1907, p. 828. 3. By Stats. 1915, p. 677. See ante, Legislation Article II.

§ 1968. Brevet commissions. The commander-in-chief may, upon the recommendation of their commanding officers, confer brevet commissions of a grade next higher than the ordinary or brevet commissions ever held by them, upon officers of the national guard in active service for gallant conduct. Such commissions shall carry with them only such privileges or rights as are allowed in like cases in the military and naval service of the United States.

Legislation § 1968. Added by Stats. 1905, p. 267. See ante, Legis

$ 1984. Appointment of non-commissioned officers.

§ 1985. Honorable discharge. Before expiration of term of service. Reasons. Dishonorable discharge. Discharge without honor. Dishonorable discharge bar to re-entry and to holding office. § 1987. Desertion.

§ 1986.

Legislation Article III. 1. Enacted March 12, 1872, and was then entitled "Regiments and Battalions," the sections, amendments and repeals thereof, and additions to the article, being as follows (the cross-reference in parentheses indicating a transfer of the subjectmatter): § 1980, added 1889, p. 432; amended 1891, p. 123; 1895, p. 184; 1897, p. 412 (repealed 1905). § 1981, added 1893, p. 109; 1897, p. 413; repealed 1901, p. 586. § 1982, amended 1880, p. 53; 1893, p. 105; 1897, p. 413; 1901, p. 586 (repealed 1905). § 1983, amended 1895, p. 185; repealed 1901, p. 586. § 1984, amended 1877-78, p. 35; 1893, p. 106; 1895, p. 185; 1897, p. 413; 1901, p. 586 (repealed 1905). § 1985, amended 1877-78, p. 35; 1895, p. 185; 1901, p. 587 (repealed 1905). § 1986, amended 1880, p. 53; 1897, p. 414 (repealed 1905). § 1987, repealed 1895, p. 186. § 1988, repealed 1895, p. 186. § 1989, repealed 1895, p. 186. § 1990, amended 1877-78, p. 35; 1880, p. 54; 1881, p. 32; 1887, p. 84; 1889, p. 429; 1891, p. 124; 1893, p. 106; 1895, p. 186; 1897, p. 414; repealed 1901, p. 587. § 1991, amended by act of April 1, 1872; repealed 1880, p. 55. Another § 1991 added 1895, p. 186 (see ante, § 1953). § 1992, amended 1880, p. 56; 1893, p. 106; repealed 1901, p. 587. § 1993 (see post, § 2096). 2. Repealed by Stats. 1905, p. 258, in repealing the old and substituting a new Chapter II, Title IV. 3. New Article III enacted by Stats. 1905, p. 267. See ante, titles "Legislation," Title IV, Chapters I, II; and compare, generally, the various subdivisions of this title.

§ 1980. Who may enlist. Term. Musicians. Any male who is a citizen of the United States or has legally declared his intention to become a citizen, of more than eighteen and less than forty-five years of age, able-bodied, free from disease, of good character and temperate habits, may be enlisted in the national guard of this state, under the restrictions of this state, for a term of not less than three years; provided, that any man having served one enlistment satisfactorily in the national guard of this state, or in the United States army or navy,

may re-enlist for one, two, or three years at his option; and provided, further, that boys may be enlisted as musicians if more than sixteen years of age. No minor shall be enlisted without the written consent of his parent or guardian. A man who has been expelled or dishonorably discharged from any military organization of the state or the United States shall not be eligible for enlistment or re-enlistment unless he produce the written consent to such enlistment of the commanding officer of the organization from which he was expelled or dishonorably discharged. Men who have been discharged by reason of disbandment may be enlisted and shall then receive credit for the period served at the time of such disbandment. Chief musicians, principal musicians, and drum majors, members of the hospital corps, and musicians may be enlisted as such. [Amendment approved 1911; Stats. 1911, p. 327.]

Legislation § 1980. 1. Added by Stats. 1905, p. 267. 2. Amended by Stats. 1911, p. 327. See ante, Legislation Article III.

§ 1981. Applications for membership. Applications or propositions for membership in any troop, company, battery, organized corps, or naval division of the national guard shall be made only at a regular weekly meeting or assemblage of such organization; and the names of such applicants shall be posted in a conspicuous place in its headquarters or armory until the next succeeding regular weekly meeting or assemblage of such organization, at which time, and not before, such applicant may be balloted for. [Amendment approved 1915; Stats. 1915, p. 677.]

Legislation § 1981. 1. Enacted by Stats. 1905, p. 267; an amendment of old § 1976. 2. Amended by Stats. 1915, p. 677. See ante, Legislation Article III.

§ 1982. Oath of officers and members. All officers and enlisted men of the national guard, on becoming members and before performing duty and at each subsequent re-enlistment, must take and subscribe the following oath, which all commissioned officers thereof are authorized to administer: "I do solemnly swear that I will support the constitution of the United States and the constitution of the state of California, and will maintain and defend the laws and all officers employed in administering the same." Which oath, certified by the officer administering the same, must be forwarded to the adjutant-general and be preserved with the rolls of companies. Oaths of re-enlistment shall show on the margin the number of the enlistment.

Legislation § 1982. Enacted by Stats. 1905, p. 268; substantially the same as old § 1921. See ante, Legislation Article III.

§ 1983. Transfers. Enlisted men may be transferred upon their own application in the same regiment, battalion or squadron not part of a regiment, from one company or troop to another, by the commanding officer of such regiment, battalion or squadron; from one regiment, battalion or squadron not part of a regiment, signal corps, unattached troop or company, to another in a brigade, by the commanding general of that brigade; from an organization in one brigade to an organization in another brigade, by the commander-in-chief. Non-commissioned officers must be reduced to the grade of private before they can be transferred. No transfer shall be made except upon the approval of the commanding officers of the organizations affected.

Legislation § 1983. Added by Stats. 1905, p. 268. lation Article III.

See ante, Legis

§ 1984. Appointment of noncommissioned officers. Commanding officers of regiments and of battalions and squadrons not part of regiments shall appoint and warrant the noncommissioned officers of their respective regiments, battalions and squadrons, and they shall, in their discretion, warrant the noncommissioned officers of the troops, batteries and companies of their respective regiments, battalions, and squadrons from the members thereof, upon the written nomination of the commanding officers of the troops, batteries and companies, respectively. In troops, batteries and companies not part of a regiment, battalion, or squadron, but attached to a brigade, the noncommissioned officers shall be warranted by the brigade commander, in his discretion, from the members thereof, upon the written nomination of the commanding officer of such troop, battery or company. In troops, batteries, companies, and corps except the coast artillery corps, not attached to a brigade, regi: ment, battalion, or squadron, the noncommissioned officers shall be warranted by the adjutant-general, in his discretion, from the members thereof, upon the written nomination of the commanding officer of such troop, battery, company or corps. The officer warranting a noncommissioned officer shall have power to reduce to the ranks, for good and sufficient reasons, the noncommissioned officers warranted in accordance with this section; but such as were enlisted as noncommissioned officers shall be discharged. [Amendment approved 1915; Stats. 1915, p. 677.]

Legislation § 1984. 1. Added by Stats. 1905, p. 268. 2. Amended by Stats. 1915, p. 677. See ante, Legislation Article III.

§ 1985. Honorable discharge. Before expiration of term of service. Reasons. Dishonorable discharge. Discharge without honor. An honorable discharge shall be issued under the following circumstances, viz.: to a man who has faithfully performed his duties during his term of service as required by the conditions of his enlistment or re-enlistment, or during his total service, and who has been lawfully relieved of all responsibility for public property issued to him, and from all accountability to his organization. Unless unavoidable circumstances intervene such discharge will be furnished an enlisted man at once upon the expiration of his term of service, which term will date from the taking of the oath of enlistment or re-enlistment. Proper steps shall be taken in due time for the settlement of the enlisted man's accounts and responsibility for property, and forwarding the necessary papers so as not to withhold the discharge after it is due.

Any enlisted man may be honorably discharged before the expiration of his term of service by order of the commanding officer of a regiment, of the coast artillery corps, of the naval militia, or unattached battalion or squadron, or, if a member of an unattached company or troop, by the brigade commander or the commander-in-chief, upon the recommendation of his commanding officer, for any of the following reasons:

1. To accept promotion by commission;

2. To enlist in the United States army, navy, or marine corps; 3. Upon disability established by a certificate of the medical officer; 4. Upon removal of residence from the state or out of the bounds of the command to which he belongs to so great a distance that in the

opinion of the commanding officer he cannot properly perform his military duty;

5. At the discretion of the officers authorized to issue discharges upon the recommendation of the company, troop, or other immediate commander, when the man seeking discharge shall make application and furnish satisfactory proof under oath that further service in the national guard will entail great loss and unusual hardship upon him; such discharge shall not be granted when a man is ordered into active service, or until he shall have served one year of the term of enlistment in force at the time of his application for such discharge;

6. To a man rendered supernumerary by the reduction of the organization of which he is a member; or who is a member of an organization which may be disbanded.

A dishonorable discharge shall be issued:

1. To a man sentenced by a general court-martial to be discharged; 2. To a man convicted of a felony in a civil court;

3. To a man for neglecting or refusing to pay any fine imposed by a military court within thirty days after it was imposed.

A discharge without honor may be issued:

1. By sentence of a general or summary court-martial;

2. Whenever the commanding officer of a company shall approve the application of two thirds of the members of the company for the discharge of an enlisted man thereof; provided, that at a regular meeting of the company, or at a meeting called for that purpose, two thirds of the members of the company desire by vote the discharge of one of their members;

3. To a man whose immediate commanding officer applies for his discharge without honor. The application for such discharge shall be directed to the officer authorized to issue it, and shall briefly state the grounds on which the discharge is applied for. The man whose discharge is applied for shall be entitled to be heard in person to explain the statements contained in the application and shall have ten days' notice of such hearing, a copy of the application and of the notice of time and place of hearing being served on the man in the same manner as warnings for duty are given. If the officer authorized to issue the discharge approves of the application of the immediate commanding officer after the conclusion of the hearing above provided for, he will issue the discharge, and if he disapproves, the man will not be discharged;

4. The officers authorized to issue discharges may also upon application of company commanders, discharge without honor, if convinced after proper investigation that such discharge should be issued, any enlisted man who habitually absents himself from the drills and instruction of his organization, or has shown a lack of interest in his military work sufficient to warrant the same;

5. Or any enlisted man may be discharged without honor for the good of the service by the commanding officer of the regiment, coast artillery corps or unattached battalion or squadron, or if a member of an unattached company or troop, by the brigade commander, or in other instances by the commander-in-chief, upon the recommendation of a company or troop commander and after a careful investigation by the officer issuing the discharge.

The officers authorized to issue the discharges hereinbefore specified are: The commanding officer of a regiment, or of a battalion or squadron not part of a regiment or the coast artillery corps; the commanding officer of a brigade for any organization attached to the brigade and not above specified; the commanding officer of the naval militia and the commanderin-chief. [Amendment approved 1915; Stats. 1915, p. 671.]

Legislation § 1985. 1. Enacted by Stats. 1905, p. 269; an amendment of old § 1929. 2. Amended by Stats. 1907, p. 828. 3. By Stats. 1909, p. 631. 4. By Stats. 1911, p. 328. 5. By Stats. 1915, p. 671. See ante, Legislation Article III.

§ 1986. Dishonorable discharge bar to re-entry and to holding office. No enlisted man dishonorably discharged from the national guard shall be permitted to again enter any company of the national guard, or to be commissioned in the national guard, except the offense is pardoned by the commander-in-chief.

Dishonorable discharge, effect of: See ante, § 1967.
Legislation § 1986.

Enacted by Stats. 1905, p. 269; an amendment of part of old § 1932. See ante, Legislation Article III.

§ 1987. Desertion. If any member of the national guard absents himself for a period of three months from all drills, or parades of his company, he will be carried as a deserter, except when such absence is caused by sickness, the fact of such sickness to be established by doctor's certificate and his commanding officer will furnish a statement setting out all the facts, forwarding the same through military channels to the adjutant-general, who may authorize the soldier to be dropped as a deserter.

If any member of the national guard when on duty with his company, by order of the proper authority for the suppression of insurrection, preservation of the peace, or similar duty, willfully absents himself from his command for more than twenty-four hours, he shall be carried as a deserter, and his commanding officer will take immediate steps to secure such deserter's arrest.

Deserters in time of insurrection, or disturbance of the peace, when captured, or when voluntarily surrendering themselves, will be brought before a court-martial according to the statutes of California and the rules and articles of war.

Lists of deserters will be published by the adjutant-general, in orders, for the information of the national guard of California.

A deserter will make good the time lost by desertion, unless discharged by competent authority. He will be considered again in the service from the date of his apprehension or surrender; but if a deserter enlists while in desertion, such service shall not be counted as making good time lost by desertion.

A deserter will not be restored to duty without trial except by authority competent to order his trial; such restoration, being ordered in case the desertion is admitted, does not remove the charge of desertion or relieve the soldier from any of the forfeitures attached to that offense; he must make good the time lost by desertion, refund the expenses paid for apprehension and delivery, and forfeit pay while absent. The same authority is competent to set aside a charge of desertion as having been erroneously made and his order to this effect operates to