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or returning from, any place at which he may be required to attend for military duty.

Legislation § 2093. Enacted by Stats. 1905, p. 280; identical with old § 2021. See supra, Legislation Article VIII.

$ 2094. Right of way. Freedom from interference. The commanding officer of any portion of the active militia parading or performing any military duty in any street or highway may require any or all persons in such street or highway to yield the right of way to such militia; provided, the carriage of United States mail, the legitimate functions of the police, and the progress and operations of the hospital ambulances and fire-engines and fire departments, and apparatus of the insurance patrol shall not be interfered with thereby. All others who shall hinder, delay or obstruct any portion of the active militia whenever parading or performing any military duty, or who shall attempt so to do, shall be guilty of a misdemeanor.

Legislation & 2094. Added by Stats. 1905, p. 280. See supra, Legislation Article VIII.

§ 2095. Trespassers and disturbers to be placed in arrest. The commanding officer upon any occasion of duty may place in arrest during the continuance thereof any person who shall trespass upon the campground, parade-ground, armory, or other place, or molest the orderly discharge of duty by those under arms, or shall disturb or prevent the passage of troops going to or returning from any duty.

Legislation $ 2095. Added by Stats. 1905, p. 280. See supra, Legis. lation Article VIII.

$ 2096. Bands. When bands of music have not been organized for any regiment or battalion in the manner provided in the regulations of the army of the l'nited States, such regiment or battalion, through its commanding officer, may hire the services of any band of musicians; and the persons so employed are, during the term of their engagement, subject to the same laws and regulations that govern the military with which they may serve.

Legislation § 2096. Enacted by Stats. 1905, p. 280; an amendment of original code § 1993. See supra, Legislation Article VIII.

$ 2097. Decorations and medals. The insignia of the Veterans of the Mexican War, the Military Order of the Loyal Legion, the Grand Army of the Republic, the United Spanish War Veterans, and of the armies or army corps, indicating actual services in the field, medals presented by the United States, and state, or by the Native Sons of the Golden West, indicating service in the Spanish-American War, and badges indicating long and faithful service in the national guard of this and other states, and state decorations for markmanship, may be worn by officers and men of the national guard entitled to them, upon the breast, in one line, on the dress or full-dress uniform coat, the top of the ribbons on a line with the armpit, in the order named above, from right to left. No other medals, badges, ribbons, or decorations shall be worn.

Legislation § 2097. Enacted by Stats. 1905, p. 280; an amendment of old § 1916. See supra, Legislation Article VIII.

§ 2098. Exemptions, etc. (1) All officers and enlisted men of the national guard who comply with all military duties, as provided by law and regulations, are entitled to the following privileges and exemptions, viz.: Exemption from road-tax and head-tax of every description, except poll-tax provided for in article thirteen, section twelve, of the constitution; exemption from jury duty, and service on any posse comitatus. All officers and enlisted men who have faithfully served in the military service of this state for the space of seven consecutive years, or eleven years not consecutive, and received the certificate of the adjutant-general certifying the same, are thereafter exempted from further jury duty and military duty except in time of war. And the adjutant-general must issue such certificate of exemption when it appears that the party apply. ing is entitled to the same.

(2) Officers and enlisted men heretofore or hereafter honorably discharged or mustered out of the service by reason of the disbandment or consolidation of any organization, or by the provisions of any act of the legislature, shall be, and the same are hereby entitled to all the privileges and exemptions mentioned in this section, upon making a proper application therefor; provided, they shall have served at least five years continuously in the national guard.

(3) Former members of the national guard who have been honorably discharged for "expiration of term of service" or on account of “removal," and have returned to the limits of their commands, and officers who have resigned, been honorably discharged, or whose terms have expired, who re-enlist or re-enter the national guard within ninety days from the date of their discharge or the expiration of their term of office, will be given credit for continuous service and the enlistment considered consecutive.

Legislation & 2098. Enacted by Stats. 1905, p. 281; an amendment of old § 1936. See supra, Legislation Article VIII. § 2099. Compensation for disabled members of national guard. Deemed employee of state. Basis of compensation. In all cases in which any officer or enlisted man of the national guard of the state of California shall be wounded, injured, disabled or killed while in the service of the state, such officer or enlisted man, or the dependents of such officer or enlisted man, shall be entitled to receive compensation from the state of California, in accordance with the provisions of an act entitled, “An act to promote the general welfare of the people of this state as affected by accident causing the injury or death of employees in the course of their employment, by creating a liability on the part of employers to compensate such employees and their dependents for such accidental injury or death irrespective of the fault of either party, and providing the means and methods of enforcing such liability; and creating a 'state compensation insurance fund' to insure employers against such liability and providing for its administration and regulating such insurance by other insurance carriers; and requiring safety in all employments and places of employment in this state and providing the means and methods of enforcing such safety; and requiring reports of industrial accidents; and providing penalties for offenses by employers, their officers, agents, and by employees and other persons and corporations; and creating an industrial accident commission, providing for its organization, defining its powers and duties and providing for a review of its orders, decisions and awards; and appropriating moneys to carry out the provisions of this act; and repealing all acts and parts of acts inconsistent with the provisions of this act," approved May 26, 1913.

In all such cases, such officer or enlisted man shall be held and deemed to be an employee of the state of California. The compensation to be awarded to any such officer or enlisted man, or to the dependents of any such officer or enlisted man, shall be ascertained, determined and fixed upon the basis of his average income from all sources during the year immediately preceding the date of such injury or death, or the commencement of such disability; provided, however, that such compensation shall in no case exceed the maximum prescribed in said act approved May 26, 1913. [Amendment approved 1915; Stats. 1915, p. 693.]

Legislation & 2099. 1. Enacted by Stats. 1905, p. 281; an amend. ment of old § 1943. 2. Amended by Stats. 1915, p. 693. See supra, Legislation Article VIII.

$ 2100. By-laws. Regimental, battalion, and company rules of gov. ernment and by-laws, regularly adopted by a majority of the elected officers of such regiments and battalions, or members of companies, and approved by the commander-in-chief, may be adopted and enforced in such regiments, battalions, and companies, if they are not in conflict with the laws and regulations of this state.

Legislation § 2100. Enacted by Stats. 1905, p. 281; identical with old § 1934. See supra, Legislation Article VIII.

§ 2101. Fines. All fines and penalties for non-attendance upon drills, parades, and inspections, legally determined and imposed under the provisions of such rules and by-laws provided in section two thousand one hundred, may be collected by action in justices' court, in the name of the people of the state of California; and the books and records of regiments, battallions, and companies, and the proceedings under which delinquents are fined, are prima facie evidence of the facts therein stated.

Legislation g 2101. Enacted by Stats. 1905, p. 281; an amendment of old § 1935. See supra, Legislation Article VIII.

§ 2102. Honorary members. Each company, troop, or division of the naval militia, may have not to exceed twenty honorary members, who shall pay fifty dollars per annum into the civil fund of the company, troop, or division, and shall thereupon be entitled to all exemptions to which those on the active list are entitled, and shall not be required to drill or perform any military duty by reason of such membership. [Amendment approved 1909; Stats. 1909, p. 637.]

Legislation § 2102. 1. Added by Stats. 1905, p. 282. 2. Amended by Stats. 1909, p. 637. See supra, Legislation Article VIII.

$ 2103. Rules and regulations. The commander-in-chief is hereby authorized to make such rules and regulations as he may deem expedient, but such rules and regulations shall conform to this act, and, as nearly as practicable, to those governing the United States army, and when promulgated shall have the same force and effect as the provisions of this chapter. The rules and regulations in force at the time of the passage of this chapter shall remain in force until new rules and reguLations are approved and promulgated.

Legislation $ 2103. Added by Stats. 1905, p. 282. See supra, Legis. lation Article VIII.

$ 2104. Custom and usage of the United States army. All matters relating to the organization, discipline and government of the national guard not otherwise provided for in this title or in the general regulations shall be decided by the custom and usage of the United States army or navy, respectively.

Legislation & 2104. Added by Stats. 1905, p. 282. See supra, Legislation Article VIII.

$ 2105. Colors. The colors carried by organizations of the national guard shall be such as are borne by similar organizations of the United States army, except that the regimental or battalion colors may have thereon the state coat-of-arms, instead of the arms of the United States; that no military organization provided for by the constitution and laws of the state and receiving state support, shall, while under arms, either for ceremony or duty, carry any device, banner, or flag of any state or nation, except that of the United States, or the state of California. (Amendment approved 1907; Stats. 1907, p. 832.]

Legislation § 2105. 1. Enacted by Stats. 1905, p. 282; identical with first sentence of old § 1942. 2. Amended by Stats. 1907, p. 832. See supra, Legislation Article VIII.

$ 210€. Oaths. Oaths required in any matter connected with the military service may be administered and certified by any duly commissioned officer of the national guard of California, or other officer authorized to administer oaths under the laws of the state of California, and do charge shall be made for the same. [Amendment approved 1913; Stats. 1913, p. 1116.]

Legislation § 2106. 1. Enacted by Stats. 1905, p. 282; an amend. ment of original code, ş 1940. 2. Amended by Stats. 1913, p. 1116. See supra, Legislation Article VIII.

$ 2107. State armory board. Powers. Duties. The adjutant-general, the officer with the rank of lieutenant-colonel in the adjutant-general's department, the inspector-general, the judge advocate.general, and the commanding officer of the brigade within whose command the armory or arsenal may be located, shall constitute the state armory board. Said board shall have control of all armories or arsenals built by the state, or that may come into possession of the state, or any building or buildings that may be erected, purchased or provided by any town, city, county, or city and county, for armory or arsenal purposes pursuant to any legislative act. It shall be the duty of the board, under the direction of the governor, to make and enforce regulations for the government and control of such armories and buildings, and where appropriations have been made therefor, to advertise for and receive bids for the construction of armories, or arsenals, to enter into contract for the construetion and completion thereof, to contract for and purchase the furvisbings therefor, and to purchase and lease real estate for the purpose of erecting armories or arsenals thereon; provided, that it shall be the

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duty of the state engineer to furnish the plans, estimates and specifications for all armories and arsenals, and to superintend the erection and construction of such buildings. [Amendment approved 1915; Stats. 1915, p. 676.]

Legislation § 2107. 1. Added by Stats. 1909, p. 452. 2. Amended by Stats. 1915, p. 676. See supra, Legislation Article VIII.

ARTICLE IX.

Naval Militia, § 2111. Naval militia. Location, § 2112. Strength. Officers. Organization. Courts-martial. Command of

vessel. Engineer division. Marine section. Legislation Article IX. Added by Stats. 1905, p. 282, in repealing the old and substituting a new Chapter II, Title IV. See ante, Legislation Title IV, and Legislation Chapter II.

§ 2111. Naval militia. Location. The organized naval militia of California shall consist of such number of deck and engineer divisions and companies of marines as the commander-in-chief may from time to time prescribe, the total number of such divisions and companies not to exceed fourteen. The naval militia shall be located throughout the coast of the state of California at the discretion of the commander-in-chief. The words “division” and “company” as used in this chapter in connection with the naval militia shall have the same meaning and effect as "company" when used in connection with infantry as used in this chapter, and the word "battalion” as used in this chapter in connection with the naval militia shall have the same meaning and effect as "battalion" when used in connection with infantry as used in this chapter. The several divisions and companies of marines of the naval militia shall be organized into battalions at the discretion of the commander-in-chief. [Amend. ment approved 1915; Stats. 1915, p. 678.]

Legislation § 2111. 1. Added by Stats. 1905, p. 282. 2. Amended by Stats. 1907, p. 833. 3. By Stats. 1909, p. 637. 4. By Stats. 1913, p. 1118. 5. By Stats. 1915, p. 678. See supra, Legislation Article IX.

§ 2112. Strength. Officers. Organization. Courts-martial. Command of vessel. Engineer division. Marine section. The numerical strength, rank, titles and insignia of rank of the divisions and companies of marines of the naval militia shall conform as nearly as may be deemed practicable by the commander-in-chief to the laws, rules and regulations of the United States navy, and such rules and regulations as may be prescribed by the secretary of the navy for the naval militia. The naval militia shall be organized into a naval brigade, which shall consist of two administrative battalions, each battalion to comprise not less than four nor more than seven divisions or marine companies.

The officers, chief warrant officers, warrant officers and enlisted men of the naval militia of California shall be of such number and grades as may be prescribed by the commander-in-chief and the same shall be as nearly as practicable of the same number and grades as are authorized or prescribed by the laws and regulations of the United States for similar organizations of the United States navy, or as authorized or

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