forces of the State of Alabama shall constitute and be known as the Alabama National Guard, and may consist of not more than three regiments of infantry, one regiment of cavalry, one regiment of artillery, and one company of signal troops, and the governor of the state shall be the commander-in-chief thereof. The organization, armament, and discipline of the Alabama National Guard shall be the same as that which is now or may be hereafter prescribed for the regular and volunteer armies of the United States. The commander-in-chief, from time to time, shall make and publish such orders as may be necessary to conform such Alabama National Guard in organization, armament, and discipline, to that prescribed for the army of the United States, and such orders, when duly made and published, shall have the force and effect of law. The governor, in his discretion, may organize a naval reserve in accordance with the rules and regulations prescribed therefor by the United States government, and may commission the officers thereof. The governor shall have the power, whenever the good of the service requires it, to suspend any commissioned officer, or to remove and cancel his commission.

Original statute regulating militia passed Dec. 22, 1814.-Toulmin's Digest, pp. 586 et seq. (Aikin's Digest, pp. 308-323; Feb. 18, 1897, p. 1308, § 1.)

1907, p.

44,$2.

930. (2853) Staff of commander-in-chief.-The staff of the Amended commander-in-chief shall consist of the following officers, to Feb. 15, be appointed by him and commissioned as officers of the Alabama National Guard, holding office at his pleasure, except as may be otherwise provided: One adjutant-general, who shall be chief of staff; one inspector-general, one quartermastergeneral, each with the rank of brigadier-general; one judge advocate-general, who shall be a member of the supreme court bar of at least five years' standing; one surgeon-general, who shall be a graduate of some incorporated school of medicine and of at least five years' practice; one chief of engineers, one chief of ordnance, one paymaster-general, one commissarygeneral of subsistence, one chaplain, one assistant adjutantgeneral, one assistant inspector-general, one assistant quartermaster-general, and four aides-de-camp, each with the rank of colonel of cavalry; and four aides-de-camp, each with the rank of lieutenant-colonel of cavalry.

(Feb. 18, 1897, p. 1308, § 2.)

136, § 3.

931. (2854) Duties of adjutant-general.-The adjutant gen- Feb. 23, eral is chief of staff to the governor; he shall preserve the arms 1899, p. and other military stores of the state, and distribute them to the national guard at the expense of the state, keep a roster of all the officers of the Alabama National Guard, and keep on file in his office all reports made to him. He shall, as often as

Feb. 23, 1899, p.

136, § 3.

Ib.

Ib.

Ib.

Mar. 5,

1903, p. 156, § 1.

Ib.

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may be necessary, cause so much of the laws relating to the volunteer forces of the state as may be enforced to be printed, bound, and distributed, a copy to each commissioned officer, and prepare and publish all necessary blank books, forms, notices, and stationery, and furnish them to the national guard at the expense of the state, and the state auditor shall draw a warrant on the state treasurer therefor. The adjutant-general shall perform such other duties as may be required of him by the commander-in-chief. He shall visit and inspect each company of infantry, cavalry, and artillery at least once in each year, and report to the commander-in-chief the condition of the arms, and equipment and numerical strength of said company, and make such recommendations as he thinks proper in regard to same.

(Feb. 18, 1897, p. 1308, § 3.)

932. Salary of adjutant-general. The adjutant-general shall receive a salary of one hundred and twenty-five dollars per month, payable monthly.

933. (2854) Report of adjutant-general.-The adjutantgeneral must, ten days before each session of the legislature, report to the governor the number and condition of the state guard and of the public arms and accoutrements of the state.

934. (2857) Duties of assistant adjutant-general.—The assistant adjutant-general shall assist the adjutant-general, and in his absence, perform all his duties.

935. (2854) Duties of staff officers.-The several staff officers shall perform the same duties, as nearly as the circumstances of the case will permit, as are performed by the staff officers of like rank in the United States Army, and any and all such other duties as may be required of them by the commander-in-chief.

936. (2858) What constitutes regiment of infantry, cavalry, or artillery. Each regiment of infantry, cavalry, or artillery shall consist of not less than eight nor more than twelve companies, troops, or batteries, and a hospital corps not to exceed twenty-five men, of whom one may be sergeant and five may be corporals.

937. (2858) Field officers; what constitutes.-The field officers of the regiment shall consist of one colonel, one lieutenant-colonel, and three majors, who shall be elected by the line officers of the regiment by ballot or in such manner as may be determined by the governor in his discretion, whose term of office shall be for four years, and until their successors are duly qualified.

938. (2858) Officers, commissioned and non-commissioned, appointed by colonel.-The colonel of each regiment shall

appoint his commissioned and non-commisioned staff officers as follows: One surgeon of the rank and grade of major, and one adjutant, one chaplain, one quartermaster, one commissary of subsistence, one inspector of rifle practice, one ordnance officer, one inspector of the guard, and two assistant surgeons, each of the rank and grade of captain; and the non-commissioned staff as follows: One sergeant-major, one quartermaster sergeant, one sergeant as assistant to instructor of the guard, one trumpeter, one band leader, one commissary sergeant, one ordnance sergeant, and three hospital stewards, who shall have the grade of first sergeant, and hold office subject to the pleasure of the colonel. The commissioned officers shall be commissioned as in case of other commissioned officers upon certificate of appointment from the colonel, and shall hold office for the term of the officer making the appointment, or at the pleasure of such officer, and the colonel may also detail a color-bearer, and such clerks for the adjutant's office as he may deem necessary.

1903, p.

939. Squadron or battalion.-Each squadron or battalion Mar. 5. shall consist of not more than four nor less than two com- 156, 1. panies, troops, or batteries.

940. Officers appointed by major.—When such squadron or Ib. battalion is not a part of a regiment, the major may appoint an adjutant surgeon, quartermaster and commissary of subsistence, with the grade of captain, a sergeant major and quartermaster sergeant, trumpeter, hospital steward, and commissary sergeant, with the grade of second sergeant.

941. Duty of senior officer.-Whenever two or more com- Ib. panies are stationed in the same town or locality, the senior field officer in said town or locality shall designate a time in each month when all of said companies shall hold their monthly muster, and the time so designated shall be conformed to by all the company commanders; otherwise, they shall forfeit the allowance for that quarter.

136, § 5.

942. (2859) Line officers.-The line officers of each company, Feb. 23, troop, or battery, shall consist of a captain, one first lieutenant, 1899, p. and one second lieutenant, who shall be elected by the noncommisioned officers and enlisted men of such company, troop, or battery, and who shall hold office for a term of three years, and until their successors are duly qualified.

(Feb. 18, 1897, p. 1308, § 8.)

943. (2859) Additional officers.-The governor may, in his discretion, authorize any company or troop of the Alabama National Guard to elect, in addition to the other commissioned officers, an additional second lieutenant; and a battery to elect one first lieutenant and one second lieutenant in addition to the 33-AC-VOL I

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Feb. 23, 1899, p.

other commissioned officers, who shall be elected, commissioned, and qualified as in the case of other commissioned officers.

944. (2859) Non-commissioned company officers of troop or 136, § 5. battery.-The company, troop, or battery commanders shall appoint the non-commissioned officers as follows: For company, one first sergeant, four sergeants, one quartermaster sergeant, and six corporals; for troop, one first sergeant, four sergeants, one quartermaster sergeant, one veterinary sergeant, one guidon sergeant, one trumpeter, six corporals; for battery, one first sergeant, four sergeants, one quartermaster sergeant, one veterinary sergeant, one guidon sergeant, one trumpeter, and eight corporals.

Ib.

lb.

Jb.

945. (2860) Number of enlisted men in company.—Each company, troop, or battery shall, in addition to its commissioned officers, have the following number of enlisted men who must be over eighteen years of age: For company or troop, not less than forty nor more than one hundred and six; for battery, not less than forty nor more than one hundred and six; and should the number at any time be below the minimum required by this section, then such company, troop, or battery, shall be declared by the commander-in-chief inefficient for such service, and must be disbanded.

(Feb. 18, 1897, p. 1308, § 8.)

946. (2861) Company; how organized.-Upon the petition of forty or more men liable to military duty, addressed to the adjutant general, setting forth the residence of the petitioners, and that they desire to form a military company, troop, or battery, the governor may, in his discretion, order any officer of the state guard to organize the petitioners into a company, troop, or battery, and said officer must superintend at election by ballot at a time and place selected by such officer. The officer elected to command such troop, company, or battery, must forthwith appoint from his enlisted men the non-commissioned officers, as provided in this chapter; said non-commissioned officers shall receive a certificate or warrant of their grade, signed by the commanding officer, countersigned by the adjutant of the regiment or squadron or battalion, if not part of a regiment.

(Feb. 18, 1897, p. 1308, § 8.)

947. (2861) Company; assignment to regiment.-After a company, troop, or battery is duly organized, it must be assigned to one of the regiments, squadrons, or battalions of the Alabama National Guard, and the officers commissioned and the adjutant-general shall, from the undistributed arms

of the state, issue to the commanding officer of the company, at the expense of the state, upon his giving satisfactory bond for the safe custody and return thereof, suitable arms and equipments and camp equipage, and may prescribe by general or special order, rules for the use and preservation thereof.

1899, p.

948. (2862) Liability of officer for losses or casualties to Feb. 23, property. No commissioned officer giving bond for the safe 136, § 5. keeping of arms or other public property is liable for loss by fire, riot, or insurrection, or other casualty of the service, unless held liable by a board of survey to be appointed by, and whose finding is approved by, the governor.

949. (2863) Commutation of expenses; payment of.-In Ib. commutation of the expenses which each active company of the Alabama National Guard bears in providing drill rooms, and a place for the safe keeping of arms and ammunition, and in defraying the necessary expenses, there shall be allowed to the commanding officer of each company, troop, or battery, the sum of sixteen dollars and sixty-six and two-thirds cents per month, payable quarterly, if the company, troop, or battery number at least twenty-five uniformed privates and noncommissioned officers, at such parades and drills at which not less than twenty-five, rank and file, attend, and the governor may prescribe in general orders not less than one public or private drill a month, and otherwise keep in such state of efficiency as the governor may deem necessary to constitute an active military organization. To secure such allowance for any quarter, the commanding officer must make affidavit before any officer authorized to administer oaths that his company, troop, or battery during the time for which the allowance is claimed, had the number of drills and parades required, with the number of men prescribed therein, and was during such period an active, efficient military organization. Such claim so verified shall be forwarded to the commanding officer of the regiment to which the company, troop, or battery is attached, and by him to the adjutant-general, with such recommendation as he deems proper. If satisfied that it is just, the governor shall approve the same and direct the auditor to draw his warrant for such amount in favor of the commanding officer of the company, troop, or battery.

(Feb. 18, 1897, p. 1308, § 8.).

paid.—The ID.

950. (2864) Expenses of companies; how paid.county commissioners in each county may, in their discretion, appropriate a sufficient sum, not otherwise appropriated, to pay the necessary expenses of the companies, troops, or batteries of the Alabama National Guard located in their respec