Feb. 23, 1899, p. 136, § 5. Ib. Ib. Ib. Mar. 5, 1901, p. 201, § 2, tive counties, not to exceed the sum of twenty-five dollars per month for such expenses of any one company. (Feb. 18, 1897, p. 1308, § 8.) 951. (2865) Drills; when and how conducted. The commanding officer of any company, troop, or battery shall order at least one drill per month, and officers and members failing, without good excuse, to attend such drill, shall be subject to a fine in the discretion of the company, troop, or battery court-martial, not exceeding twenty dollars. (Feb. 18, 1897, p. 1308, § 8.) 952. (2865) Dress parade, and fine. The commanding officer of a regiment, squadron, or battalion, when two or more companies, troops, or batteries are stationed at the same place, may order a squadron or battalion drill or dress parade once in each month and on Memorial Day, and on the occasion of the funeral of any officer or member of the national guard, and any officer of the national guard failing without good excuse to obey such order shall be fined in the discretion of the regimental, squadron, battalion, or summary court-martial, not exceeding twenty dollars, and may be dishonorably dismissed from the service of the state. 953. (2866) (2866) Veteran's badge.-Any officer, non-commissioned officer, or private who shall have faithfully served in the national guard in any grade for six consecutive years shall have conferred upon him the right to wear a veteran's badge, which shall be prescribed by the governor. (Feb. 18, 1897, p. 1308, § 8.) 954. (2867) (2867) Companies, troops, etc., leaving county or state. No company, troop, or battery shall go out of the county in which it is stationed as a military organization except by permission of the regimental squadron or battalion commander, or the governor; nor shall any company, troop, or battery, or regiment, squadron, or battalion go out of the state, except by permission of the governor. (Feb. 18, 1897, p. 1308, § 8.) 955. (2869) Musicians; band secured.-The commanding officer of a regiment, or a squadron, or battalion not a part of a regiment, may organize and uniform, at the expense of the regiment, or squadron, or battalion, a band of musicians, to be under his direction and command, who, while on duty, shall be subject to all laws and regulations for the government of the Alabama National Guard, and they shall be mustered in as prescribed by this chapter for enlisted men, and shall be counted in the aggregate force, and such commanding offi cer may, in his discretion, disband such band and revoke the warrant of the band leader. Such band, when duly organized, shall be entitled to receive, in the same manner as companies, the sum of sixteen dollars and sixty-six and two-thirds cents per month, payable quarterly, said allowance to be drawn for and paid in the same manner and under the same regulations as are provided for companies, troops, or batteries; but no band shall be entitled to the said allowance unless it shall consist of not less than seventeen equipped and enlisted musicians, and shall make and certify a monthly muster with an attendance of not less than ninety per cent of its membership. (Feb. 18, 1897, p. 1308, § 10.) 1899, p. 956. (2870) Election of officers.-No officer, non-commis- Feb. 23, sioned officer, or enlisted man shall be entitled to vote at any 136, 97. election for commissioned officers of the Alabama National Guard who has been absent for four consecutive monthly musters of the company, troop, or battery, of which he may be a member; provided, that nothing in this section shall apply to field officers. 957. (2871) Vacancies; how filled.-Upon the expiration I., § 8. of the term of office of any field officer or any vacancy occurring by reason of death, resignation, removal, or other cause, the governor shall direct the commanding officer of a regiment, squadron, or battalion, if not a part of a regiment, to elect such field officer, under such rules and regulations as provided by this chapter, of which action at least fifteen days' notice must be given to the commanding officers of the companies, troops, or batteries in which regiment, squadron, or battalion said election is to be held, and in event there is a tie vote for any officer, the adjutant-general shall cast the deciding vote for such field officer. 958. (2871) Notice of election of officers.-Upon the expi- b. ration of the term of office of any line officer, or whenever there is vacancy by reason of death, resignation, removal, or other cause, the colonel, upon orders from the governor, shall order the company to elect such officer in the manner required by this chapter, and must give at least ten days' notice of such election by orders published at the armory of said company, troop, or battery, where said election is to take place. 959. (2871) Certificate of election.-A certificate must be . forwarded through military channels to the commander-inchief stating that such elections as required by this chapter were held in accordance with the order received, which certificate must be accompanied by such oath of office as may be prescribed by the adjutant-general. Feb. 23, 1899, p. 126, § 8. Ib. Ib. Ib. Ib. IL., § 9. 960. (2872) Resignation of officer.-Whenever the resignation of any officer is forwarded and is approved by the commander-in-chief, such officer loses his grade if elected his own successor; but if such officer is elected to another organization, he may accept such second election and be commissioned accordingly, taking grade from the date of his original commission, but the acceptance of the second election shall vacate the office to which he was first elected. (Feb. 18, 1897, p. 1308, § 12.) 961. (2873) Transfer of officer.-Any non-commissioned officer or enlisted man may be transferred at the request of his company, troop, or battery commander, to any other company, troop, or battery upon the approval of the adjutantgeneral. (Feb. 18, 1897, p. 1308, § 12.) 962. (2874) Rules for admission or discharge of members. -Each company may adopt such rules as to admission of members as it deems best, and may provide for the discharge of its members by rules or by-laws; provided, such rules or by-laws are first approved by the adjutant-general, and any person discharged in accordance with such rule or by-law, after the same shall have been approved by the adjutantgeneral, ceases to be a member of the Alabama National Guard. 963. (2875) Discharges; how made.-No non-commissioned officers nor enlisted men shall be discharged from the Alabama National Guard except as provided in this chapter, or upon the order of the governor, or by application therefor approved by his company and regimental commander. 964. (2876) Term of enlistment.-The term for enlistment in the Alabama National Guard shall be for three years, and the following oath of enlistment must be administered by the commanding officer of any company, troop, or battery, to persons enlisting: "I do solemnly swear that I will support the constitution of the State of Alabama, and obey all lawful orders of my superior officers while I remain a member of the Alabama National Guard." 965. (2877) Discipline prescribed. The system of discipline and exercise of the Alabama National Guard shall conform generally to that of the army of the United States as is now or may hereafter be prescribed by congress, and to all provisions of the laws of the United States, except as otherwise provided in this chapter, or may hereafter be provided for by the laws of this state. 136, § 10. 966. (2878) Company, troop, battery, etc.; how disbanded. Feb. 23, -Any company, troop, or battery of the Alabama National 1899, p. Guard may be disbanded in the discretion of the commanderin-chief, upon a petition signed by a majority of such company, troop, or battery, approved by the regimental commander, or the commander of the squadron or battalion not a part of a regiment, or when the commanding officer of any regiment, squadron, or battalion, not a part of a regiment reports that such company, troop, or battery is inefficient and ought to be disbanded for the good of the service, or whenever a board of officers who shall be appointed by the governor and shall consist of not less than three from such regiment, squadron, or battalion not part of a regiment, shall report that it would be for the good of the service to disband such organization, or when in the opinion of the governor it would be for the good of the service to disband such organization. 967. (2879) Uniform.-The uniform of officers, non-com- Ib. § 11. missioned officers, and enlisted men shall conform in style and material to that of the United States army, excepting as follows: The collar ornaments of the undress uniform of commissioned officers shall be the letters "Ala." embroidered in gold bullion instead of the letters "U. S." 968. (2880) Arms and equipments.-The governor may in his discretion issue public arms and equipments received from the United States to chartered institutions of learning which adopt a military system, upon bond, with sureties, for the preservation and return thereof when called for by him, and upon such terms as he may require. Ib. 969. (2882) Repository for military property.-The gov- Ib. ernor shall, whenever necessary, designate a repository for the undistributed military property of the state. (Feb. 18, 1897, p. 1308, § 15.) Feb. 23, 136, § 11: as amend 6, 1907, p. 581, §§ 1 970. (2882) Clerk of adjutant-general; duties and salary of. -The governor shall appoint a competent person whose duty 1899, p. it shall be to keep such property in serviceable order, to have mended at the expense of the state such small arms and ed Aug. property of the state as may need repair. Such appointee shall be the clerk of the adjutant-general and shall receive and 2. a salary of twelve hundred dollars, to be paid monthly, as the salary of state officers is paid, and shall execute a bond in the sum of one thousand dollars, payable to the state, for the faithful performance of his duties, to be approved by the adjutant-general and renewable at his discretion. 1903, p. 971. (2883) Officers; how commissioned.-All officers shall Sept. 30, be commissioned by the commander-in-chief, and no person 285, 2. Feb. 23, 1899, p. 136, § 13. 1b., § 14. shall be commissioned in the Alabama National Guard who is not a citizen of this state or who is under the age of twentyone years. The governor may, in his discretion, before a commission is issued, order any officer of the Alabama National Guard for examination before a military board, which shall be appointed by the governor, to consist of not less than three members, who may compel the attendance of witnesses, administer oaths, and take testimony, as may be done by general courts-martial, touching the applicant's capacity, general qualifications, and knowledge of military affairs, proportionate to the requirements of the office for which he has been selected; and if such examining board shall report adversely to such applicant, he shall not be commissioned as an officer. The commander-in-chief may also convene examining boards to determine the fitness of officers for promotion; and also, whenever to him it appears advisable, or upon the request of any superior commanding officer, may order any officer before a board for examination as to his fitness for military service, and upon report of the board, if adverse to the officer, may declare his commission vacated; and if any officer so ordered before a board shall neglect or refuse to appear, the commander-in-chief may, upon report to him of such refusal or neglect, vacate the commission of the officer. The report of such examining board must be forwarded through the proper military channels to the commander-in-chief; but nothing in this section shall apply to the staff of the commander-in-chief. (Feb. 18, 1897, p. 1308, § 16.) 972. (2884) Officers; reduction to ranks.—The commanding officer of any company, troop, or battery may reduce a noncommissioned officer to the ranks for cause satisfactory to himself and approved by the regimental, squadron, or battalion commander, not part of a regiment. The report of such reduction and the reason therefor must be forwarded through military channels to the adjutant-general. (Feb. 18, 1897, p. 1308, § 17.) 973. (2885) Officer or enlisted man; discharge of. Any officer, non-commissioned officer, or enlisted man who cannot after due diligence be found, or who shall remove his residence from the state, or to such distance from the armory of his organization as to render it impracticable for him to perform military duty, or who shall be convicted of a felony, may be discharged by the commander-in-chief upon the request of the commanding officer of the regiment, squadron, or battalion not part of a regiment, with the approval of the governor. |