Feb. 23, 1899, p.

of the commanding officer, or if he resists removal, he may be confined in the guardhouse until he submits to leave, or he may be turned over to a civil officer.

(Mar. 1, 1883, p. 103, § 36.)

987. Sale of liquors prohibited. The commanding officer 136, $ 20. shall prevent the sale or giving away of spirituous, vinous, or malt liquors within the camp, or one-eighth of a mile thereof. He may use the whole force at his command for the proper police of his camp and the enforcement of order and discipline.

988. (2892) Powers of commanding officer to close up liquor houses and other places.-Whenever any part of the Alabama National Guard are actually on duty by order of the governor or other civil magistrate, to aid in the enforcement of the laws, the commanding officer of such troops may order the closing of any place where intoxicating liquors, arms, ammunition, dynamite, or other explosives are sold, and forbid the selling, bartering, lending, or giving away of any of said articles so long as any of the troops remain on duty in the city, town, or village, or in the vicinity, where such place may be located, whether any civil officer has forbidden the same or not. And the commanding officer of such troops may continue the prohibition in force until the departure of the troops, although the sheriff, mayor, or intendant of the county, town, or village may have prescribed an earlier date at which such occupation may be carried on.

(Feb. 28, 1889, p. 99.)

989. (2893) (178) Annual encampment.-The governor may annually order into active service the whole or such portion of the Alabama National Guard as he may deem proper, for the purpose of perfecting them in military discipline and drill; the period of such service being fixed by the governor. When so ordered into service, the state shall furnish rations for officers and men, and pay such expenses of such encampment as the governor may deem proper, including the traveling expenses of officers and men incurred in obeying such orders.

(Mar. 1, 1883, p. 103, § 21.)

990. (2894) (180) Deserters.-Whenever any part of the Alabama National Guard are called into active service for the state, for any purpose whatever, the commanding officer may enforce the attendance of officers and men. And any officer or man failing to report when ordered, without sufficient excuse, to be judged by a court-martial, shall be deemed and treated as a deserter.

136, § 24.

991. (2895) (179) Articles of war.-Whenever any portion Feb. 23, of said troops are ordered into active service, either for the 1899, p. purpose of perfecting them in military discipline and drill, or to aid in the enforcement of the laws of the state, officers and men so ordered into service shall, during such time, be governed by the articles of war and the rules and regulations of the United States army then in force so far as consistent with the constitution of this state.

992. (2896) (197) Penalty for failure to attend encamp- Ib., § 25. ment.-Any company ordered into camp for the purpose of perfecting it in military discipline and drill, and failing to attend any such camp with not less than forty rank and file, shall, unless excused by the commanding officer of the regiment, forfeit all right to any quarterly allowance for the remainder of the year, including such as may then be due and unpaid, and any such company failing, without good excuse, to be judged of by the regimental commander, to attend two consecutive encampments, shall be disbanded.

993. (2855) Brigade; formation of.-The organized mili- Ib, § 27. tary forces of this state may be formed into a brigade and be under the command of a brigadier-general, who shall be appointed by the governor; but nothing in this chapter shall be construed as creating any vacancy in the office of brigadiergeneral or any of his staff.

(Feb. 18, 1897, p. 1308, § 4.)

994. (2856) Powers of brigadier-general. The brigadier- Ib., § 28. general shall appoint one assistant adjutant-general, who shall be chief of the brigade staff; one chaplain; one inspector; one judge advocate; one surgeon; one ordnance officer; one quartermaster; one commissary of subsistence; and one inspector of rifle practice, each of the grade of major of infantry, and four aides-de-camp, of the grade of captain of infantry, whose duties shall be those of officers of similar grade and position in the United States army.

995. Payment of brigade staff.-The necessary expenses for Ib., § 28%. books, stationery, blanks, and clerical assistance, and the traveling expenses of the brigadier-general and members of his staff, when authorized and approved by the governor, shall be paid upon warrants of the state auditor and upon itemized accounts certified by the brigadier-general and approved by the governor.

265, § 30.

996. Military board; its duties.-There shall be a military sept. 30, board, consisting of the adjutant-general, the quartermaster- 1908, p. general, and the inspector-general, and there may be two additional members appointed, in the discretion of the governor, who may be line officers of the National Guard, not below

Sept. 30,

1903, p. 265, § 31.

Ib., 32.

the rank of lieutenant-colonel. The military board shall constitute an advisory body to the commander-in-chief on military matters appertaining to the state, and said board may prepare and promulgate the necessary rules and regulations and provisions for the organization, government, and compensation of the Alabama National Guard, and said rules, provisions, and regulations, together with such amendments and changes as may be required and made from time to time, when approved by the commander-in-chief, shall be in force from the date of their publication in general orders. They may, subject to the approval of the commander-in-chief, make such changes in the military organization of the state as they deem best for the interest of the service, or to conform said organization to the laws of the United States, and to the organization of the army thereof; but said changes shall not conflict with the laws of the state, and the expense thereof to the state shall not be increased by such changes beyond the annual appropriation for the National Guard.

997. When military board meets.-The said military board shall meet at such times as the governor may deem their services to be necessary for the transaction of such military business as may need their attention. The military board may prepare and promulgate articles, rules, and regulations for the government and discipline of the Alabama National Guard not inconsistent with the constitution and laws of the United States or of this state, which rules and regulations, when approved by the governor, shall be published to the troops and shall have the force and effect of law, and a copy of the same shall be furnished every commissioned officer.

998. Retired list; who are eligible.-Whenever any commissioned officer or enlisted man has served ten years in the aggregate in the Alabama National Guard he may, upon application to the governor, be retired from active service and placed upon the retired list with pay or allowance. When any officer has reached the age of sixty-two years he may, at the discretion of the governor, be so retired and placed upon the retired list. Officers and enlisted men on the retired list may wear, on appropriate occasions, the uniforms prescribed for the highest grade attained by them during their active service, the uniforms to be without corps, department, or regimental designation. Any officer or enlisted man who has heretofore been honorably discharged after ten years' service may be placed upon the retired list, upon his own application.

CROSS REFERENCES.

MILITIA; MILITARY; STATE TROOPS (Political Code).

CHAPTER 30.

MINES AND MINING. 999-1038.

Feb. 13,

1903, p 50, $1, sub. div. 252.

(r.c.c.)

SECTION.

1034. Rules.

1035. Women and boys under fourteen not to work in mines. 1036. Controversies between operators and inspectors; how settled; discretion of inspectors.

1037. Controversies between chief mine inspector and operator referred to the judge of probate; appeal; penalty. 1038. When adjacent owner may inspect mine.

999. (2899) Inspectors of mines appointed by governor; terms. There shall be appointed by the governor of Alabama three inspectors of coal mines; one of them shall be designated as chief mining inspector, and the other two shall be designated as associate mining inspectors. Each shall hold his office for three years from the date of his appointment and until his successor is appointed and qualified.

(Feb. 16, 1897, p. 1099, § 1.)

1000. (2899) Salary of coal mine inspectors.-The salary of the chief inspector shall be one thousand five hundred dollars per annum, and the salary of each of the associate inspectors shall be one thousand two hundred dollars per annum.

1001. (2900) Qualifications of mine inspectors. The chief mining inspector shall be a qualified elector and a practical miner of at least five years' experience, and his two associates shall be qualified electors and practical miners of at least five years' experience. No one shall be appointed mine inspector who, or the wife of whom, owns and operates, in whole or in part, mining property.

(Feb. 16, 1897, p. 1099, § 2.)

1002. (2901) Duties of mine inspectors.-The mine inspectors shall give their whole time and attention to the duties of their offices. It shall be the duty of mine inspectors to examine all the mines in this state at least every three months, to see that all the requirements of this chapter are strictly observed and carried out; inspectors shall particularly examine the works and machinery belonging to any mine, examine into the state of the mines as to ventilation, circulation, and condition of air, drainage and general security; they shall make a record of all examinations of mines, showing the date when made, the condition in which the mines are found, the extent to which the laws relating to mines and mining are observed or violated, the progress made in the improvements and secu