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be allowed, or pay received, for any commission issued under the provisions of this act.

SEC. 13. The corps of cadets shall be organized and governed by such rules, as may be prescribed by the faculty of the university. They shall not be subject to duty in case of riots, tumult, breach of peace, resistance to process, invasion, or insurrection, but may only, with the consent of a majority of the faculty, be ordered to parade, encampment or other military exercise. They may, under orders of the commander-in-chief, be paraded on the university grounds for inspection.

Retired List.

SEC. 14. The retired list shall consist of all ex-adjutants, general, all ex-inspectors general, all ex-medical directors, ex-chief commissarys and quartermasters general, and such other officers as shall, after having served five years as officers, and enlisted men after having served nine years, apply to the Governor to be placed on the retired list with out pay.

Rank of Officer, How Determined.

SEC. 15. The rank of officers now in the service, or hereafter commissioned, shall date from date of election or appointment, and an officer who has served continuously in the same grade for more than one term, either by reelection or appointment, shall take rank from the date of his first commission in that grade.

Resignation of Officers, How to be Addressed.

SEC. 16. The resignation of officers shall be addressed to the commander-in-chief and transmitted to the adjutant general, through the regular military channels; and all commanding officers, before forwarding resignations, shall endorse thereon their approval, or disapproval together with all facts bearing on the case. But an officer tendering his resignation shall not be considered out of service until his resignation has been accepted.

Commissions Vacated, How Determined.

SEC. 17. An officer who moves out of the county, where his command is located, or who absents himself from his command for one month, without leave from his commanding officer, shall be considered as having vacated his office, and an election shall be ordered, and held without delay, to fill the vacancy.

Companies Abandoned, How Determined.

SEC. 18. Whenever a company, troop or battery, becomes reduced in numbers below the minimum strength, twenty-five privates, or from general insubordination, contention, or other cause, becomes demoralized and inefficient, and its disbandment is therefore necessary for the good of the service, the commander-in-chief shall disband the same and order the officers thereof to be mustered out of service. But no member of a company, troop or battery, shall be dishonorably discharged, except upon due trial and conviction by a court martial, or in some other lawful man

ner.

Command of Troops in Field.

SEC. 19. The command of any military force called into service, under the provisions of this act, shall devolve upon the senior officer present of such force, until a field officer shall have been designated by the commander-in-chief.

SEC. 20. All officers and enlisted men of the Idaho National Guard are hereby declared exempt from all poll or road tax, and jury duty, so long as they continue active members thereof.

Term of Enlistment, How Discharged.

SEC. 21. Every enlisted man shall be held to service for a term of three years unless he be properly discharged. Upon the expiration of the service of any enlisted man, the commandant of his company, troop or battery, shall prepare a discharge on the blank furnished for that purpose, and submit it to the senior officer of the command to which he belongs, who, having signed it, will return it to the commanding officer of the company, troop or battery, in time for it to be delivered to the man on the day on which his term of service expires. In all other cases, enlisted men will not be discharged except upon the receipt of a specific order from the commander-in-chief directing such discharge. The company commander shall, upon his monthly return, report all discharges to his regimental, battalion, or squadron commander.

Resignation of Officers, Acceptance of, Etc.

SEC. 22. At the expiration of the term of service, or upon the acceptance of the resignation of a commissioned officer, the adjutant general, upon the approval of the

Governor, shall issue to such officer a discharge, showing the reason therefor, and the length of term served.

Duty of Assessors of Counties to Make Out List of Persons for Military Duty.

SEC. 23. It shall be the duty of the assessor of each county in the State, annually, at the time prescribed by law for assessing property, to make out a list of all persons in the respective counties who are liable to military duty under the laws of the United States and the State of Idaho, which list shall designate the precinct in which each person named in such list resides, and shall be filed with such assessor in the office of the county auditor, of the respective counties, at the same time and in the same manner as is provided by law for the assessment roll; and the auditor shall keep the same open for inspection, as is provided by law for the assessment roll, and also record the same, alphabetically, in his office in a book kept for that purpose.

Military Assessment, How Made.

SEC. 24. The said military assessment list shall be corrected, in the same manner, and at the same time, as is provided by law for the assessment roll; and it shall be the duty of the county auditor of each county within thir ty days after the list has been corrected, to transmit to the adjutant general of the State a certificate, under his official seal, of the total number of names on such military assessment list arranged according to the several precincts of the county.

Armory Expenses, How Paid.

SEC. 25. There shall be expended annually, the sum of four hundred dollars, to each organized company of the National Guard for armory rent, out of the general fund. If the officers of any company aforesaid, neglect to secure a proper armory for drill purposes, or are remiss or neg lectful in their attendance at the regular drills, or the company habitually falls, in attendance, below a minimum of twenty-five enlisted men, a penalty of five dollars per drill shall be deducted from the said armory rent. And in additon thereto, the county commissioners of each county may in their discretion, expend annually, not to exceed one hundred and fifty dollars, out of the county current expense fund, for rent of armory buildings for

the use of such companies of the Idaho National Guard as organized under the provisions of this title, and which shall meet, at least twice in each month, in such armory for military instruction.

State Military Board, How Composed.

SEC. 26. The State Military Board shall consist of the commander-in-chief, adjutant general, a field officer and a captain of the line, to be designated by the commanderin-chief. It shall be the duty of the Board to purchase, with the approval of the commander-in-chief, all equipments, stores, etc., required for the National Guard.

ARTICLE III.

Staff Departments, Officers and Their Duties; Duties of Adjutant General.

SECTION 1. The adjutant general shall hold his office for a term of two years and until his successor is appointed and qualified, unless sooner removed for misconduct, or in the case of the vacation of his office by resignation duly accepted. He shall distribute all orders from the commander-in-chief; he shall be the organ of all communications from the State troops to the commander-inchief, and shall attend him when required in reviews of the State troops, or whenever ordered in the performance of duty; he shall obey, and issue, such orders as the commander-in-chief shall give in relation to all military matters, and shall be entitled to the use of the coat of arms of the State as his seal of office, with the words added thereto: "State of Idaho, adjutant general's office." He shall annually make return, in triplicate, of all of the militia of the State, one copy whereof he shall deliver to the commander-in-chief, on or before the 15th day of December, one copy shall be transmitted to the President of the United States, on or before the 1st day of January thereafter, and one shall be filed in his office.

Adjutant General to Purchase Clothing, Etc. SEC. 2. The adjutant general shall, under the direction of the Military Board, purchase clothing, camp and garri son equipage, ammunition, and such other military stores as may be authorized; and shall, upon requisition properly approved, issue ordnance and ordnance stores, clothing, camp and garrison equipage and such other stores as may be necessary to the respective commands. The adju

tant general shall keep in good order and preservation ordnance and ordnance stores, clothing and equipments, camp and garrison equipage, flags, banners and military relics of all description, which are the property of the State and not issued to troops, and shall have control of the same, subject to the order of the commander-in-chief. Disbursing Officers, Bonds Of.

SEC. 3. The adjutant general shall require bonds from all disbursing officers of his department, and other officers in charge of public property, the amount to be fixed by the State Military Board and approved by the com mander-in-chief; which bonds when approved by the Military Board shall be filed in the adjutant general's office.

Rosters, Books of Record, Etc., How Provided.

SEC. 4. The adjutant general shall provide the several departments, on their requisition, with the necessary rosters, books of record, blank warrants, enlistments, dis charges, rolls and other papers required by law and regu lation, at the expense of the State.

Salary Adjutant General.

SEC. 5. The annual compensation of the adjutant general in time of peace shall be one thousand two hundred dollars ($1,200), and it shall be payable monthly out of the general fund, not otherwise appropriated.

Current Expenses, Adjutant General's Department.

SEC. 6. For the purpose of defraying the current expenses of the militia; the clerical hire; the arming and equipping of companies thereof as they are organized, freight, expressage, telegraph, telephone, printing of necessary forms, paper, envelopes and postage for the official use of company commanders, and such other imperative expenses not herein enumerated, there is hereby appropriated out of the general fund not otherwise appropriated the sum of four thousand six hundred dollars ($4,600) annually.

ARTICLE IV.

Discipline, Uniforms, Drills, Etc.

SECTION 1. The National Guard of Idaho shall be gov erned by the military law of the State, the Code of Regu lations, the orders of the commander-in-chief, and, wher ever applicable, by the regulations, articles of war and customs of the service in the United States army.

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