THE LAW AND REGULATIONS RELATIVE TO THE MASSACHUSETTS VOLUNTEER MILITIA PUBLISHED BY THE ADJUTANT GENERAL FEBRUARY, 1913 Approved by The State Board of Publication, 5 3 , 1 . VA ssut EXTRACTS FROM THE Constitution of the Commonwealth of Massachusetts, CONCERNING THE MILITIA. CHAPTER II. Section I. Article VII. The governor of this commonwealth, for the time being, shall be the commander-in-chief of the army and navy, and of all military forces of the state, by sea and land; and shall have full power, by himself, or by any commander, or other officer or officers, from time to time, to train, instruct, exercise, and govern the militia and navy; and, for the special defence and safety of the common¬ wealth, to assemble in martial array, and put in warlike posture, the inhabitants thereof, and to lead and conduct them, and with them to encounter, repel, resist, expel, and pursue, by force of arms, as well by sea as by land, within or without the limits of this commonwealth, and also to kill, slay, and destroy, if necessary, and conquer, by all fitting ways, enterprises, and means whatsoever, all and every such person and persons as shall, at any time hereafter, in a hostile manner, attempt or enterprise the destruction, inva¬ sion, detriment, or annoyance of this commonwealth; and to use and exercise, over the army and navy, and over the militia in actual service, the law-martial, in time of war or invasion, and also in time of rebellion, declared by the legislature to exist, as occasion shall necessarily require; and to take and surprise, by all ways and means whatsoever, . y all and every such person or persons, with their ships, arms, ammunition, and other goods, as shall, in a hostile % 4 manner, invade, or attempt the invading, conquering, or annoying this commonwealth; and that the governor be intrusted with all these and other powers, incident to the offices of captain-general and commander-in-chief, and ad¬ miral, to be exercised agreeably to the rules and regulations of the constitution, and the laws of the land, and not other¬ wise. Provided, that the said governor shall not, at any time hereafter, by virtue of any power by this constitution granted, or hereafter to be granted to him by the legisla¬ ture, transport any of the inhabitants of this common¬ wealth, or oblige them to march out of the limits of the same, without their free and voluntary consent, or the con¬ sent of the general court; except so far as may be necessary to march or transport them by land or water, for the defence of such part of the state to which they cannot other¬ wise conveniently have access. Article X. The captains and subalterns of the militia shall be elected by the written votes of the train-band and alarm list of their respective companies, [of twenty-one years of age and upwards;] the field officers of regiments shall be elected by the written votes of the captains and subalterns of their respective regiments; the brigadiers shall be elected, in like manner, by the field officers of their respective brigades; and such officers, so elected, shall be commissioned by the governor, who shall determine their rank. [See Amendments, Article V, infra.] The legislature shall, by standing laws, direct the time and manner of convening the electors, and of collecting votes, and of certifying to the governor, the officers elected. The major-generals shall be appointed by the senate and house of representatives, each having a negative upon the other; and be commissioned by the governor. [See Amend¬ ments, Article IV, infra.] And if the electors of brigadiers, field officers, captains or subalterns, shall neglect or refuse to make such elections, after being duly notified, according to the laws for the time being, then the governor, with advice of council, shall appoint suitable persons to fill such offices. 5 [And no officer, duly commissioned to command in the militia, shall be removed from his office, but by the address of both houses to the governor, or by fair trial in court- martial, pursuant to the laws of the commonwealth for the time being.] [See Amendments, Article IV, infra.] The commanding officers of regiments shall appoint their adjutants and quartermasters; the brigadiers their brigade- majors; and the major-generals their aids; and the gov¬ ernor shall appoint the adjutant-general. The governor, with advice of council, shall appoint all officers of the continental army, whom by the confederation of the United States it is provided that this commonwealth shall appoint, as also all officers of forts and garrisons. The divisions of the militia into brigades, regiments, and companies, made in pursuance of the militia laws now in force, shall be considered as the proper divisions of the militia of this commonwealth, until the same shall be altered in pursuance of some future law. Article XII. All public boards, the commissary-gen¬ eral, all superintending officers of public magazines and stores, belonging to this commonwealth, and all commanding officers of forts and garrisons within the same, shall once in every three months, officially, and without requisition, and at other times, when required by the governor, deliver to him an account of all goods, stores, provisions, ammuni¬ tion, cannon with their appendages, and small arms with their accoutrements, and of all other public property what¬ ever under their care respectively; distinguishing the quan¬ tity, number, quality and kind of each, as particularly as may be; together with the condition of such forts and gar¬ risons; and the said commanding officers shall exhibit to the governor, when required by him, true and exact plans of such forts, and of the land and sea or harbor or har¬ bors, adjacent. And the said boards, and all public officers, shall commu¬ nicate to the governor, as soon as may be after receiving the same, all letters, despatches, and intelligences of a pub¬ lic nature, which shall be directed to them respectively. 6 Section II. Article III. Whenever the chair of the governor shall be vacant, by reason of his death, or absence from the com¬ monwealth, or otherwise, the lieutenant-governor, for the time being, shall, during such vacancy, perform all the duties incumbent upon the governor, and shall have and exercise all the powers and authorities, which by this consti¬ tution the governor is vested with, when personally present. Section III. Article VI. Whenever the office of the governor and lieutenant-governor shall be vacant, by reason of death, absence, or otherwise, then the council, or the major part of them, shall, during such vacancy, have full power and authority to do, and execute, all and every such acts, mat¬ ters, and things, as the governor or the lieutenant-governor might or could, by virtue of this constitution, do or exe¬ cute, if they, or either of them, were personally present. CHAPTER VI. Article I. [Relates to the declarations and oaths that the Constitution prescribes shall be taken and subscribed by any person appointed or commissioned to any judicial, executive, military or other office under the government, and is not printed here as the requirements of this article are practically repeated in section 73, chapter 604, Acts of 1908, infra.] ARTICLES OF AMENDMENT. Article IV. . . . Whenever the exigencies of the com¬ monwealth shall require the appointment of a commissary- general, he shall be nominated, appointed, and commis¬ sioned, in such manner as the legislature may, by law, prescribe. All officers commissioned to command in the militia may be removed from office in such manner as the legislature may, by law, prescribe. 7 Article V. In the elections of captains and subalterns of the militia, all the members of their respective companies, as well those under as those above the age of twenty-one years, shall have a right to vote. Article YI. [Relates to oath of allegiance prescribed by the Constitution, and is not printed here as the require¬ ments of this article are practically repeated in section 73, chapter 604, Acts of 1908, infra.] 8 4 THE LAW RELATIVE TO THE MILITIA OF THE COMMONWEALTH OF MASSACHUSETTS. CHAPTER 604, ACTS OF 1908 (APPROVED JUNE 11, 1908), WITH AMENDMENTS THERETO, AND OTHER ACTS RELATING TO THE MILITIA. Section. 1 - 7 . 8 , 9 . 10 , 11 . 12 - 14 . 15 - 19 . 20 - 39 . 40 - 60 . 61 - 73 . 74 - 80 . 81 - 90 . 91 - 102 . 103 - 105 . 106 - 126 . 127 - 140 . 141 - 171 . 172 . 173 - 178 . 179 - 190 . 191 , 192 . 193 - 210 . An Act relative to the Militia. Persons exempt from military duty. Enrolment of persons subject to military duty. Calling out and organizing for active duty. Staff of the commander-in-chief and its duties. Organization and disbandment. Present organization. Election and appointment of commissioned officers. Examining boards. Appointment and reduction of noncommissioned officers. Enlistment and muster-in of soldiers. Discharge and retirement of commissioned officers. Discharge of enlisted men. Arms, uniforms and equipments. Armories. Tours of duty, inspection and drills. Excuses for non-performance of duty. Pay and allowances. Courts of inquiry and courts-martial. Regimental, battalion and company by-laws. General provisions. “ Soldier ” and “ company defined. ENROLLED MILITIA. Persons Exempt from Military Duty. Section 1 . In this act the word “ soldier ” shall include musicians and all persons in the volunteer or reserve mi¬ litia, except commissioned officers; and the word “ com¬ pany ” shall include battery, troop, signal corps and hospital corps, except as herein otherwise provided. 9 Section 2. Every able-bodied male citizen, and every Persons to b® able-bodied male of foreign birth who has declared his in- the militia, tention to become a citizen, resident within this common¬ wealth, of the age of eighteen years and under the age of forty-five years, except persons exempted by sections three, four and six, and idiots, lunatics, common drunkards, vaga¬ bonds, paupers and persons convicted of any infamous crime, shall be enrolled in the militia. Persons convicted of any such crime after enrolment shall forthwith be disen- rolled. In all cases of doubt respecting the age of a person enrolled, the burden of proof shall be upon him. Section 3. In addition to the persons exempted by the Exemptions, laws of the United States from enrolment in the militia, the following persons shall also be absolutely exempt: justices and clerks of courts of record; judges and registers of pro¬ bate and insolvency; registers of deeds, and sheriffs; officers who hold or have held commissions in the regular or volun¬ teer army or navy of the United States; officers who have held for a period of five years, commissions in the militia of this or of any other state of the United States, or who have been superseded and discharged, or who have held commissions in any organization of the Massachusetts volunteer militia at the time of its disbandment; enlisted men who have served honorably in the volunteer militia for a period of nine years; ministers of the gospel; practising physicians; superintendents, officers and assistants em¬ ployed in or about any of the state hospitals, state alms¬ houses, state prisons, jails or houses of correction; keepers of lighthouses; conductors and engine drivers of railroad trains; seamen actually employed on board of any vessel, or who have been so employed within three months next preceding the time of enrolment. Section 4. Every person of the religious denominations Quakers, of Quakers or Shakers, if conscientiously scrupulous of f^mpted^ 0 ’’ bearing arms, who annually before the first Tuesday in when. May, delivers to the assessors of the place where he resides a certificate signed by two of the elders or overseers of the society with which he meets for public religious worship, shall be exempt from enrolment. The certificate shall be in the following form: — 10 We, the subscribers of the society of the people called in the of , in the county of , do hereby certify that is a member of our society, and that he frequently and usually attends religious worship with said society, and we believe that he is conscientiously scrupulous of bearing arms. A. B., Elders or Overseers. E. E., Cleric. C. D. (as the case may be). Penalties for giving false certificate. Members of fire depart¬ ment exempted. Organized and reserve militia. Section - 5. Whoever gives or files a false certificate under the preceding section shall be punished by a fine of two hundred dollars and by imprisonment for not more than six months. Section 6. Enginemen or members of the fire depart¬ ment shall be exempt from military duty upon filing with the assessors of the place where they reside a certificate, signed by the mayor and aldermen or fire commissioners or the selectmen; but an enlistment in the volunteer militia shall not be vacated by an appointment as engineman or member of the fire department. Section 7. The militia shall consist of two classes, namely, the organized militia, to be known as the Massachu¬ setts Volunteer Militia, composed and organized as here¬ inafter provided; and the remainder, to be known as the reserve militia. The reserve militia shall be subject to no active duty except in case of war, invasion, the prevention of invasion, the suppression of riots and to aid civil officers in the execution of the laws. Assessors to annually make and transmit returns of enrolment. Keepers of taverns, etc., to give information to assessors. Enrolment of Persons Subject to Military Duty. Section 8. Assessors shall annually, in May or June, make a list of persons living within their respective limits liable to enrolment, and shall place a certified copy thereof in the hands of the clerks of their respective cities and towns, who shall place it on file with the records of such city or town, and annually, in May, June or July, transmit returns of the militia thus enrolled to the adjutant general. Section 9. Keepers of taverns or boarding houses, and masters and mistresses of dwelling houses, shall, upon ap¬ plication of the assessors, or of persons acting under them, 11 give information of the persons residing in their houses, liable to enrolment or to military duty, and every such per¬ son shall, upon like application, give his name and age; and if such keeper, master, mistress or person refuses to give such information, or gives false information, such keeper, master or mistress shall forfeit twenty dollars, and such person shall forfeit twelve dollars, to be recovered on complaint of any of the assessors. Calling Out and Organizing for Active Duty. Section 10. When it is necessary to call out any portion of the reserve militia for active duty, the commander-in¬ chief shall direct his order to the mayor and aldermen or to the selectmen, who shall forthwith, by written order or oral notice to each individual, or by proclamation, appoint a time and place for the assembling of the reserve militia in their city or town, and shall then and there draft as many thereof, or accept as many volunteers, as are required by the order of the commander-in-chief, and shall forthwith forward to him a list of the persons so drafted or accepted as volunteers. Section 11. Every member of the reserve militia so ordered out, or who volunteers or is detached or drafted, who does not appear at the time and place designated by the mayor and aldermen or selectmen, or who has not some proper substitute at such time and place, or does not pay to such mayor and aldermen or selectmen, for the use of the commonwealth, seventy-five dollars, within twenty-four hours after such time, or who does not produce a sworn certificate, from a physician in good standing, of physical disability so to appear, shall be taken to be a deserter, and dealt with accordingly. The portion of the reserve militia so accepted shall immediately be mustered into the service of the commonwealth for three years, or for such less period as the commander-in-chief may direct, and shall be organ¬ ized into companies, which may be arranged in battalions or regiments, or assigned to organizations of the volunteer militia already existing. Such new organizations shall be officered, equipped, trained and governed according to the Method of calling out reserve militia. Penalty for failure to appear or to furnish substitute. Muster-in, organization, etc., of re¬ serve militia accepted. 12 Personal staff of the commander- in-chief. Term of office of staff of commander- in-chief. Military and administra¬ tive staff. Chief and assistant chiefs of staff. Eligibility to appointment or detail on staffs of commander- in-chief. laws of the government of the volunteer militia. Elections shall forthwith be ordered in such new organizations by the commander-in-chief, who may detail officers to train and command them until the officers-elect shall have qualified and shall have passed the examination required by section sixty-three. Staff of the Commander-in-Chief and its Duties. Section 12. [As amended by chapter 720, Acts of 1912.] The personal stall of the commander-in-chief shall con¬ sist of: — 2 aides-de-camp, each with rank not higher than captain; 8 aides-de-camp, to be detailed from the commissioned officers of the Massachusetts volunteer militia, but not to be re¬ lieved from duty with their organizations while serving in this capacity. In time of war the commander-in-chief may appoint such additional stall officers as the service may require, with such rank, not higher than that of colonel, as he may designate. The above aides-de-camp, except those detailed, shall be commissioned and hold office until their successors are ap¬ pointed and qualified, but they may be removed at any time by the commander-in-chief. This act shall not affect the rank or position of the present appointed aides. The military and administrative staff of the commander- in-chief shall consist of: — The adjutant general, with the rank of brigadier general, who shall, ex officio, be chief of staff, such officers of the United States army or navy as may be detailed as assist¬ ant chiefs of staff, together with the chiefs of the in¬ spector general’s department, judge advocate general’s de¬ partment, quartermaster’s department, subsistence depart¬ ment, pay department, medical department and ordnance department. No person shall be eligible to appointment or detail as an aide on the personal staff of the commander-in-chief, or on the military and administrative staff of the com- 13 mander-in-ehief, unless he has served six years in the volun¬ teer militia of the commonwealth, at least two years of which shall have been as a commissioned officer, or unless he is in the active service of the United States army or navy. The terms of office of the chiefs of the above named departments shall be five years, as provided in chapter four hundred and forty-nine of the acts of the year nineteen hundred and eleven. The term of office of any adjutant general shall hereafter be five years: provided, however, that if no vacancy in said office exists at the date of the passage of this act, the term of the incumbent of the office at that date shall be five years from the passage of this act [refers to chapter 720, Acts of 1912, approved June 6, 1912]. Any adjutant general shall be eligible for reap¬ pointment. Section 13. The adjutant general shall distribute all orders from the commander-in-chief; obey all orders from him relative to carrying into execution and perfecting the system of military discipline established by the laws of the commonwealth and of the United States; furnish blank forms for the different returns and rolls as required; re¬ ceive from the several officers of the volunteer militia returns of the militia under their command, which they are hereby required to make, reporting the actual condi¬ tion of their uniforms, arms, accoutrements and ammuni¬ tion, their delinquencies and every other thing relating to the advancement of good order and discipline; and from said returns he shall make proper abstracts and lay the same annually before the commander-in-chief; and he shall annually, on and as of the first Monday in January, make a return in duplicate of the militia of the commonwealth, with the condition of their uniforms, arms, accoutrements, and ammunition, according to such directions as he may receive from the secretary of war of the United States, one copy of which he shall deliver to the commander-in-chief and the other copy of which he shall transmit to the secre¬ tary of war. He shall also, subject to the orders of the commander-in-chief, attend to the prosecution of soldiers’ claims. The adjutant general shall also make returns to Terms of office of chiefs of departments. (See chap. 449, Acts of 1911, printed herein after section 20.) Term of office of adjutant general. Adjutant general, duties, etc. 14 Salaries of adjutant general, clerks, etc. the secretary of war of the United States, at such times and in such form as the secretary of war shall from time to time prescribe, of the strength of the organized militia, and such reports as may, from time to time, be required by the secre¬ tary of war. Section 14. [As amended by chapter 348, Acts of 1910, and chapter 593, Acts of 1912.] The adjutant general shall receive a salary of thirty-six hundred dollars a year. An adjutant general (rank of lieutenant colonel), adjutant general’s department, shall receive a salary of eighteen hundred dollars a year. The adjutant general may employ four clerks, one at a salary of twenty-two hundred dollars a year, one at a salary of two thousand dollars a year, one at a salary of sixteen hundred dollars a year, and one at a salary of twelve hundred dollars a year, and a messenger at a salary of eight hundred dollars a year. He may em¬ ploy such additional clerks and other assistants as may be necessary in his department, at an expense in all not exceeding eighty-five hundred dollars a year. VOLUNTEER MILITIA. Designation, etc. Strength of volunteer militia in time of peace. Organization and Disbandment. Section 15. The active or organized militia shall be composed of volunteers, and shall be designated the Massa¬ chusetts Volunteer Militia. It shall be ordered into service to resist invasion, to quell insurrection, to aid civil officers in the suppression of riots, in the execution of the laws or in time of public danger, before the reserve militia is called out. Section 16. In time of peace the active volunteer militia shall consist of not more than sixty companies of infantry, four troops of cavalry, three batteries of field artillery, a coast artillery corps containing not more than twelve com¬ panies, two corps of cadets, the naval militia, the following staff corps: (1) a signal corps; (2) a corps of engineers; and the following departments: (1) adjutant general’s de¬ partment, (2) inspector general’s department, (3) judge advocate general’s department, (4) quartermaster’s depart¬ ment, (5) subsistence department, (6) medical department, A 15 (7) pay department, (8) ordnance department; and such other organizations and staff corps and departments as the commander-in-chief may direct under section twenty-six of this act. Section 17. The commander-in-chief shall arrange the infantry, artillery and cavalry into regiments, battalions, and squadrons and, when necessary, into unattached com¬ panies, and into not more than two brigades. There shall not be more than five regiments of infantry. Section 18. (a) For purposes of administration and convenience, the Massachusetts volunteer militia shall be divided into the staff of the commander-in-chief, the na¬ tional guard, the naval militia, and the retired list. The naval militia shall comprise the naval bureau and the naval brigade, or such other naval organization or organizations as may be allowed by law. The national guard shall com¬ prise all other organizations of the Massachusetts volunteer militia. ( b ) The national guard as at present constituted, shall consist of: — The adjutant general’s department; The inspector general’s department; The judge advocate general’s department; The quartermaster’s department; The subsistence department; The medical department; The pay department; The ordnance department; The corps of engineers; The signal corps; The coast artillery corps; 2 brigades of infantry (comprising a total of 5 regiments) ; 1 squadron of cavalry (comprising a total of 4 troops) ; 1 battalion of field artillery (comprising a total of 3 bat¬ teries) ; 2 corps of cadets. (c) [As amended by section 1, chapter 365, Acts of 1912.] The naval militia as at present constituted, shall * consist of: — * Arrangement into brigades, regiments, etc. Divided into staff of commander- in-chief, national guard, naval militia, and retired list. National guard. Naval militia. The naval brigade. 16 Organization, etc., corps of cadets. Adjutant general’s department. Inspector general’s department. Judge advo¬ cate general’s department. Section 19. To each corps of cadets there shall be one lieutenant colonel, one major, and a staff as provided for a battalion of infantry: and there shall be such number of line officers, not exceeding four captains, four first lieu¬ tenants and four second lieutenants, and of noncommis¬ sioned staff officers and noncommissioned officers, musicians and privates, as the commander-in-chief shall deem expe¬ dient. The corps of cadets shall be instructed, armed and equipped as the commander-in-chief shall direct, and shall receive the same compensation and allowances as separate battalions of infantry; they shall remain unattached, sub¬ ject only to the orders of the commander-in-chief, except as provided in section one hundred and forty-two. Present Organization. Section 20. [As amended by chapter 228, Acts of 1910; chapters 145, 326 and 633, Acts of 1911; and chapters 365 and 720, Acts of 1912; and affected by chapter 449, Acts of 1911.] The adjutant general’s department shall con¬ sist of: —• The adjutant general, chief of staff; 1 adjutant general, with the rank of lieutenant colonel; 2 adjutants general, with the rank of major. The inspector general’s department shall consist of: — 1 inspector general, chief of the department; [See chapters 145 and 449, Acts of 1911, at end of section 20.] Not over 6 inspectors general, with the rank of lieutenant colonel or equivalent naval ranks; Not over 2 inspectors general, with the rank of major; Such other inspectors as may be detailed from the active or reserve list of the volunteer militia. The judge advocate general’s department shall con¬ sist of: — 1 judge advocate general, chief of the department; [See chap¬ ters 145 and 449, Acts of 1911, at end of section 20.] 2 judge advocates, with the rank of major. 17 The quartermaster’s department shall consist of: — 1 quartermaster general, chief of the department; [See chap¬ ters 145 and 449, Acts of 1911, at end of section 20.] 1 deputy quartermaster general, with the rank of lieutenant colonel; 3 quartermasters, with the rank of major; 2 quartermasters, with the rank of captain; and not over 10 post quartermaster sergeants and such additional post quartermaster sergeants as may be appointed by the com¬ mander-in-chief from the armorers and assistant armorers of state armories. The subsistence department shall consist of: — 1 commissary general, chief of the department; [See chapters 145 and 449, Acts of 1911, at end of section 20.] 2 commissaries, with the rank of major; Not over 4 post commissary sergeants. The pay department shall consist of: — 1 paymaster general, chief of the department; [See chapters 145 and 449, Acts of 1911, at end of section 20.] Not over 10 paymasters, with the rank of captain. The medical department shall consist of: — 1 surgeon general, chief of the department, whose rank after the present incumbent has ceased to hold office shall not be higher than colonel. [See chapters 145 and 449, Acts of 1911, at end of section 20.] A medical corps consisting of: — Not over 11 majors; Not over 10 captains; Not over 23 first lieutenants and a hospital corps. A hospital corps consisting of: — Not over 11 sergeants, first class; Not over 30 sergeants; Not over 148 privates, first class, and privates. For purpose of pay for rendezvous drills, these may be dis¬ tributed in companies and detachments. Quarter¬ master’s department. Subsistence department. Pay depart¬ ment. Medical department. Surgeon general. Medical corps. Hospital corps. 18 Distribution of hospital corps among different commands. Ambulance company. Field hospital. Assignment of detachment of hospital corps to Extract from General Orders, No. 22, The Adjutant General’s Office, dated August 23, 1912. The following executive order is published for the informa¬ tion and guidance of the Massachusetts Volunteer Militia: — The Commonwealth op Massachusetts, Executive Department, Boston, July 31, 1912. The Hospital Corps of the Medical Department may for in¬ struction purposes or otherwise be distributed among the differ¬ ent commands; also in conformity with Paragraphs 230 and 231, Regulations for the Organized Militia, 1911, under the Constitution and the Law T s of the United States, Ambulance Companies and Field Hospitals may be organized as follows: — An Ambulance Company to consist of the following enlisted personnel from the Hospital Corps, viz.: — 2 sergeants, 1st class, 7 sergeants, 45 privates, 1st class, and privates. 54 total enlisted. One captain and four lieutenants of the Medical Corps shall be assigned to duty with an Ambulance Company. A Field Hospital to consist of the following enlisted per¬ sonnel from the Hospital Corps, viz.: — 3 sergeants, 1st class, 6 sergeants, 27 privates, 1st class, and privates. 36 total enlisted. One major and four captains or first lieutenants of the Medical Corps shall be assigned to duty with a Field Hospital. In each regiment of infantry and the Coast Artillery Corps there shall be assigned to duty the following enlisted personnel as detachments from the Hospital Corps, viz.: — 19 1 sergeant, 1st class, 2 sergeants, 9 privates, 1st class, and privates. 12 total enlisted. To each unattached battalion, squadron, corps of cadets: — 1 sergeant, 5 privates, 1st class, and privates. 6 total enlisted. To the Signal Corps: — 1 sergeant, 2 privates, 1st class, and privates. 3 total enlisted. The ordnance department shall consist of: — 1 chief of ordnance; [See chapters 145 and 449, Acts of 1911, at end of section 20.] Not over 2 majors; Not over 6 captains; Not over 4 first lieutenants; Not over 1 ordnance sergeant. Any departmental officer may be detailed from the line. The corps of engineers shall consist of: — 1 major, acting chief of engineers; 1 captain. The signal corps shall consist of: — 1 captain; 3 first lieutenants; 5 sergeants, first class; 5 sergeants; 10 corporals; 2 cooks; % 18 privates, first class; 18 privates; regiment of infantry and coast artil¬ lery corps. To battalion squadron or corps of cadets. To signal corps. Ordnance department. Detail. Corps of engineers. Signal corps. 58 total enlisted. 20 Coast artil¬ lery corps. Election and appointment of officers and appointment of noncom¬ missioned officers of coast artil¬ lery corps. Power to increase or decrease en¬ listed strength of coast artil¬ lery corps. The coast artillery corps shall consist of: — 1 colonel, chief of coast artillery; [See section 94.] 1 lieutenant colonel; 3 majors; 4 captains; 3 first lieutenants; 3 second lieutenants; 1 chaplain; 1 sergeant major, senior grade; 2 master electricians; 12 engineers; 6 electrician sergeants, first class; 6 electrician sergeants, second class; 3 master gunners; 3 sergeants major, junior grade; 12 firemen, — a band of 28 total enlisted; 12 companies of coast artillery. The coast artillery corps shall be considered a regiment in all matters of administration and law, unless especially excepted in law or orders. The colonel, lieutenant colonel and majors shall be elected by the officers of the companies, as vacancies occur, under elections ordered by the commander-in-chief. The captains, first lieutenants, second lieutenants and chaplain of the corps, and corps noncommissioned officers and enlisted men, shall be appointed, warranted or enlisted by the chief of coast artillery. Company officers shall be elected as pre¬ scribed by law for companies. The commander-in-chief shall have power to increase or decrease the enlisted strength of any coast artillery com¬ pany whenever in his judgment the best interests of the service demand such change, provided that no company is decreased below the minimum or increased beyond the maximum prescribed for such a company by the war de¬ partment. 21 A coast artillery corps band shall consist of: — 1 chief musician; 1 chief trumpeter; 1 principal musician; 1 drum major; 4 sergeants; 8 corporals; 1 cook; 11 privates; 28 total enlisted. A coast artillery corps company shall consist of: — 1 captain; 1 first lieutenant; 1 second lieutenant; 1 first sergeant; 1 quartermaster sergeant; and such number and grades of enlisted men as may be pre¬ scribed by the commander-in-chief as in his judgment the best interests of the service may require, provided that no company is decreased below the minimum or increased beyond the maximum prescribed for such a company by the United States war department. The minimum enlisted strength shall be forty-one. To each brigade of infantry there shall be: — 1 brigadier general; [See section 93] his staff shall consist of 2 aides-de-camp, with the rank of first lieutenant. The brigade commander may detail from the troops under his command such number of noncommissioned officers and enlisted men as may be necessary to act as noncommis¬ sioned staff, clerks, orderlies, and the like. All officers, noncommissioned officers and enlisted men attached to bri¬ gade headquarters shall be entitled to be mounted. A bri¬ gade shall contain two or three regiments. » Coast artil¬ lery corps band. Coast artil¬ lery corps company. Brigade of infantry. Staff of briga¬ dier general. Detail by brigade com¬ mander of noncommis¬ sioned officers and men. 22 Regiment of infantry. Infantry band. Infantry company. To each regiment of infantry there shall be: — 1 colonel; [See section 94.] 1 lieutenant colonel; 3 majors; and a staff consisting of: — 1 captain, regimental adjutant; 1 captain, quartermaster; 1 captain, commissary; 3 first lieutenants, battalion adjutants; 3 second lieutenants, battalion quartermasters and commis¬ saries ; 1 chaplain; 1 sergeant major; 1 quartermaster sergeant; 1 commissary sergeant; 3 battalion sergeants major; 2 color sergeants, — a band of 28 total enlisted; and 12 companies of infantry. An infantry band shall consist of: — 1 chief musician; 1 principal musician; 1 drum major; 4 sergeants; 8 corporals; 1 cook; 12 privates; 28 total enlisted. An infantry company shall consist of: — • 1 captain; 1 first lieutenant; 1 second lieutenant; 1 first sergeant; 1 quartermaster sergeant; 4 sergeants; 6 corporals; 2 cooks; 1 artificer; 2 musicians; 43 privates; 60 total enlisted. The minimum enlisted strength shall be forty-one. 23 The squadron of cavalry shall consist of: — 1 major; and a staff consisting of: — 1 first lieutenant, squadron adjutant; 1 second lieutenant, squadron quartermaster and commissary; 1 veterinarian; 1 sergeant major; and 4 troops of cavalry. General Orders, No. 22, The Adjutant General’s Office, dated August 23, 1912, prescribes that: — The Squadron of Cavalry shall consist of: — 1 major, and a staff consisting of: — 1 first lieutenant, squadron adjutant; 1 second lieutenant, squadron quartermaster and commissary; 1 veterinarian; 1 sergeant major; 1 sergeant (supply sergeant); 3 privates (orderlies) ; and 4 troops of cavalry. A troop of cavalry shall consist of: — 1 captain; 1 first lieutenant; 1 second lieutenant; 1 first sergeant; 1 quartermaster sergeant; 6 sergeants; 6 corporals; 2 cooks; 2 farriers and blacksmiths; 1 saddler; 1 wagoner; 2 trumpeters; 43 privates; 65 total enlisted. The minimum enlisted strength shall be forty-three. Squadron of cavalry. Troop of cavalry. 24 Battalion of field artillery. Battery of field artillery. The battalion of field artillery shall consist of: — 1 major; and a staff consisting of: — 1 captain, battalion adjutant; 1 second lieutenant, battalion quartermaster and commissary; 1 veterinarian; 1 sergeant major; 1 quartermaster sergeant; 1 musician for the battalion commander; 2 privates for the battalion commander’s reel and instruments; 2 mounted orderlies; and 3 batteries of field artillery. A battery of field artillery shall consist of: — 1 captain; 2 first lieutenants; 2 second lieutenants; 1 first sergeant; 1 quartermaster sergeant; 1 stable sergeant; 6 sergeants; 12 corporals; 3 cooks; 1 chief mechanic; 4 mechanics; 2 musicians; 102 privates; 133 total enlisted. The minimum enlisted strength shall be ninety. The foregoing shall be the organization for a battery armed with six sections of the three-inch gun battery. Bat¬ teries which have only received five sections shall not enlist more than one hundred and twelve, total enlisted, including five sergeants, ten corporals, two cooks and eighty-five pri¬ vates, and a minimum enlisted strength of eighty, until the sixth section has been received. 25 To each corps of cadets there shall be: — 1 lieutenant colonel; 1 major; and a staff consisting of: — 1 first lieutenant, corps adjutant; 1 second lieutenant, corps quartermaster and commissary and, in addition thereto: — 4 captains; 4 first lieutenants; 4 second lieutenants; A noncommissioned staff consisting of: — 1 corps sergeant major; and in each so-called company or subdivision: — 1 first sergeant; 1 quartermaster sergeant; 6 sergeants; 6 corporals; 2 cooks; 1 artificer; 2 musicians; 61 privates; 80 total enlisted. The commander-in-chief may by order attach officers and enlisted men of staff departments and corps to brigades, regiments, battalions and other organizations for duty there¬ with, and shall so detail such officers and enlisted men as may be necessary to comply with the provisions of United States laws concerning the militia. He shall detail a quar¬ termaster with the rank of captain to act as superintendent of the state arsenal. He shall form, from the hospital corps an ambulance company section, to be instructed and drilled as such. The officers of the ordnance department shall act as in¬ spectors of small arms practice, and shall be detailed by the commander-in-chief to such organizations as he deems advis¬ able for that duty. The chief of ordnance shall perform all the duties required by law of, and shall act as, the inspector general of small arms practice, and the officers of the ord- ' nance department on duty with organizations shall have Corps of cadets. Commander- in-chief may attach officers and men of staff depart¬ ments and corps to or¬ ganizations. Inspectors of small arms practice. 26 Care and control of rifle ranges. Rank of chiefs of staff departments. Terms of office of chiefs of depart¬ ments. (See chap. 720, Acts of 1912, printed herein as section 12.) and perform all the rights, duties and obligations conferred or imposed by law upon inspectors of small arms practice. The inspector general of small arms practice, under the direction of the adjutant general, shall be charged with the care and control of all state rifle ranges and with the su¬ pervision of all other ranges provided for the small arms practice of the militia, and shall supervise the expenditure of such public funds as may be appropriated by the com¬ monwealth for the promotion of small arms practice. Chapter 145, Acts of 1911, approved March 15, 1911. Section 1. The rank of the chief of the inspector gen¬ eral^ department, judge advocate general’s department, quartermaster’s department, subsistence department, pay department, ordnance department and medical department shall not be higher than that of colonel. Section 2. The chiefs of these departments shall be com¬ missioned with such title and grade as may be necessary to conform to the requirements of the laws of the United States. Section 3. This act shall not operate to reduce the rank of any officer now serving as chief in any of the above named departments, but shall become effective in each de¬ partment when the present incumbent dies, resigns, retires or is removed in accordance with law. Section 4. The chief of each respective department shall act as and have ail the duties, powers and obligations pre¬ scribed by law T for the inspector general, judge advocate general, quartermaster general, commissary general, pay¬ master general, chief of ordnance and surgeon general, re¬ spectively. Section 5. This act shall take effect upon its passage. Chapter 449, Acts of 1911, approved May 13, 1911. Section 1 . The term of office of the inspector general, the judge advocate general, the quartermaster general, the commissary general of subsistence, the surgeon general, the chief of the pay department, the chief of the ordnance de¬ partment and the chief of the naval bureau shall hereafter 27 be five years: provided, however, that where no vacancy in said offices exists at the date of the passage of this act, said term of five years shall begin to run at said date. Section 2. The officers whose terms are limited by sec¬ tion one of this act shall be eligible for reappointment sub¬ ject to the provisions of section forty-two of chapter six hundred and four of the acts of the year nineteen hundred and eight, as amended by chapter two hundred and ninety- nine of the acts of the year nineteen hundred and ten. Section 3. This act shall take effect upon its passage. Section 21. [In relation to naval bureau; repealed by section 4, chapter 365, Acts of 1912.] Section 22. [As amended by chapter 670, Acts of 1911, and chapter 506, Acts of 1912. Chapter 506, Acts of 1912, given below, is substituted for this section.] Chapter 506, Acts of 1912, approved April 18, 1912. Section 1. Section twenty-two of chapter six hundred and four of the acts of the year nineteen hundred and eight, as amended by chapter six hundred and seventy of the acts of the year nineteen hundred and eleven, is hereby further amended by striking out the same and inserting in place thereof the following: — Section 22. The naval brigade shall consist of two battalions of four companies each, and an engineer battalion of two divisions. The commander-in¬ chief may authorize the formation of not more than four additional companies, either as separate companies, or in any of the battalions thereof, or as a separate battalion, and may order the election of such additional officers as may thereby be rendered necessary; one of the companies so authorized may be a marine guard. He may at any time disband any of said companies, the services of which are not required. The officers of the naval brigade shall be one captain, commanding the brigade, with rank and pay cor¬ responding to those of a colonel of infantry, three lieuten¬ ant commanders, who shall be chiefs of battalion, with rank and pay corresponding to those of a major of infantry; a staff consisting of a surgeon, a brigade adjutant, an ord- Naval brigade. Officers of naval brigade. V 28 Rank and pay. Petty officers. Organization of company of naval brigade. nance officer, who shall act as inspector of small arms prac¬ tice, an equipment officer, a paymaster, who shall be the mustering officer, an assistant paymaster, two passed assist¬ ant surgeons, one assistant surgeon, and a signal officer. The surgeon shall have the rank of lieutenant commander with rank and pay corresponding to those of a major of infantry. The other staff officers, except the signal officer, the assistant paymaster and the assistant surgeon, shall have the rank of lieutenant, with rank and pay correspond¬ ing to those of captains of infantry. The signal officer, assistant paymaster and assistant surgeon shall have the rank of lieutenant, junior grade, with rank and pay cor¬ responding to those of first lieutenants of infantry. The following petty officers shall also be attached to the brigade staff: one master-at-arms, who shall be the chief petty offi¬ cer of the brigade, and who shall have rank and pay cor¬ responding to those of a sergeant major of infantry: and six chief potty officers of such designation as the com¬ mander-in-chief may prescribe, all with rank and pay corre¬ sponding to those of the noncommissioned staff of infantry. There shall also be attached to the headquarters of the naval brigade twelve enlisted men of the commissary and mess- men branches with such ratings as the commander-in-chief may prescribe. The brigade commander shall be the recruit¬ ing officer for these men as for petty staff officers. To each company of the naval brigade there shall be one lieutenant, who shall be chief of company, one lieutenant, junior grade, and one ensign, with rank and pay corresponding to those of captains and first and second lieutenants of infantry respectively. The petty officers and seamen of each com¬ pany of the naval brigade shall be one chief petty officer, with rank and pay of sergeant major, not more than six petty officers first class, with rank and pay of first ser¬ geants, not more than twelve petty officers, first and second class, the petty officers, second class, to have the rank and pay of sergeants, and not more than fifteen petty officers, first, second and third class, combined; petty officers, third class, to have rank and pay of corporals; the ratings to correspond with those of the United States navy, and to # 29 be confined to the boatswain’s mate service, gunner’s mate service, quartermaster’s service, with the exception that one master-at-arms and one yeoman for each company may be appointed at the discretion of the company commander. There shall also be a hospital apprentice, who, with one bugler and one cook, first class, shall be in addition to the above, and shall rank as seaman. The total enlisted strength of a company shall be fiftj^-six and the minimum forty-one. In appointing petty officers of the different rat¬ ings in the classes above provided for, there shall be not less than five in the boatswain’s mate service, including coxswains; not less than two in the quartermaster’s service; not less than two in the gunner’s mate service. An engineer division shall consist of one lieutenant, who Engineer shall be chief of division, one lieutenant, junior grade, and dlvlsxon - one ensign, with rank and pay corresponding to those of company officers of corresponding grade in the naval bri¬ gade; and of such petty officers and other enlisted men as the commander-in-chief may prescribe. The total enlisted strength shall be eighty and the mini¬ mum fifty-five. The engineer division shall be a company, subject to all the provisions of this act applying to companies. The enlisted men in the engineer’s division shall fulfill the requirements for enlistment in the volunteer militia, and shall be mechanics, steam fitters, steam engineers, or fire¬ men of such experience as will fit them for their several ratings. A marine guard shall consist of one first lieutenant, with Marine the rank and pay corresponding to those of first lieutenant guaid- of infantry, and such noncommissioned officers and privates as the commander-in-chief may prescribe. The total enlisted strength of the guard shall be thirty-six and the minimum twenty. The marine guard shall be armed, uniformed, equipped, drilled and instructed in the same manner as in the United States marine corps. The seamen and privates shall receive the same pay as p ay . enlisted men in companies of infantry. The duty of the naval brigade may be performed afloat. 1 30 Section 2. This act shall not affect the rank or pay of the present assistant paymaster and assistant surgeon, but on their death, retirement or resignation, shall take effect as to their successors. Section 3. The two senior assistant surgeons now com¬ missioned shall hereby become passed assistant surgeons without new appointment, and their commissions shall be endorsed accordingly. Section 4. So far as is practicable the regulations for the government of the United States navy shall apply to the naval militia. Section 5. This act shall take effect upon its passage. Noncommis¬ sioned officers, appointment, etc. Organization to conform to laws of United States. Maximum and minimum strength. Section 23. [Published a summary of the strength of the Massachusetts Volunteer Militia at the date of the approval of the act, June 11, 1908, and is of no interest at date of this publication of the law.] Section 24. [Applied to certain supernumerary officers, and is of no interest at date of this publication of the law.] Section 25. Commanding officers shall warrant, appoint, enlist, or keep warranted, appointed or enlisted, the number of noncommissioned staff officers, noncommissioned officers and other enlisted men specified herein or required in orders of the commander-in-chief. The organization of the Massa¬ chusetts volunteer militia shall remain as herein consti¬ tuted, until changed by the commander-in-chief as provided in the following sections, or in section nineteen. Section 26. The commander-in-chief shall from time to time prescribe in orders the organization of the Massachu¬ setts volunteer militia in such a manner as to make the said organization conform to the requirements for the volun¬ teer militia of the laws of the United States. Section 27. Whenever, by authority of this act or by existing law, the commander-in-chief increases the maximum of any organization of the militia to conform to the direc¬ tions issued by the president of the United States or by the United States war department, he shall increase the mini¬ mum number authorized to be enlisted by an amount not in excess of the number by which he has so raised the max¬ imum. 31 Section 28. The maximum for the strength of a com¬ pany prescribed by this act shall continue in force so long as it is greater than the minimum which the president of the United States may fix under United States law, and shall be increased by order of the commander-in-chief to the strength designated by the president whenever the minimum so designated becomes greater than the maximum pre¬ scribed by this act. Section 29. The commander-in-chief may from time to time, by order, prescribe the numbers, titles and duties of noncommissioned staff officers, noncommissioned officers, musicians, artificers and cooks in the naval militia to con¬ form to the custom in the navy of the United States, as the interest of the service may in his opinion from time to time demand. Section 30. The commander-in-chief may from time to time, by order, prescribe the number of officers and enlisted men to be mounted, and the number of draft horses for each carriage, wagon or gun, to conform to the practice in the regular army, or to conform to the provisions of the act of congress of January twenty-first, nineteen hundred and three, relative to organizing, arming and equipping the militia, and acts in amendment thereof, and to the army regulations and orders made under said provisions. Section 31. The commanding officer of a battalion of field artillery, squadron of cavalry, corps of cadets, or naval brigade, may employ or raise by enlistment a band of musicians, not exceeding twenty-four in number, to be under his command. Such musicians while on duty shall be sub¬ ject to all laws and regulations for the government of the militia, except that they may not be mustered in, except in the naval brigade. Section 32. Petitions for organizing volunteer compa¬ nies, accompanied by the approval of the mayor and aider- men of cities or of the selectmen of towns in which a ma¬ jority of the petitioners reside, may be granted by the commander-in-chief, due regard being had to a proper dis- trioution of the force throughout the commonwealth; but no new company shall be organized except as provided in Numbers, titles, etc., of noncom¬ missioned officers, etc Number of officers and enlisted men to be mounted. Bands for field artillery, cavalry, cadets, or naval brigade. Organizing new com¬ panies. 32 Disband' ment. Annual re¬ port chiefs of depart¬ ments, etc. Inspection of organizations, armories, property, etc. Surgeon gen¬ eral, salary and duties. Duties of judge advocate general. Officers not to be pecunia¬ rily interested in purchases and sales, etc. section eleven, if thereby the whole number of companies would exceed the number established by this act. Section 33. The commander-in-chief may disband any company of the volunteer militia falling below the proper standard of efficiency. Section 34. Chiefs of all staff corps and departments and of the coast artillery corps shall annually make a report to the adjutant general on December fifteenth. Section 35. The inspector general, or such other officers as the commander-in-chief shall designate, shall inspect once in every year, and oftener if the commander-in-chief shall deem it necessary, all headquarters, armories and state property in the hands of the militia, and shall report the condition of the same, and what is a proper allowance for rent. The superintendent of the state arsenal may, under orders, inspect state property in armories and ascertain what supplies are needed. The inspector general, or his assistants under his orders, may inspect any organization at any time when the troops thereof are under arms, or in attendance at their armories; but such inspections shall not constitute tours of duty for which pay will be allowed. Section 36. The surgeon general shall receive a salary of twelve hundred dollars a year; and, subject to the orders of the commander-in-chief, shall have general supervision and control of all matters pertaining to the medical depart¬ ment of the militia, and shall prescribe the physical and mental disabilities exempting from military duty. He shall purchase and issue all medical and hospital supplies, and shall perform such other official duties as the commander- in-chief shall direct. Section 37. The judge advocate general shall review and report in waiting upon all proceedings of courts-martial requiring the action of the commander-in-chief; shall bring all necessary actions; and shall be the legal adviser of the military department of the commonwealth in matters re¬ ferred to him by the commander-in-chief. Section 38. The adjutant general, inspector general, quartermaster general, commissary general, surgeon general, and their assistants, whether appointed or detailed to act as such, and subordinate officers of their departments, shall 33 < not be interested, directly or indirectly, in the purchase or sale of any article intended for, making a part of, or apper¬ taining to, their respective departments, except for and on account of the commonwealth; nor shall they or any of them take or apply to his or their own use any gain or emolument other than what is allowed by law for negotiating or transacting any business in their respective departments. Any officer who violates the provisions of this section shall be punished by imprisonment for a term not exceeding five years or by fine not exceeding five thousand dollars, or both such fine and imprisonment. Section 39. [As amended by chapter 348, Acts of 1910.] The quartermaster general shall receive a compen¬ sation not exceeding twelve hundred dollars a year. The deputy quartermaster general shall receive compensation not exceeding eight hundred dollars a year, to be paid out of the appropriation for maintenance of armories of the first class. The quartermaster general shall give bond to the commonwealth in the penal sum of twenty thousand dollars, with two sureties at least, to be approved by the governor and council, conditioned faithfully to perform the duties of his office, to use all necessary diligence and care in the safe keeping of military stores and property of the com¬ monwealth committed to his custody, and to account for and deliver over to his successor or to any other person author¬ ized to receive the same, such stores and property. The commander-in-chief may require the duties imposed upon the quartermaster general to be performed by any member of that department, who shall in that case give bond to the commonwealth in like manner as is required of the quarter¬ master general. The quartermaster general, under the orders of the commander-in-chief, shall have the care and control of the state camp ground and all other land held for military purposes, of all state arsenals and magazines, of the soldiers’ burial lot and monument at Dedham, and of all military property of the commonwealth except such as is by law expressly intrusted to the keeping of other officers. He shall purchase or draw by requisition from the United States and shall issue all arms, ammunition, clothing, camp equipage and military supplies and stores of every descrip- Quarter- master gen¬ eral and deputy quar termaster general, salary and duties. Care and control of state camp ground. To purchase military supplies and stores, etc. 34 Clerical assistants, salaries. Superin¬ tendent of armories. Superin¬ tendent of arsenal. tion, except surgical instruments and medical supplies. He shall procure and provide means of transport for the militia and for all its implements, munitions of war and military supplies; such transportation to be in kind whenever practi¬ cable. He may receive in the storehouse at the state camp ground, from the several militia organizations, such articles of personal property used for military camping purposes as can be kept therein, which articles shall be received and delivered at the expense of the owners and held at their risk. He shall, at the public expense, provide suitable places for the safe keeping of all munitions of war, in¬ trenching tools and all other implements of war. Such tools and implements shall be designated as the property of the commonwealth by suitable permanent brands or marks on each of them. He may allow annually proper accounts for the repairs of uniforms and equipments. He shall adjust all accounts relating to loans of state military property to cities and towns, institutions and schools, and shall require annual returns of such property and of its condition, at such times and in such manner as he may direct, and may at any time, under the direction of the commander-in-chief, recover the whole or any part of such property as he may deem best for the commonwealth. He may employ the fol¬ lowing clerical assistants: one superintendent of armories, with a salary of eighteen hundred dollars per annum; two clerks, with salaries of eighteen hundred dollars and twelve hundred dollars per annum, respectively; one stenographer, with a salary of nine hundred dollars per annum. The actual transportation expenses of the superintendent of armories, in visiting the various armories of the state, under the direction of the quartermaster general, shall be paid from the appropriation for maintenance of armories of the first class. The superintendent of the arsenal shall receive fifteen hundred dollars a year, and shall be in the quarter¬ master general’s department, as a clerk in addition to the clerks above named. The quartermaster general may em¬ ploy such additional clerks and other assistants as may be necessary in his department, at an expense not exceeding twenty-four hundred dollars a year. 35 Election and Appointment of Commissioned Officers. Section 40. No person shall be eligible to election or ap¬ pointment to commissioned office in the militia who is not a male citizen of the United States, of eighteen years of age or upward, resident in this commonwealth, or who is dis¬ qualified by law from enrolment in the militia, or who is under sentence of disability to hold office or command, or of suspension from command in the military forces of the United States or of any state. No citizen not enrolled or above the age of forty-five years shall, on that account, be ineligible to office in the militia, or incapable of serving in a volunteer company. Section 41. [As amended by chapter 298, Acts of 1911.] Commissioned officers shall rank according to the date of their commissions. Between officers of the same grade and date of appointment or commission, where there has been no previous military service, the relative rank shall be deter¬ mined by lot. Such previous service shall count, as in the army or navy of the United States, and in the volunteer militia or reserve militia of this commonwealth only, and in the order herein named. The day of the appointment or election of an officer shall be expressed in his commission and shall be considered as the date thereof. When an officer is appointed, elected, or transferred from one office or organization to another, with¬ out increase of grade or loss of grade or continuous service, he shall rank in his grade according to the date of his orig¬ inal commission, which shall be stated in his new commis¬ sion. The provisions of this section shall not apply when a commissioned officer is transferred by election or appoint¬ ment from the staff to the line. Section 42. [As amended by chapter 299, Acts of 1910, and chapter 268, Acts of 1912.] The staff of the com¬ mander-in-chief shall be appointed by him; the staff of a bri¬ gade, by the brigadier general commanding; the staff of a regiment of infantry, battalion of artillery, squadron of cavalry, corps of cadets, the naval brigade, or unattached company, by the permanent commander thereof; and they Eligibility to election or appointment. Rank of com¬ missioned officers determined. Appointment of staff officers. 36 Eligibility for appoint¬ ment as staff officer. Eligibility for appointment as medical officer. Certain officers to be elected by ballot. Orders for elections. shall be commissioned by the commander-in-chief on the request of the appointing officers. All officers in the staff corps and departments shall be appointed by the commander-in-chief, and shall be exam¬ ined as required for staff officers, other than the staff of the commander-in-chief, and the appointments made in pursu¬ ance of general order number twenty-four, adjutant gen¬ eral’s office, series of nineteen hundred and seven, are hereby ratified and confirmed. No person shall be eligible to be appointed as a staff officer, or as a staff corps officer, or, with the exception of medical officers, as a department officer, unless he has served in the regular or volunteer naval or military forces of the United States, or in the militia or naval militia of some state thereof, for the term of three years, at least one year of which he shall have served as an officer or noncommis¬ sioned officer. Section 43. No person shall be eligible to appointment as a medical commissioned officer or veterinarian unless he has been duly registered in accordance with the laws of this commonwealth, and has complied with the laws of the commonwealth relative to the practice of his profession. Section 44. The following officers of the militia shall be elected by ballot: brigadier generals, by the field officers of the respective brigades; field officers of regiments, battalion of field artillery, squadron of cavalry and of corps of ca¬ dets, by the captains and lieutenants of the several com¬ panies of the respective regiments, separate battalion, squad¬ ron, or corps; captain and lieutenant commanders of the naval brigade, by the company officers of the brigade; lieu¬ tenants, lieutenants junior grade and ensigns of companies, by the enlisted men of the respective companies; captains and lieutenants of companies, by the written votes of the enlisted men of the respective companies, except that in the corps of cadets, captains and lieutenants shall be elected by the written votes of the enlisted men of the respective corps. Section 45. Elections of brigadier generals shall be ordered by the commander-in-chief. Elections of other offi- 37 cers shall be ordered either by the commander-in-chief or by such officers as he may authorize thereto. Section 46. Elections of officers shall not be ordered in any company unless the minimum number of men are actually enlisted and mustered in. Section 47. Vacancies in the grades of company officers shall be filled and the offieers-elect commissioned before an election of field officers is held for the respective organiza¬ tions; and every vacancy in the grade of field officer shall be filled in each brigade before an election of brigadier gen¬ erals is held therein. Section 48. Elections shall be held at the places most convenient for the majority of the electors. Section 49. Notices of elections shall be given to each elector at least four days before the time of the meeting, either verbally or by delivering to him in person, or by leaving at his usual place of business or abode, the order for such election. Section 50. Officers ordering elections may preside, or may detail some officer of suitable rank to preside. An offi¬ cer of the rank of captain may preside at the election of an officer of equal or inferior grade; but no candidate for an office to be filled shall preside at the election, except to ad¬ journ the meeting if no proper officer appears to preside. Section 51. The presiding officer shall keep a record of the proceedings and shall, within six days thereafter, make a certified return thereof to the adjutant general, through the proper military channel, for the information of the com¬ mander-in-chief; and the officer-elect shall, if he is eligible and accepts, thereupon be commissioned and notified to ap¬ pear before the proper examining board or boards. Section 52. A certified roster of the brigade, regiment, battalion, squadron, corps of cadets, or naval brigade, or a certified roll of the company or companies, as the case may be, shall be furnished to the presiding officer previous to an election. Section 53. No election shall be held unless a majority of the electors are present. If there is no quorum or the electors present fail to elect and the meeting is adjourned, the presiding officer shall, in writing, report the facts to the Minimum, number en¬ listed in com¬ pany before election. Vacancies to be filled before elec¬ tion held. Places for elections. Notices of elections. Presiding officer at election. Record and return of election. Roster or roll to be furnished. Majority of electors must be present* Adjourn¬ ment. 38 Majority to elect. Acceptance or declina¬ tion within three days. In case of refusal, an¬ other election to be held. Acceptance vacates office previously held. Governor to fill vacancy on neglect or refusal to elect. Disbandment on refusal to elect. Veterinarians, pay and allowances. adjutant general. Elections may not be adjourned more than twice, and each adjournment shall be for a period not exceeding two days. Section 54. The person who has a majority of the bal¬ lots of the electors present shall be deemed elected, and the presiding officer shall forthwith notify him of his election. Section 55. Persons elected to office in the militia shall within three days declare in writing or in person to the offi¬ cer presiding at their election their acceptance or declination, which shall be a part of the return of the presiding officer. Section 56. If the person chosen signifies to the presid¬ ing officer, either in person or in writing, his refusal to accept, before the dissolution of the meeting, the refusal shall be recorded and included in the return, and the elec¬ tors shall proceed to another election. Section 57. The acceptance of one office in the militia shall, for the purpose of election, vacate another office therein previously held, by the same person; but the officer shall serve until his successor is qualified, if so ordered by his regimental, battalion, or squadron commander or by the commander-in-chief. Section 58. When the electors neglect or refuse to fill a vacancy the governor with the advice of the council shall, except as provided in the following section, appoint a suit¬ able person thereto. Section 59. If a company having no commissioned offi¬ cers has twice been ordered to elect officers and neglects or refuses to elect one of such officers, it may be disbanded by the commander-in-chief. Section 60. Veterinarians, although not commissioned officers, shall have the pay and allowances of a second lieu¬ tenant, mounted, and shall be considered part of the bat¬ talion or squadron commissioned staff, to be appointed by the commander-in-chief on the recommendation of the per¬ manent battalion or squadron commander. Examining Boards. Sections 61 to 70, inclusive, repealed by chapter 464, Acts of 1912. Procedure for examinations as to physical qualifications affected by chapter 138, Acts of 1912. 39 Chapter 138, Acts of 1912, approved February 20, 1912. Section 1. All examinations as to physical qualifications to hold office in the militia shall be made by a board of three medical officers appointed by the commander-in-chief. If the board of medical officers find that an officer is phys¬ ically competent to perform the duties of his office, it shall certify that fact to the board of examiners; if, in the opin¬ ion of the medical board, an officer is not physically fit to perform his duties, it shall transmit a report to the board of examiners setting forth the nature of the disabilities found and the manner and extent to which such disabilities are likely to prevent or impair the full performance of the duties of the office. Whenever the board of examiners find that an officer who has been reported by the medical board to be physically unsound possesses professional and general qualifications of a high order and that his physical disabili¬ ties will not materially impair his efficiency as an officer, the board of examiners may recommend that such physical disabilities be waived, and the commander-in-ehief may thereupon waive such physical disabilities and order the officer to duty: provided , however, that a detailed descrip¬ tion of such disabilities and all reports and facts resulting in a waiver of the same shall be entered in the military record of the officer concerned. Section 2. If any officer fails to pass a satisfactory examination the secretary of the examining board shall forthwith notify him, and he may, within ten days after receiving such notice, appeal for a re-examination to the commander-in-chief, who may, after an examination of the records in the case, order a re-examination of such officer before the medical board appointed under section one of this act or the examining board appointed under section sixty-one of chapter six hundred and four of the acts of the year nineteen hundred and eight or before both boards. Section 3. No member of said board shall take part in the examination of, or give any opinion, information or advice as to the fitness or competence of any officer who has any business or family connection with him or might, Examina¬ tions as to physical qualifications by board of three medical officers. Report to board of examiners. Physical disabilities may be waived. Officer to be notified of failure to pass. Provision for re-exam¬ ination. Member of board not to act in cer¬ tain cases. 40 as a result of the examination, come under his immediate command. Section 4. All acts and parts of acts inconsistent here¬ with are hereby repealed. Section 5. This act shall take effect upon its passage. Officers to pass satisfac¬ tory examina¬ tions within sixty days. Certain officers exempt. Medical officers and veterinarians. Chapter 464, Acts of 1912, approved April 10, 1912. Section 1. Except as hereinafter provided, every person elected or appointed to commissioned office in the militia shall, before entering upon the performance of his official duties or exercising any command, and within sixty days after his election or appointment, pass satisfactory examina¬ tions as to his physical, professional and general fitness to perform the duties of his office unless, for cause, further time shall be allowed by the commander-in-chief. Section 2. General officers elected or appointed while holding an active office of field rank, officers elected or ap¬ pointed from one office to another of equal or lower grade in a department or in the same arm of the service, staff officers of the commander-in-chief, and chaplains shall be exempt from all examinations required by the provisions of the preceding section; colonels elected or appointed while hold¬ ing the active rank of lieutenant colonel or major, lieuten¬ ant colonels elected or appointed while holding the active rank of major, first lieutenants elected or appointed while holding the active rank of second lieutenant, and officers elected or appointed to an office equal or inferior in grade to any active office held by them within two years before the date of such election or appointment: provided, that the new office be in a department or in the same arm of the service as that previously held, shall be exempt from exami¬ nations as to their professional qualifications, but shall pass satisfactory examinations as to their physical and general fitness to hold such new office. Section 3. Medical officers and veterinarians shall ap¬ pear before a board consisting of three medical officers des¬ ignated by the commander-in-chief, which shall certify the competency of such officer or give its reasons for refusing so to certify, and in case of a refusal it shall transmit the 41 complete record, with its reasons for refusal, to the com- mander-in-chief. It shall administer the oaths prescribed for other commissioned officers. Section 4. Except as provided in section three, all ex¬ aminations as to professional and general qualifications shall be conducted by a board of examiners which shall be de¬ tailed by the commander-in-chief and which shall consist of nine officers in active commission as follows: one general officer of the line when one is eligible and available, other¬ wise one colonel of the line; three field officers of the line; four captains of the line; and one naval officer: provided, that no officer, except a naval officer, shall be eligible to serve on said board for more than three years in the aggregate in any period of nine consecutive y'ears; and, provided, fur¬ ther, that whenever the system of schools for the instruction of the militia in professional and technical subjects shall be under the supervision of one or more academic boards, the commander-in-ehief may, in his discretion, require such academic board or boards to conduct all examinations as to the professional qualifications of officers, and to certify to the board of examiners or to any special board of examiners appointed under the provisions of section seventy-two of chapter six hundred and four of the acts of the year nine¬ teen hundred and eight the professional standing of persons whose competency to hold commissioned office in the militia is under investigation. The board of examiners shall admin¬ ister the oaths prescribed by section seventy-three of said chapter six hundred and four. Section 5. The commander-in-ehief shall make regula¬ tions for the examination of officers in accordance with law, and may alter and amend the same from time to time in his discretion; but such regulations shall provide methods whereby a just and reasonable opportunity shall be given to all officers to challenge statements of fact or opinion which they deem to be untrue or unfair in any data relating to their personal history or military record which may be on file in the military archives of the commonwealth before the same are passed upon by the board of examiners or any special board of examiners; and such regulations shall fur¬ ther provide that no action predicated upon facts derogatory Board of examiners to consist of nine line officers. Academic boards to certify. Board of examiners to administer oaths. Regulations for examina¬ tion of officers. 42 No action to the prejudice of officer until fair and impartial hearing. Quorum. Temporary details. Board of examiners to keep full record. Examinations recorded verbatim. Records to be approved and pre¬ served. Certify names of officers found competent. Officer failing to pass to be discharged. Officer ag¬ grieved may appeal. to tlie character, reputation, or ability of an officer shall be taken by any board of examiners to the prejudice of such officer until after a fair and impartial hearing before such board, or before some other appropriate board, court of inquiry, or court-martial, if a hearing is demanded. Section 6. A majority of the members of any board pre¬ scribed in this act shall constitute a quorum thereof. The commander-in-chief may, if he deems it necessary, make temporary details to fill vacancies in any such board caused by the temporary disability or absence of one or more members. Section 7. The board of examiners shall keep a full rec¬ ord of its proceedings and findings in the case of each officer appearing before it for examination, which shall be signed by the president of the board and by the recorder who shall be first sworn in the manner provided for recorders of courts of inquiry. All oral examinations and investigations shall be recorded verbatim, as nearly as possible, and all exami¬ nation papers, certificates, reports, communications and other documents considered by the board in reaching its finding shall be attached to the record as exhibits. The records of each meeting of the board shall be submitted to it at its next meeting for approval or correction, and, together with the exhibits attached thereto, shall be transmitted to the adju¬ tant general who shall preserve the same for a period of not less than five years, and shall, when so ordered, lay the same before the commander-in-chief. Section 8. The board of examiners shall certify to the commander-in-chief the names of all officers whom it finds to be competent, and the commander-in-chief shall there¬ upon order such officers to duty. Section 9. An officer who fails to pass satisfactorily the required examinations within sixty days after his election or appointment, shall, unless further time is allowed for cause, forthwith be discharged by the commander-in-chief: pro¬ vided, however, that an officer aggrieved by the findings of the board of examiners, an academic board, or board of medical examiners, may, within ten days after the time when he receives notice of his failure to pass the required exami- 43 nations, appeal to the commander-in-chief for a re-exami¬ nation, specifying in his appeal the reasons on which he bases his grievance, and the commander-in-chief may, after an examination of the record of the case, refer the same back to the board for a reconsideration of its action, or may order a re-examination of such officer before a board con¬ voked by the commander-in-chief for that purpose. If the commander-in-chief dismisses the appeal, or the action of the board to which the matter is referred be unfavorable to the officer appealing, such officer shall forthwith be dis¬ charged by the commander-in-chief. Section 10. An officer who has failed to pass satisfac¬ torily the required examinations, but who is otherwise enti¬ tled to be retired, may, in the discretion of the commander- in-chief, be placed upon the retired list with the rank to which his new commission entitles him, instead of being dis¬ charged as provided in section nine of this act; and any officer discharged for failure to pass satisfactory examina¬ tions may enlist to secure continuous service, and his enlist¬ ment shall date from the day of his election or appointment to the office for which he failed to pass satisfactory exami¬ nations, if he so enlists within thirty days after the date of his discharge from the office to which he was elected or ap¬ pointed. A commissioned officer who has been discharged or retired by reason of failure to pass satisfactory examina¬ tions shall not be eligible for election or appointment to an active commission in the militia within two months after such discharge or retirement. Section 11. The provisions of this act shall, so far as they are applicable, apply also to any special board con¬ voked by order of the commander-in-chief for the examina¬ tion of officers. Section 12. Wherever in this act military titles are used they shall be construed to include equivalent naval titles. Section 13. Sections sixty-one to seventy, inclusive, of chapter six hundred and four of the acts of the year nine¬ teen hundred and eight, and all other acts and parts of acts inconsistent herewith are hereby repealed. Section 14. This act shall take effect upon its passage. Officer fail¬ ing to pass may be re¬ tired under certain conditions. Enlistment for continu¬ ous service. Not eligible for commis¬ sion within two months. Special examining boards. Naval titles. Repeal. 44 Officer hav¬ ing passed not to be again ordered before board of examiners. Officer may be passed conditionally. Incompetency, etc., not amenable to court-martial may be in¬ vestigated by special board. Procedure of special board. Section 71. An officer who has passed his examination and has been assigned to duty shall not thereafter be ordered before the board of examiners while acting under the same commission; but said board may pass a candidate condition¬ ally and order him to appear for further examination within ninety days after the date of his first examination, and an officer so conditionally passed who fails to appear before the board within the time designated, and does not furnish satis¬ factory explanation of his absence, or who then fails to pass a satisfactory examination, shall be discharged by the com¬ mander-in-chief. Section 72. An officer who in the opinion of his com¬ manding officer is incompetent, or is impairing the effi¬ ciency of the organization to which he is attached, by mis¬ management, neglect, or misconduct in civil life for which he is not amenable to court-martial, may, upon the request of his commanding officer, be ordered to appear before a special board of examiners consisting of not less than three nor more than seven officers, none of whom shall be of lower rank than the officer under investigation. The members of such board may, for cause, be challenged by the accused as provided by the regulations as to courts-martial, and vacan¬ cies thus created shall be filled in the manner prescribed for military boards. Said board shall without delay inquire into the charges preferred against the accused, and may examine him, as provided in section sixty-three, as to his mental and military qualifications; but the accused may produce any competent evidence by witnesses or otherwise, and may be represented by counsel. The president of such board may administer oaths to witnesses, and may issue summonses as provided in section one hundred and eighty-five; and officers or soldiers failing to serve such summons or failing to ap¬ pear when so summoned without a sufficient excuse, shall be liable to trial by court-martial as for disobedience of orders, or may, as well as other witnesses failing to appear, be com¬ pelled to appear, as provided by section ten of chapter one hundred and seventy-five of the Revised Laws. Such board may, with the approval of the commander-in-chief, require a judge advocate to attend its sittings, when taking testimony or investigating any complaint. It shall report the facts, 45 with the evidence and its recommendations, to the com¬ mander-in-chief, who may, if the board so recommends, discharge such officer. An officer failing to appear, as ordered, before such special board shall be discharged by the commander-in-chief. Section 73. Every commissioned officer, before entering upon the performance of his official duties or exercising any command, shall take and subscribe the following oaths and declarations: — I, A. B., do solemnly swear that I will bear true faith and allegiance to the commonwealth of Massachusetts, and will sup¬ port the constitution thereof. So help me God. I, A. B., do solemnly swear that I will obey the lawful orders of all my superior officers. So help me God. I, A. B., do solemnly swear that I will faithfully and impar¬ tially discharge and perform all the duties incumbent on me as , according to the best of my ability and understanding, agreeably to the rules and regulations of the constitution and the laws of the commonwealth. So help me God. I, A. B., do solemnly swear that I will support the constitu¬ tion of the United States. So help me God. All officers shall take and subscribe the said oaths before the examining boards, except the staff officers of the com- mander-in-chief, who may take the said oaths before any competent authority; and the following certificate shall be printed on every commission and shall be signed by the person before whom the officer is qualified: — This may certify that A. B., commissioned as within, on this day of , A. D., , personally appeared and took and subscribed the oaths re¬ quired by the constitution and laws of this commonwealth and by a law of the United States, to qualify him to discharge the duties of his office. Before me, Appointment and Reduction of Noncommissioned Officers. Section 74. Noncommissioned staff officers and color ser¬ geants of regiments, battalion of field artillery, squadron of cavalry, the naval brigade, corps of cadets, and staff corps Oath of office. Qualifying officers. Certificate of qualifica¬ tion. Noncommis¬ sioned officers, appoint¬ ment, etc. 46 First ser¬ geants, quar¬ termaster sergeants, and stable sergeants appointed by company commander. Appointment of company noncommis¬ sioned officers recommended by company commander. Mechanics, cooks, etc., appointed by company commander. Coast artillery corps non¬ commissioned staff officers. and departments, shall be appointed and warranted by their respective permanent commanders. Such commanders shall appoint and warrant the noncommissioned officers of com¬ panies, as provided in the next three sections; but they may withhold such appointment if in their judgment there be proper cause. Noncommissioned officers of unattached com¬ panies shall be appointed and warranted by their respective captains. First sergeants, quartermaster sergeants and sta¬ ble sergeants shall be appointed by the permanent company, battery, troop or corps commanders, without reference to higher authority, from the duty sergeants of their respective organizations, and, by said commanders, respectively, may be returned to the grade of duty sergeant at any time. They shall be appointed and returned to the grade of duty ser¬ geant by a company order, a copy of which shall be for¬ warded at once to the adjutant general, and to regimental, separate battalion, squadron and corps headquarters; and the relative seniority of first sergeants, quartermaster ser¬ geants and stable sergeants shall be determined by the dates of the orders appointing them. Section 75. Company noncommissioned officers shall be appointed by regimental commanders, or by separate bat¬ talion commanders, on the recommendation of their company commanders; but in no case shall any company organization have an excess of noncommissioned officers above the num¬ ber allowed by law or orders. The noncommissioned officers of coast artillery corps companies shall, upon the recommen¬ dation of the company commanders, be appointed by the chief of the coast artillery corps. Section 76. Chief mechanics, cooks, farriers and black¬ smiths, mechanics, artificers, saddlers, wagoners, musicians, trumpeters, and first class privates shall be enlisted as pri¬ vates, and after joining their companies shall be appointed by their respective company commanders. For inefficiency or misconduct they shall be subject to reduction by the same authority. Section 77. The coast artillery corps noncommissioned staff officers shall be appointed by the chief of coast artillery, after due examination under rules announced from time to 47 time. They shall be furnished with warrants signed by the chief of coast artillery. The appointment shall take effect on the day upon which it is made, and the warrant may be continued in force upon discharge and reenlistment, if reen¬ listment be made within thirty days following the discharge. Every reenlistment and continuance shall be noted on the warrant. Section 78. Appointments of company noncommissioned officers shall take effect on the day of appointment by the authorized commander, and of first sergeants, quartermaster sergeants, stable sergeants, chief mechanics, cooks, artificers, farriers and blacksmiths, mechanics, saddlers, wagoners, musicians, trumpeters, and first class privates on the day of appointment by the company commander. Section 79. [This section repealed by chapter 167, Acts of 1909, which took effect March 13, 1909.] Section 80. The permanent commander of any regiment, battalion of field artillery or squadron of cavalry, the naval brigade, corps of cadets, staff corps and departments, or an unattached company, may reduce to the ranks any company noncommissioned officer of his command. Permanent com¬ manders of regiments, battalion of field artillery, squadron of cavalry, the naval brigade and of cadet corps, and staff corps and departments, may reduce to the ranks noncommis¬ sioned staff officers of their corps. Company noncommis¬ sioned officers may be reduced to the ranks by sentence of courts-martial. Company noncommissioned officers, having been appointed and assigned to duty, shall not thereafter be reduced to the ranks except at their own request, or for cause clearly set forth in the order reducing them. Enlistment and Muster-in of Soldiers. Section 81. Every person ,enlisting in the volunteer mili¬ tia shall be mustered into the service of the commonwealth for a term of three years; but a soldier who has received an honorable discharge from the Massachusetts volunteer mili¬ tia, at the expiration of his term of service, may reenlist and be mustered in for a term of one, two or three years at his election. Terms of service, except in cases of reenlistment, When ap¬ pointments take effect. Reduction to ranks of non¬ commissioned officers. Term of enlistment. 48 For continu' ous service. Enlistments to be as privates. Recruiting officers. Enrolment of not over fifteen ap¬ plicants for enlistment. Mustering officers. Returns of enlistment and muster-in. shall begin at noon on the clay of enlistment, if the enlisted man is mustered in within thirty days thereafter. When a soldier reenlists, and is mustered into service within thirty days after the expiration of his previous term, his term of service shall be considered as continuous and shall begin at noon of the day of such expiration, and enlistments and mus¬ ters shall so be dated. Section 82. All soldiers, except noncommissioned staff officers, shall be enlisted and mustered in as privates. Section 83. The commanding officers of regiments, sepa¬ rate battalion, or squadron and the naval brigade shall be the recruiting officers for their respective noncommissioned staffs and enlisted men attached to the headquarters of their com¬ mands. The commanding officers of corps of cadets, and staff corps and departments, shall be recruiting officers for their respective corps; and persons appointed by the com- mander-in-chief for new companies shall act as recruiting officers thereof until a captain is elected or appointed. Com¬ pany commanders shall be the recruiting officers for their commands. Upon a vacancy the commanding officer of regi¬ ments, separate battalion and squadron, may order some officer to perform the duty until the vacancy is filled. Re¬ cruiting officers may enroll applicants for enlistment above the maximum allowed by law, not exceeding fifteen in num¬ ber in each company, and such applicants may be instructed and drilled as recruits, and in the discretion of the recruiting officer may be preferred for enlistment as vacancies may occur. Section 84. The officers named in the preceding section as recruiting officers shall be mustering officers for mustering in and administering the prescribed oath of enlistment to all soldiers enlisted by them. Mustering officers shall forward to the commander-in-chief, through the proper military channels, the returns of the enlistment and muster-in of soldiers as soon as practicable, and not later than ten days thereafter. Such returns shall be in such form, and accom¬ panied by such certificates, descriptive lists and other infor¬ mation relating to the recruit, as may be required by law or prescribed in orders by the commander-in-chief. But no 49 recruit shall knowingly and intentionally be accepted who is not eligible for enlistment under the law, or who is phys¬ ically or otherwise below the standard prescribed by the commander-in-chief. No recruit having been accepted shall be mustered into the service until all the requirements of the statute law, of the militia regulations, and of all proper orders relating to the enlistment and muster-in of soldiers have been complied with. Section 85. Recruits shall sign an enlistment roll, in form as follows: — I, whose signature is hereunto affixed, do hereby enlist, [or reenlist, as the case may be] in [company, battalion or regiment or corps, etc.] of the Massachusetts volunteer militia for the term set against my name, subject to all laws and regulations which may govern the same; and I do declare that I know of no impediment to my serving honestly and faithfully as a soldier for the term of my enlistment. Section 86. As soon as practicable, within thirty days after such enlistment, the recruit shall be mustered in by a mustering officer, before whom he shall make oath as fol¬ lows : — I, , do solemnly swear that I will bear true faith and allegiance to the commonwealth of Massachu¬ setts, and will support the constitution thereof; and I do also solemnly swear that I will faithfully observe and obey all laws and regulations for the government of the volunteer militia of said commonwealth, and the orders of all officers elected or appointed over me. I do also solemnly swear that I will support the constitution of the United States. So help me God. Sworn to before me, Mustering Officer. Section 87. No enlisted man shall be held to duty in the volunteer militia or receive any compensation or allowance until he is mustered in. If a soldier reenlisting is absent from the commonwealth, or is at such a distance from his command that he cannot be mustered in by the mustering officer of his regiment, separate battalion, squadron, naval brigade, department or corps, he may, with the approval of Recruits to sign enlist¬ ment roll. Oath to be administered by mustering officer. Not held to duty until mustered in. Soldier absent from com¬ monwealth, etc., may take oath before certain civil officers. 50 Muster in of unfit persons forbidden. No enlistment during term of service. Service medals and clasps. Discharge of a com¬ missioned officer. Honorable discharge of commissioned officer. his proper commanding officer, in order to secure continuous service, take the oath of muster before a notary public, United States commissioner, or if he is abroad, before a United States consul. Section 88. The commanding officer of any regiment or battalion of field artillery or squadron of cavalry, the naval brigade and corps of cadets, may forbid the mustering in of any person enlisted if in his judgment such person is unfit to be a member of the volunteer militia. Section 89. No soldier whose term of service in one or¬ ganization has not expired shall enlist in another organiza¬ tion of the volunteer militia. Section 90. To each officer or enlisted man who com¬ pletes nine years of honorable service, continuous or other¬ wise, there shall be issued a medal, and for each additional five years of like service, a clasp to be affixed thereto. Ac¬ tive, retired or honorably discharged officers and enlisted men who have served in the military or naval service of the United States in time of war and have been honorably dis¬ charged therefrom, shall receive an additional clasp in¬ dicative of such service, to be affixed to the medal herein provided for. Discharge and Retirement of Commissioned Officers. Section 91. [As amended by section 1, chapter 444, Acts of 1912.] An officer may be discharged by order of the commander-in-chief upon an address of both branches of the general court, to carry out the lawful sentence of a court-martial, or under the provisions of sections seventy-one or seventy-two of this act. Section 92. [As amended by section 2, chapter 444, Acts of 1912.] An officer may be honorably discharged by the commander-in-chief upon removal of residence from the commonwealth; upon tender of resignation; upon the dis¬ bandment of the organization to which he belongs; or when he accepts an appointment in the army or navy of the United States. Officers in staff departments and staff corps shall be discharged or retired as provided for in the case of officers of the line. 51 Section 93. The term of office of a brigadier general of the line shall hereafter be five years, and he shall be ineligible for reelection; but this section shall not affect the tenure of office of any brigadier general of the line holding said com¬ mission on May twenty-sixth, nineteen hundred and six, for whom the term of office shall be seven years from the date of his election. Section 94. The term of office for a colonel of a regi¬ ment, for the colonel of the coast artillery corps, and for the captain of the naval brigade shall hereafter be seven years, and he shall be ineligible for reelection; but officers holding such commissions on May twenty-sixth, nineteen hundred and six, shall be allowed to serve thereunder for seven years from that date. Section 95. Any officer designated in the preceding sec¬ tions who shall serve hereafter the full term allowed by this act, shall, upon his own request, be placed upon the retired list with the rank next above that held by him at the time of the making of such request. (See chapter 449, Acts of 1911, fixing term of office of cer¬ tain chiefs of departments, inserted after section 20 in this codification.) Section 96. [As amended by chapter 441, Acts of 1912.] Any commissioned officer in the militia service who has served as such in the active militia of this commonwealth for the period of ten years may, upon his own application, be placed upon the retired list with the rank held by him at the time of making such application; but an officer who, at the time of making such application, has remained in the same grade for the period of ten years, or has served as a commissioned officer for the period of fifteen years, or having served in the army or navy of the United States in time of war and having been honorably discharged therefrom has also served as a commissioned officer in the militia of this commonwealth for the period of five years, may be retired with the rank next in grade above that held by him during the six months preceding the time of making such applica¬ tion. Any commissioned officer requesting retirement after the completion of twenty-five years or more of commissioned service may be placed upon the retired list with such in- Tenure of office of brigadier general of the line. Tenure of office of colonel of a regiment or coast artillery corps and cap¬ tain of naval brigade. Certain officers may be retired. Retirement of commissioned officers. 52 Officer may be retired when phys¬ ically unfit for duty. Certain discharged officers may be placed upon retired list. Names of re¬ tired officers to be printed in register. Privileges and duties of retired officers. crease in rank as the commander-in-chief may direct. A commissioned officer upon the retired list who accepts a commission in the active militia may at any time, upon his application, be placed again upon the retired list with the rank with which he was formerly retired: provided, however, that if his latest service on the active list has entitled him to a grade on the retired list higher than that previously held by him, he shall be given such higher grade. At his own request, an officer applying for retirement, or a retired officer, may be given any rank of the same grade then held by him or of a lower grade. Section 97. The commander-in-ehief may retire any com¬ missioned officer who shall have been ordered by him before a medical board consisting of at least three commissioned medical officers, if such board report him to be physically unable to perform the duties of his office. Section 98. Any officer who has been honorably dis¬ charged from the militia since the year eighteen hundred and ninety-eight, may, upon application to the commander-in- chief, have such discharge rescinded, and be placed upon the retired list under the provisions of this act. Section 99. The names and records of all retired offi¬ cers shall annually be printed in a separate register in the order of their retired rank, to be appended to the report of the adjutant general. Section 100. Retired officers shall be commissioned on the retired list by the commander-in-chief, and on occasions of ceremony may, and when acting under orders as hereinafter provided shall, wear the uniform of their retired rank. They shall be eligible to perform any military duty to the same extent as if not retired, and the commander-in-chief may, in his discretion, require them to serve upon military boards, courts of inquiry and courts-martial, or to perform any other special or temporary military duty, and for such service they shall receive the pay and allowances provided for like service by officers of the active militia: provided, however, that they shall only receive the pay, allowances and benefits provided for in this act while on active duty. They shall be amenable to court-martial for military offences, as if upon the active list of the volunteer militia. Their names shall be borne on 53 a separate roster, kept under the supervision of the adjutant general. They shall report to the adjutant general any change in their residence. An officer now on the retired list may, on application, receive a commission on the retired list as provided above, and such commission shall state the date on which he was retired. Section 101. The commander-in-chief may dismiss an officer who has been convicted of crime, or who has been dishonorably discharged or dismissed from the service of the United States, or from the militia of this or any other state; or he may dismiss an officer in order to carry out the sen¬ tence of a court-martial. Section 102. Officers discharged from the service of the commonwealth shall be entitled to a certificate of discharge, in such form as the commander-in-chief shall direct. Discharge of Enlisted Men. Section 103. [As amended by chapter 87, Acts of 1912.] No enlisted man shall be discharged before the expiration of his term of service, except by order of the commander-in- ehief, and for the following reasons: upon acceptance of promotion by commission; upon removal of residence from the commonwealth, or so far from the bounds of the com¬ mand to which he belongs that he cannot, in the opinion of his commanding officer, properly perform his military duty; upon disability, established by certificate of a medical officer; upon conviction of a felony; when in the opinion of the com¬ mander-in-chief the interests of the service require his dis¬ charge ; to carry out the sentence of a court-martial; or upon application of his company commander, approved by a superior commander: provided, however, that whenever the commanding officer of a company shall apply to his superior commander for the discharge of an enlisted man as last pro¬ vided above, he shall at once notify the enlisted man of such application; and should the enlisted man, within seven days after such notification by his company commander, apply directly to the commanding officer of his organization, or, in case of unattached companies, to the adjutant general, for a hearing upon the application for his discharge, he Dismissal of officer. Certificate of discharge. Reasons for discharge. Man to be notified when discharge applied for by company commander. 54 Dishonorable discharge. Certificate of discharge. Commissioned officers to provide them¬ selves with uniforms, etc. Uniform or insignia to be worn only by persons en¬ titled thereto. Penalty for unauthorized wearing. Organiza¬ tions to be provided with uniforms, etc. Quartermas¬ ter general to issue upon requisition. shall be given a hearing, and, if he so requests, shall be represented by counsel, at his own expense. Section 104. A dishonorable discharge, or a discharge in such form as to forbid reenlistment, shall be given only upon a sentence of a court-martial. Section 105. A discharged soldier shall be furnished with a certificate of discharge, setting forth his rank, and stating clearly the reason for his discharge. Arms, Uniforms and Equipments. Section 106. [As amended by chapter 67, Acts of 1912.] Commissioned officers shall provide themselves with uni¬ forms, arms and equipments prescribed by the commander- in-chief, which shall be free from attachment, distress, exe¬ cution or sale for debt or payment of taxes. Any part of the uniform or insignia of rank prescribed for the officers or enlisted men of the volunteer militia shall be worn only by persons entitled thereto by commission or enlistment under the laws of this commonwealth or of the United States or of another state of the United States; but an hon¬ orably discharged officer or enlisted man may upon public occasions wear the uniform and insignia of rank to which his commission or rank entitled him while in service. A per¬ son violating any provision of this section shall be punished by a fine of not less than ten and not more than one hun¬ dred dollars, on complaint of any officer or enlisted man of the militia. Section 107. [As amended by chapter 554, Acts of 1911.] Except as provided in the preceding section, organ¬ izations of the volunteer militia shall be provided, at the expense of the commonwealth, with the uniforms, arms, equipments, colors, musical instruments, books of instruc¬ tion and of record, supplies and camp and garrison equipage and wagons and draft horses necessary for their proper training and instruction and the performance of military duty. Such property shall be issued, by the quartermaster general, upon requisition, to the commanders of brigades, regiments, separate battalion, squadron, corps of cadets, companies, staff corps and departments, or detachments; but in time of peace no uniforms, arms, equipments or sup- 55 plies shall be issued to or for the use of any company which has not the minimum number of enlisted men. The quarter¬ master general is authorized to make sales of clothing, equip¬ ment, ordnance stores and medical stores for cash to officers and enlisted men of the Massachusetts volunteer militia, and the money so received by him shall be paid to the treasurer of the commonw’ealth. Section 108. The uniform of the volunteer militia shall conform as nearly as practicable to that of the regular army of the United States, shall be substantially alike for each arm of the service, and the style shall be prescribed by the commander-in-chief. No uniforms, except required yearly supplies, shall be provided by the commonwealth without a special appropriation for that purpose, and they shall be purchased under such inspection as the commander-in-chief may direct. Section 109. The uniforms, arms, equipments and other property so provided shall remain the property of the com¬ monwealth, shall be used only for military purposes, and shall be returned when ordered by the quartermaster general. Section 110. An officer shall, on the first days of July and December in each year, make a full return of the public property for military use for which he is accountable, in such form as may be prescribed, and shall within fifteen days thereafter forward it to the quartermaster general. Section 111. All arms, equipments and military prop¬ erty furnished to the several commands shall be deposited in the armories or command headquarters. Section 112. Every officer, noncommissioned officer and soldier shall immediately after use return thereto all military property of the commonwealth issued to him for military service, and the possession by him when not on duty, or with¬ out permission, of any such property elsewhere than in the armory or command headquarters, shall be prima facie evi* dence of embezzlement. Section 113. No soldier shall wear or use, except upon military duty or by special permission of his company com¬ mander or other competent authority, any uniform or other article of military property belonging to the commonwealth. Section 114. An officer, noncommissioned officer or sol- Quartermas- ter general authorized to make sales to officers and enlisted men. Uniform to conform to that of regU' lar army of the United States. To be used only for mili¬ tary purposes. Return to quartermas¬ ter general July 1 and December 1 each year. To be kept in armories or headquarters. To be re¬ turned after use. To be worn only on duty or with per¬ mission. Responsi¬ bility. 56 Penalty for soldier who destroys, injures or defaces. Procedure to institute proceedings against offender. Penalty for unlawful pos¬ session, etc. dier shall be responsible for the care, safe keeping and return of a uniform or other military property delivered to him; he shall use the same for military purposes only, and upon re¬ ceiving a discharge or otherwise leaving the military service, or upon the demand of his commanding officer, shall forth¬ with deliver such uniform, and all other military property in his possession, to said commanding officer, in good order and condition, reasonable use and ordinary wear thereof ex¬ cepted. Section 115. A soldier who wilfully or maliciously de¬ stroys, injures or defaces any military property belonging to or in the care of the commonwealth, or retains it in viola¬ tion of any provision of the two preceding sections, shall, on complaint of the officer responsible for such property, be punished by a fine of not more than double the value of the property destroyed, injured or defaced, such fine to be paid to the quartermaster general and to be placed to the credit of the company commander’s property account. When any officer or enlisted man neglects or refuses to return any mili¬ tary property of the commonwealth or of the United States or of any militia organization, or to account satisfactorily for it to the officer responsible for the custody of the property, such custodian may make a written complaint directly to the chief of the district police, describing the offender and the missing property, and thereupon the district police shall make diligent search for the property and the offender, and shall institute proceedings against the offender, if found, by complaint and summons, or by arrest in case the charge against the offender is embezzlement. Upon the filing with the court by a member of the district police of a copy of the complaint made by the militia officer, any court of com¬ petent jurisdiction shall issue a summons to the defendant to appear, but no warrant shall be granted except upon the sworn complaint of such militia officer. Section 116. Whoever wrongfully purchases, retains or has in his possession any tool or implement marked or branded as provided in section thirty-nine, or any weapon of ordnance or article of clothing, camp and garrison equipage or field equipage issued by the United States or the com- 57 monwealth, unless the same shall have been issued to him or is in his possession in accordance with law, shall be punished by a fine not exceeding ten times the value thereof. Every officer and enlisted man of the militia who may lose through carelessness or neglect, carry away or unlawfully dispose of arms, equipment or other military property belonging to the United States or to the commonwealth, shall be charged with the money value thereof, as determined by a surveying officer or a board of survey appointed by the commander-in-chief to investigate and report upon the case and to submit with such report all the evidence bearing upon the loss or dispo¬ sition of the property. Section 117. Commissioned officers shall exercise the strictest care and vigilance for the preservation of the uni¬ forms, arms, equipment and military property furnished to their several commands; and in case of any loss thereof or damage thereto, by their neglect or default, they shall be liable to punishment by sentence of court-martial for neglect of duty. Section 118. An officer shall be accountable for public ' property received by him for military use; and shall not sell, loan or transfer the same, or any part thereof, without the authority of the commander-in-chief; and shall be liable to the commonwealth for all property defaced, injured, de¬ stroyed or lost by his neglect or default, or for its value, to be recovered in an action of tort brought by the judge advo¬ cate general in the name of the commonwealth. Section 119. An officer of the volunteer militia upon va¬ cating an office, shall turn over to his immediate successor or other officer designated by the commander-in-ehief all rec¬ ords, reports and military property in his possession belong¬ ing or in any way pertaining to such office. Section 120. Upon the disbandment of any organization which has received property for military use from the quar¬ termaster general, the commissioned officers thereof shall be responsible for the safe return to him of all such property in its possession; and the officer receipting for such prop¬ erty shall be liable for any loss or damage thereto as pro¬ vided in section one hundred and eighteen. Surveying officer or board of survey. Officers liable to court- martial for damage to military prop¬ erty by their neglect or default. Accounta¬ bility, etc. Officer to turn over property to his successor, or other officer designated. Liability upon dis¬ bandment of organization. 58 Liability not affected by resignation, discharge, etc. Adoption of other than prescribed uniform. Organiza¬ tions may own personal property. Inspection and condem¬ nation of military property. Section 121. Until an officer or his legal representative receives from the adjutant general notice that the property accounts of such officer have been found correct, the liability of such officer or of his estate for public property for which he is or may have been responsible shall not be affected by his resignation, discharge, change in official position or death. Upon the death or desertion of an officer responsible for public property his immediate commander shall at once cause such property to be collected, and a correct inventory made by actual count and examination and forwarded to the adjutant general; and compensation for any deficiency may be recovered as provided in section one hundred and eighteen. Section 122. Any organization of the militia may, with the approval of a majority of its commissioned officers and of the commander-in-chief, adopt at its own expense any other uniform than that prescribed in section one hundred and eight; but such uniforms shall not be worn, except by permission of the commander-in-chief, when such organiza¬ tion is on duty under his orders. Section 123. Volunteer organizations may own personal property, which shall be under the control of the active mem¬ bers thereof; and the commanding officer of any organization may recover in his own name for its use in any county where such organization or part thereof is located any debts or effects belonging to it, or damages for injury to such prop¬ erty. No suit or complaint pending in his name shall be abated by his ceasing to be commanding officer of the organ¬ ization; but his successor shall be admitted to prosecute the suit or complaint. Section 124. [As amended by chapter 142, Acts of 1912.] The inspector general with two officers designated by the commander-in-chief shall constitute a board to inspect and condemn public military property unfit for use; and no property shall be sold until it has so been inspected and condemned, and such condemnation approved by the com¬ mander-in-chief. Subsistence stores of a perishable nature, which would spoil before action could be taken under a board of inspection as above provided, may be sold by the officer 59 responsible therefor, after survey by a surveying officer appointed by the commanding officer of the organization. The report of the survey, approved by the commanding offi¬ cer, shall be forwarded by the accountable officer with his report of the sale. The proceeds of all sales made hereunder shall be paid into the treasury of the commonwealth. Section 125. The committee on military affairs of the general court shall annually visit the arsenal, state camp ground and storehouses, and shall thoroughly examine the same, and the condition of the arms and munitions of war and other property of the commonwealth or general govern¬ ment deposited therein, and shall make report thereof to the general court. Section 126. The quartermaster general, under the direc¬ tion of the commander-in-chief, may, without expense to the commonwealth, lend military camp equipage to any state en¬ campment of posts of the grand army of the republic, and may permit any such encampment to occupy the state camp ground at Framingham and its appurtenances for a state encampment, when this can be done without interfering with its use by the militia. A bond, with sufficient sureties in dou¬ ble its value, shall be given for the return of such camp equipage without loss or damage. Chapter 118, Acts of 1909, approved February 26, 1909. All street railway, electric railroad, and elevated railway companies within the commonwealth are hereby authorized to transport military supplies and equipment over their re¬ spective lines, and from and to any point thereon, subject only to the supervision of, and to such regulations as may be imposed by, the board of railroad commissioners. « Armories. Section 127. The mayor and aldermen, or the selectmen, shall provide for each command of the volunteer militia, or detachment thereof, permanently stationed within the limits of their respective cities and towns, a suitable hall for the purpose of drill, and suitable rooms annexed thereto for the meetings of the command, for administrative work, and for Legislative committee to make exam¬ ination. Quartermas¬ ter general may loan camp equi¬ page to grand army of the republic. Railways and railroads to transport military property. Cities and towns to provide. 60 Fuel, lights, etc. Penalty. Drill hall to be provided in certain cases. Head¬ quarters. Allowance by com¬ monwealth to cities or towns for rental and maintenance of armories of the third class. the safe keeping of military property; and suitable rooms for each headquarters permanently located within their said limits, for administrative work, for the assembling of officers for instruction, and for the safe keeping of military prop¬ erty; and they shall provide for every such armory and headquarters the necessary fuel, lights, water, telephone service, janitor service, and necessary repairs, or shall make a reasonable allowance therefor. Any city or town failing to comply with the provisions of this section shall forfeit to the commonwealth not more than five thousand dollars; and any amount so forfeited shall be credited to the armory ap¬ propriation for the fiscal year in which the forfeiture occurs. Section 128. Where two or more commands of the vol¬ unteer militia are permanently stationed in the same city or town, the mayor and aldermen, or the selectmen, may, if practicable, provide for said commands a suitable hall for drill, to be used by them in common, provided that in every other respect the provisions of section one hundred and twenty-seven are complied with. When practicable, head¬ quarters shall be established in armories provided for their respective commands, or units thereof. When a company is formed by men residing in different cities or towns, the permanent location for its armory shall be determined by the vote of a majority of its members, subject to the approval of the adjutant general. Section 129. For each armory or headquarters located in a building not exclusively devoted to the use of the vol¬ unteer militia, provided and maintained by a city or town in compliance with the provisions of section one hundred and twenty-seven or section one hundred and twenty-eight, there shall annually be allowed and paid by the common¬ wealth the following amounts, which shall be in full for rental and for all other charges of maintenance: for an armory provided for one company, not to exceed nine hun¬ dred dollars; for each additional company quartered there¬ with, not to exceed four hundred dollars; for each head¬ quarters located in a building wherein are quartered no other troops, not to exceed four hundred dollars; for each headquarters located in the same building with other troops, 61 not to exceed two hundred dollars; for a detachment from any command, such amount as may be determined by the adjutant general: provided, however, that such amount shall be deducted from the total amount allowed by law for armory rental and maintenance at the home station of the command of which such detachment forms a part. Armories provided and maintained under the provisions of this section shall be designated and known as armories of the third class. Section 130. The mayor and aldermen or the selectmen shall provide and maintain for each command of the volun¬ teer militia or detachment thereof permanently stationed within the limits of their respective cities and towns suitable grounds for parade, drill and small arms practice. Any city or town failing to comply with this provision shall forfeit to the commonwealth not more than five thousand dollars, any amount so forfeited to be credited to the appropriation for small arms practice for the fiscal year in which the for¬ feiture occurs. When two or more commands of the vol¬ unteer militia are permanently stationed in the same city or town, the mayor and aldermen or the selectmen may, if practicable, provide for said commands a suitable range for small arms practice, to be used by them in common, provided that in every other respect the foregoing provi¬ sions of this section are complied with. Such grounds for parade, drill or small arms practice may be acquired by purchase, taking or lease. The mayor of any city or the selectmen of any town so purchasing or taking land shall cause a plan and description thereof to be filed in the regis¬ try of deeds for the county and district in which such land is situated; and such filing and the date thereof shall be notice to all persons of the purchase or taking; and the title to lands so purchased or taken shall vest absolutely in the city or town and its assigns. In case land is taken under authority hereof and the parties are unable to agree upon the damages, either party may file in the superior court within two years after the date of recording the taking, as above provided, a petition asking that the damages be assessed; and thereupon the damages shall be assessed in the manner provided for the assessment of damages in the Cities and towns to pro¬ vide grounds for parade, drill and small arms practice. 62 Allowances to cities and towns for rental and maintenance of armories of second class. ease of land taken for laying out highways. Cities and towns in which headquarters, commands or detachments of the volunteer militia are permanently stationed may raise money by taxation or otherwise for the purpose of acquiring land for drill grounds or ranges for small arms practice or for complying with the provisions of sections one hundred and twenty-seven and one hundred and thirty-one. Section 131. For each armory, other than an armory of the first class, maintained by a city or town in a building constructed or provided for the exclusive use and occu¬ pancy of the volunteer militia, no part thereof being devoted to any other purpose except in accordance with the later pro¬ visions of this section or with those of section one hundred and forty, there shall annually be allowed and paid by the commonwealth the following amounts: for the rental of an armory in which are quartered not more than two companies, an amount not exceeding twelve hundred dollars, and further sums not exceeding four hundred dollars for each company or two hundred dollars for each headquarters quartered in said armory in addition to the two companies first named: provided, however, that the aggregate sum allowed as rental for said armory shall not exceed four per cent of the total cost thereof, including the amounts paid for both land and building; for all other expenses of the maintenance of an armory maintained under the provisions of this section in which are quartered not more than two companies, a sum not exceeding six hundred dollars, and further sums not exceeding one hundred dollars for each company or fifty dollars for each headquarters in addition to the two first named companies, and quartered in the same building there¬ with. Armories constructed or provided and maintained under the provisions of this section shall be designated and known as armories of the second class. Cities and towns constructing or maintaining armories of the second class, as herein provided, may by enlargements of or additions thereto, in accordance with plans approved by the quarter¬ master general, provide rooms for municipal or town offices. The cost of such additions or enlargements shall be ascer¬ tained to the satisfaction of the quartermaster general, and 63 allowances for rents of such armories, so far as the same may be based upon the cost thereof, shall exclude the cost of such additions or enlargements. The amount to be allowed to a corps of cadets shall be determined by the commander-in-chief, but shall not exceed the allowance which would be made in the aggregate to a battalion of four companies and the headquarters thereof when quartered in an armory of the second class. Section 132. The governor, with the advice and consent of the council, shall appoint a regimental commander, who, together with the adjutant general and the quartermaster general, shall be armory commissioners. The adjutant gen¬ eral shall serve without compensation; the quartermaster general and the regimental commander shall receive such pay for duty performed as the commander-in-chief shall order. In addition to these three persons, the senior officer of the troops to be quartered in any armory shall be a consulting member of the armory commission during the period of construction of such armorv, but shall have no vote as a member of said commission, and shall serve thereon without compensation other than reimbursement for expenses ac¬ tually incurred in the performance of his duty. The armory commissioners shall have full supervision and control of the construction of all armories erected by the commonwealth, and on the completion and acceptance of any such armory the care and maintenance thereof, as well as the care and maintenance of all armories belong¬ ing to the commonwealth, shall devolve upon the quarter¬ master general. Section 133. [As amended by chapter 323, Acts of 1909, ^and chapter 665, Acts of 1912.] The armory com¬ missioners shall rebuild, remodel or repair armories of the first class which have been injured or destroyed by fire, and may reconstruct, remodel, enlarge or otherwise improve existing state armories, if in their judgment the needs of the service demand it, and shall construct addi¬ tional armories until the volunteer militia shall be pro¬ vided with adequate quarters. The armory commissioners • shall designate the location of armories so to be constructed i Armory com¬ missioners, appoint¬ ment, etc. Armories injured or destroyed to be restored, etc. 64 Taking of land for armories. Determina¬ tion of value of land taken. Purchase of armories of second class. and shall thereupon acquire by purchase or otherwise suit¬ able lots of land in the respective cities and towns desig¬ nated, and shall erect, furnish and equip thereon armories sufficient for one or more companies of militia, and for such other commands or headquarters thereof permanently stationed in any such city or town as they may deem neces¬ sary; but no land shall be acquired and no building shall be erected, reconstructed, remodeled or enlarged until the site and plans thereof, respectively, and the total cost to be authorized therefor, have been approved by the governor and council. The said commissioners shall cause to be re¬ corded in the registry of deeds for the county and dis¬ trict in which the land lies, a description of the land so taken, as certain as is required in an ordinary conveyance of land, with a statement signed by the commissioners that it is taken for the commonwealth; and thereupon title to the land so taken shall vest in the commonwealth. The act and time of filing the said description shall be the act and time of taking such land, and notice to all persons that the same has so been taken. The armory commissioners may, by agreement with the owner of the land taken, determine the value thereof, and, in default of such agreement, either party may have a jury in the superior court to determine such value in the man¬ ner provided for the determination of damages for land taken for laying out highways, if the petition therefor is filed in the clerk’s office of the superior court for the county in which the land lies within one year after the taking. The amount determined by agreement of said commissioners or by verdict as the value of any property so purchased or taken shall be paid from the treasury of the commonwealth upon the execution of such release or conveyance as shall be prescribed by the attorney-general. Section 134. The armory commissioners may, by agree¬ ment with the mayor and aldermen of any city or the selectmen of any town in which is located an armory of the second class, determine the value of the land and build¬ ings, and upon the approval of such agreement by the governor and council may purchase and acquire the said 65 armory for and in the name of the commonwealth, and thereupon title to the land and buildings so purchased and acquired shall vest absolutely in the commonwealth. The armory commissioners may by agreement with the owners of the armory of the first corps of cadets in the city of Boston and of the armory of company E, fifth regiment, in the city of Medford, determine the value of the land and buildings, and upon the approval of such agreement by the governor and council may purchase and acquire for and in the name of the commonwealth either or both of said armories. Section 135. To meet the expenses incurred under the preceding two sections, the treasurer and receiver general shall, with the approval of the governor and council, issue registered or coupon bonds in the name and behalf of the commonwealth and under its seal, for terms not exceeding thirty years, with interest not exceeding four per cent per annum, payable semi-annually on the first days of March and September. They shall be designated on the face thereof, Armory Loan Bonds, and shall be counter¬ signed by the governor. The treasurer and receiver general shall, on issuing said bonds, establish a sinking fund and shall apportion thereto annually an amount sufficient with its accumulations to extinguish the debt at maturity. The amount required each year to pay the interest and sinking fund requirements shall be raised annually by taxation. Section 136. Armories built by the armory commis¬ sion under the provisions of sections one hundred and fif¬ teen, one hundred and sixteen, one hundred and seventeen, one hundred and eighteen and one hundred and nineteen of chapter four hundred and sixty-five of the acts of the year nineteen hundred and five, as amended by section nine of chapter five hundred and four of the acts of the year nineteen hundred and six, and by sections six to ten, both inclusive, of chapter five hundred and twenty-six of the acts of the year nineteen hundred and seven, or under the corresponding provisions of earlier laws, and armories here¬ after erected under the provisions of this act, shall be . designated and known as armories of the first class. The May purchase armory of first corps of cadets and armory of company E, fifth regiment. Armory Loan Bonds. Armories of first class. 66 Cities and towns i’e- lieved of ■certain obli¬ gations, etc. Care and control of armories. Cities and towns provid¬ ing armories to make an¬ nual returns. armory loans heretofore issued are hereby ratified and con¬ firmed, and to meet the interest and sinking fund require¬ ments of the same, the treasurer and receiver general shall apportion to the sinking fund from year to year an amount sufficient with the accumulations of said fund and the amount now therein to extinguish at maturity the debt in¬ curred by all bonds issued by the commonwealth for armories. The amount necessary to meet the annual sink¬ ing fund requirements and to pay the interest on said bonds shall be raised annually by taxation. Any premium over the par value of said bonds received from the sale thereof shall form part of the sinking fund for their redemption. Section 137. Upon the taking for and in the name of the commonwealth of any armory of the first or second class, the adjutant general shall notify the city or town in which such armory is situated, and thereupon all the obliga¬ tions of said city or town under sections one hundred and twenty-seven and one hundred and twenty-eight of this act and all allowances and payments by the commonwealth for rent shall cease, as to the organizations quartered therein. All armories taken, purchased or erected under the pro¬ visions of this act shall be under the control of the com¬ mander-in-chief, and shall be cared for and maintained by the commonwealth, and the necessary expenditures for care and maintenance shall be made subject to the approval of the quartermaster general. Section 138. The mayor and aldermen of a city or the selectmen of a town providing an armory or armories, or headquarters, for the use of the volunteer militia, shall annually on or before the first day of February make re¬ turns thereof to the quartermaster general on blank forms to be provided by him. All statements contained therein shall be sworn to by at least two members of the board of aldermen or by two of the selectmen of the city or town. All such returns shall give the designation and location of each armory or headquarters, the name of each command or headquarters therein quartered, the rental paid or charged for the same, and, when required by the classification of such armories or headquarters, the expenses incurred in 67 heating, lighting, and repairing the same, in furnishing water, telephones and janitor service, as well as the aggre¬ gate cost of the land and building. The quartermaster gen¬ eral shall examine each return so made and shall allow or disallow, in whole or in part, the sums so returned, his decision being subject to review and amendment by the commander-in-chief. He shall, not later than March first of each year, file with the auditor his certificate, stating the sum allowed for each armory, the name of the command or headquarters occupying the same, and the city or town making the return, and thereupon he shall notify the mayor or the selectmen of the sum allowed, which shall be paid to such city or town: provided, however, that no return received by the quartermaster general after the first day of February shall be allowed. Section 139. Every officer whose command occupies, or assembles or drills in any armory, drill hall or building used according to law for such purpose, shall have control of such premises during the period of occupation, subject to the orders of his superior officers; and any person who intrudes contrary to his orders or to the orders of his superior officers, or who interrupts, molests, obstructs or insults the troops or any of them so occupying such prem¬ ises, may be ejected, forcibly, if necessary, or may be dealt with as provided in sections one hundred and sixty-four and one hundred and sixty-five for like offences, at the dis¬ cretion of such officer or of his superior officers; but in armories of the second and third classes reasonable inspec¬ tion of the premises may be made by the mayor and aider- men or by the selectmen, or by the owners of the premises if such inspection is according to the terms of the lease. Section 140. Armories provided for the militia shall not be used except by the organized militia for such mili¬ tary purpose or purposes incidental thereto as may be designated by the commander-in-chief: provided, however, that the commander-in-chief, upon terms and conditions to be prescribed by him and upon an application approved by the military custodian of an armory provided in any city • or town for the militia, may allow the temporary use of Officers to have control of armory. May eject intruder, etc. Use of armories. 9 68 Flags to be displayed on armories, etc. Flag of the common¬ wealth defined. Commander- in-chief or brigade com¬ mander may call out militia in case of invasion or insurrection. such armory for public purposes. The compensation fixed by the commander-in-chief for every such temporary use shall be paid to the treasurer and receiver general within ten days after the occupation of the armory for such tem¬ porary use ceases, accompanied by the certificate of the quartermaster general that the sum so paid is the correct amount; and all moneys so received shall be paid into the treasury of the commonwealth. Chapter 60, Acts of 1909, approved February 15, 1909, The flag of the United States and the flag of the com¬ monwealth shall be displayed on the main or administration building of each of the public institutions of the common¬ wealth. The flags shall be of suitable dimensions and shall be flown every day when the weather permits. The cost of such flags and of the necessary means for their display shall be paid from the appropriations for the several in¬ stitutions. Chapter 229, Acts of 1908, approved March 18, 1908. The flag of the commonwealth of Massachusetts shall bear on one side a representation of the coat-of-arms of the commonwealth, as prescribed by section one of chapter two of the Revised Laws, upon a white field, and on the other side a blue shield bearing a representation of a green pine tree, upon a white field. When carried as colors by troops or otherwise, the flag shall be bordered by a fringe and surmounted by a cord and tassels, the fringe, cord and tassels to be of golden yellow. The staff shall be of white ash or of wood of a similar light color, tipped with a spearhead of gilt. Tours of Duty, Inspection and Drills. Section 141. The commander-in-chief shall call out the volunteer militia to repel an invasion or to suppress an insurrection made or threatened. If such invasion or in¬ surrection or imminent danger thereof is so sudden that the commander-in-chief cannot be informed and his orders 69 seasonably received and executed, a brigade commander in that part of the commonwealth may order out his brigade, or any part thereof. Section 142. In case of a tumult, riot, mob, or a body of men acting together by force to violate or resist the laws of the commonwealth, or when such tumult, riot or mob is threatened and the fact appears to the commander-in¬ chief, to the sheriff of the county, to the mayor of the city or to the selectmen of the town, the commander-in-chief may issue his order, or such sheriff, mayor or selectmen may issue a precept, directed to any commander of a brigade, regiment, naval brigade, battalion, squadron, corps of cadets or company, within their jurisdiction, directing him to order his command, or a part thereof, to appear at a time and place therein specified to aid the civil authority in suppressing such violence and supporting the laws; which precept shall be in substance as follows: — Commonwealth of Massachusetts. To [insert the officer’s title] A. B., commanding [insert his command]. Whereas, it appears to [the sheriff, mayor or the selectmen] of the [county, city or town] of , that [here state one or more of the causes above mentioned] in our of , and that military force is necessary to aid the civil authority in suppressing the same: Now, therefore, we command you that you cause [your command, or such part thereof as may be desired], armed and equipped with ammu¬ nition and with proper officers, to parade at , on , then and there to obey such orders as may be given according to law. Hereof fail not at your peril, and have you there this precept with your doings returned thereon. This precept shall be signed by such sheriff, mayor or selectmen and may be varied to suit the circumstances of the case; and a copy of the same shall immediately be for¬ warded by such sheriff, mayor or selectmen to the com¬ mander-in-chief. Section 143. The officer to whom the order of the com¬ mander-in-chief or brigade commander, or such precept, is directed shall forthwith order the troops therein called for Commander- in-chief, sheriff, mayor or selectmen may order militia to aid civil authority in case of tumult, riot, mob, etc. Form of precept. Duties of officer to whom precept or order directed. 70 Penalty for refusal or neglect. Troops to appear as directed, armed, etc. Orders to be in writing when prac¬ ticable. Officers and soldiers not to be liable in certain cases. Officer to be detailed to command company with¬ out officers. to parade at the time and place appointed, and shall im¬ mediately notify the commander-in-chief of his order, di¬ rectly in the most expeditious manner, and by letter through the usual military channels. Section - 144. If an officer refuses or neglects to obey such order or precept, or if any officer or soldier neglects or refuses to obey an order issued in pursuance thereof, he shall be punished as a court-martial may adjudge. Section 145. Such troops shall appear at the time and place appointed, armed, equipped, and with ball ammuni¬ tion, and shall obey and execute such orders as they have received, or such additional orders as they may then and there receive from the governor, or from an officer serving under the provisions of section one hundred and forty-two. Section 146. Whenever practicable, all orders issued under the provisions of section one hundred and forty-five shall, at the request of the officers to whom they are ad- ’ dressed, be in writing and shall be signed by the officers or magistrates issuing the same. Such orders shall set forth the purposes to be accomplished by the military officer to whom they are addressed, but shall not prescribe the military measures to be used or the orders to be issued by said officer, who shall use such measures and issue such orders as he shall deem necessary to accomplish the purpose indicated. Section 147. No officer or soldier shall be liable, either civilly or criminally, for any injury to person or prop¬ erty caused by such officer or soldier, or by his order, while such officer or soldier is serving under the provisions of sec¬ tion one hundred and forty-two and is acting in obedience to and in execution of such orders as he may have received from the person or persons and in the manner prescribed by this act: provided, that the act or order causing such in¬ juries was not manifestly beyond the scope of the authority of such officer or soldier. Section 148. If a company without officers is ordered to march, or if a detachment is ordered therefrom, the com¬ mander of the regiment, battalion, squadron, naval brigade or corps shall detail an officer to command, who shall have 71 the same authority and responsibility as the captain of such company. Section 149. [In relation to cities and towns furnishing transportation, rations and supplies for the militia when doing duty under sections 141 or 142; repealed by chap¬ ter 116, Acts of 1912.] Section 150. When the entire volunteer militia has been called out under sections one hundred and forty-one or one hundred and forty-two, and a further force is re¬ quired, it shall be taken from the reserve militia, as pro¬ vided in section ten. Section 151. Each regiment, separate battalion, squad¬ ron, naval brigade, corps of cadets, staff corps and depart¬ ment, and unattached company of the volunteer militia shall parade for instruction one day in each year, at a time and place appointed by the commander-in-chief. The inspector general, his assistants, or other officers designated by the commander-in-chief, shall attend such tours of duty and within thirty days thereafter shall report in writing to the commander-in-chief upon the proficiency of the troops. Section 152. The volunteer militia shall perform not less than seven consecutive days of camp duty in each year, at a time and place designated by the commander-in-chief. Chapter 117, Acts of 1912, approved February 19, 1912. Section 1. Commanding officers of organizations to which are attached military bands, may, with the approval of the eommander-in-chief, excuse the members of such bands from performing the annual tours of camp duty with their organizations, or any part of such tours, and at any time thereafter may, with the approval of the com- mander-in-chief, order such bands to perform duty from time to time not in excess of the number of days for which they were excused from camp duty, and the members of the bands shall be paid for such duty at the same rate and with the same allowance which they would have received had they performed such duty at camp. Section 2. This act shall take effect upon its passage. Additional force to be taken from reserve militia. Militia shall parade for instruction one day in each year. Reports by inspector general or other officers. At least seven days camp duty each year. Bands may be excused from camp duty. 72 Encamp¬ ments held where. Camp duty: inspector general to report in thirty days. Judge advo¬ cate general: jurisdiction at camp. Notice for an¬ nual parade and camp duty. Delivery of orders. Meetings of officers and noncommis¬ sioned officers for instruc¬ tion six times in each year. Section 153. All encampments shall be held upon the state camp ground, unless otherwise directed by the com- mancler-in-cliief; and no ground shall be occupied for an encampment of the militia in time of peace without the consent of the mayor and aldermen of the city or of the selectmen of the town where the encampment is to be held, unless by order of the commander-in-chief. The common¬ wealth shall pay for the use of such ground on contracts approved by the adjutant general. Section 154. At each encampment the troops shall be thoroughly exercised in the routine of camp duty. The inspector general and such assistants as may be detailed shall be present, and he shall, within thirty days thereafter, report in writing to the commander-in-chief in regard to numbers, discipline and other matters affecting the char¬ acter or efficiency of the organizations. Section 155. The judge advocate general or any judge advocate may be detailed by the commander-in-chief to attend any encampment, and, during the encampment, shall within the limits of the camp and for a distance of one mile from the guard line, have the jurisdiction of a district court over all offences then and there committed. Section 156. The notice for the duty required at drills under section one hundred and fifty-one, and at camp under section one hundred and fifty-two, shall be given to each person verbally, or by delivery to him in person, or by leaving at his abode or usual place of business the order therefor, at least four days previous to the time appointed.' Section 157. Commanders of regiments, battalion of field artillery, squadron of cavalry, the naval brigade and corps of cadets or companies, may direct such orders to be de¬ livered by one or more of the enlisted men of their com¬ mand. Section 158. [As amended by chapter 642, Acts of 1911.] Brigade commanders may, six times in each year, call meetings for instruction of their staff officers, includ¬ ing attached departmental officers, field officers, adjutants, and captains of unattached companies of their commands, at some convenient place within the limits of their brigades, 73 or at such place as the commander-in-chief may designate. Commanders of regiments, separate battalion, squadron, naval brigade and corps of cadets may call similar meet¬ ings of the officers and non-commissioned officers of their respective commands, including attached departmental officers, six times in each year. No compensation shall be allowed for attendance at such meetings, but the quarter¬ master-general shall provide the necessary transportation for all officers and non-commissioned officers attending such meetings, at the rates established by law, when the distance travelled exceeds five miles. At the discretion of the commander-in-chief a school for officers may be established in any part of the commonwealth, under such regulations as he deems proper. Section 159. Brigade commanders may visit the head¬ quarters and companies of their brigades whenever they consider it necessary for military instruction. Commanders of regiments, battalion of field artillery and squadron of cavalry, of the naval brigade and naval battalions and of the cadet corps may visit the companies in their commands six times each year; lieutenant colonels, majors, adjutants and veterinarians, such companies as they are ordered to visit by regimental, separate battalion or squadron com¬ manders, six times each year; inspectors of small arms practice may visit the companies in their respective or¬ ganizations, when ordered so to do, three times each year; brigade staff officers, including attached departmental officers, when ordered so to do by their commanding officers, may visit each company in their brigade once in each year. The inspector general of small arms practice may visit the competitions of company teams in regimental, battalion, squadron, naval brigade, and corps competitions and com¬ petitions of regimental, battalion, squadron, naval brigade and corps teams in state matches. Mileage for such visits shall be allowed on receipt of returns therefor at the rate of four cents a mile each way, the distance being computed by the line of the most direct railway communication from the residence of the officer. Section 160. The commander-in-chief may order out any part of the militia for escort and other duties, and may authorize the use of mounted bands. Visits by cer¬ tain officers to head¬ quarters and companies authorized. Mileage for visits allowed. Escort duty, etc. 74 Officers or companies may be as¬ sembled for instruction. Company drills at least twice in each month. Company drills may be omitted in two months after camp. Each organi¬ zation to drill at least twenty-four times each year. Section 161. The commander of any regiment, battalion of field artillery or squadron of cavalry, the naval brigade or corps of cadets may at any time assemble the companies, or the officers of his command, for instruction; and the commander of a brigade, regiment, battalion, squadron, naval brigade or corps of cadets may order company in¬ spections in the evening at the several company armories, when the good of the service so requires. No greater num¬ ber of meetings than six shall be ordered without the ap¬ proval of the commander-in-chief; and when a greater num¬ ber is approved by the commander-in-chief transportation shall be furnished by the quartermaster general for the additional meetings. Section 162. [As amended by chapter 594, Acts of 1911.] Chapter 594, Acts of 1911, approved June 27, 1911. Section 1. Chapter six hundred and four of the acts of the year nineteen hundred and eight is hereby amended by striking out section one hundred and sixty-two and in- , serting in place thereof the following: — Section 162. In addition to the duty required by sections one hundred and fifty-one and one hundred and fifty-two, and to any duty that may be required under the provisions of sections one hundred and forty-one, one hundred and forty-two and one hundred and sixty, every company of the volunteer militia shall assemble for instruction and drill at least twice in each month and oftener upon the orders of the company commander or his superior commanding officers: provided, however, that in the discretion of the company commander, or of his superior commanding officer, all or part of the drills herein required may be omitted in the two months next following the calendar month in which the annual camp duty prescribed by section one hundred and fifty-two is performed, and such target practice or other exercises as they may direct may be substituted therefor; and provided, further, that each organization of the volunteer militia shall drill at least twenty-four times in each year as required by the act of congress approved January twenty-third, 75 nineteen hundred and three. Regimental, battalion, or squadron drills may be held in place of company drills; and transportation to and from the place of such drills shall be furnished by the quartermaster general for the companies, batteries or troops composing the regiment, battalion or squadron, if authorized by the commander-in¬ chief. Section 2. Ten of the drills or meetings for target prac¬ tice or other exercises required by section one hundred and sixty-two of said chapter six hundred and four, as amended by section one of this act shall, in each year, be designated by the commander-in-chief to be held at such times, places, and for such purposes as he may prescribe in orders. Such drills shall be of not less than one and one half hours each in duration, and shall, for convenience, be designated as u rendezvous drills.” No more than two of such rendez¬ vous drills shall be prescribed or held during any one calendar week. Section 3. For attendance at each rendezvous drill at which at least three fourths of the maximum enlisted strength of the company is present, there shall be allowed and paid to the enlisted men of that company of the volun¬ teer militia as follows: first sergeant, company quarter¬ master sergeant, stable sergeant, sergeant, cook, musician, chief petty officer, petty officer, first class, and petty officer, second class, one dollar and twenty cents; corporal and petty officer, third class, one dollar and five cents; all other enlisted men, ninety cents; and in addition thereto an amount equal to twenty per cent of said grade pay for each period of three years of service in the volunteer militia in excess of the first three years of such service, but not ex¬ ceeding, in any event, sixty per cent of said grade pay: provided, however, that an enlisted man shall not be en¬ titled to receive the pay provided for in this section unless he shall perform at least six days of camp duty in the same year under the provisions of section one hundred and fifty-two of chapter six hundred and four of the acts of the year nineteen hundred and eight, and shall also, in , the same year, make such record scores with the prescribed weapon of his arm of the service as the commander-in-chief shall require; and provided, further, that he shall not, Regimental, battalion or squadron drills. Ten “ rendezvous drills ” each year. Not more than two rendezvous drills in one week. Pay for rendezvous drills. Additional pay for periods of three years’ service. To receive pay must perform at least six days’ camp duty. Must make record scores. 76 If discharged, must be honorable. Forfeitures of pay for rendezvous drills. Pay rolls for rendezvous drills. Charges against sol¬ diers on pay rolls for rendezvous drills. prior to the fifteenth day of November in the same year, have been dishonorably discharged from the military or naval service of the commonwealth, or discharged therefrom for the best interests of the service or for cause predicated upon unfaithful or inefficient service. Section 4. For each absence from a rendezvous drill, an enlisted man not on furlough shall in addition to the loss of pay provided for in section three of this act, forfeit to the commonwealth an amount equal to the amount of pay which he would have been entitled to receive if he had been present at such drill, the amounts so forfeited, if any, to be deducted annually from the total pay due such enlisted man for attendance at rendezvous drills since the first day of November of the preceding year: provided, however, that the forfeitures for absence in the period from November first of any one year to and including October thirty-first of the year following, shall not exceed in the aggregate the total amount which shall be found to be due the soldier for attendance at rendezvous drills during that period. Section 5. Payments to enlisted men under the pro¬ visions of this act shall be made annually, as soon after December first as practicable, on rolls and accounts in such form as the commander-in-chief may prescribe. Pay rolls shall include the period from November first of one year to October thirty-first of the year following, both of said dates inclusive, shall bear the names of all enlisted men who have served the whole or any part of said period, and shall contain such data as to attendance, absences, for¬ feitures, and authorized stoppages, and such remarks, as will enable the adjutant general to compute the amount, if any, due to each of said enlisted men. Said rolls and accounts shall be transmitted to the adjutant general on or before the fifteenth day of November next following the end of the period for which they are rendered, and shall be certified by him, if correct, and then presented to the auditor of the commonwealth for allowance. Section 6. Company commanders shall charge on the annual pay roll prescribed in section five of this act against each soldier all arms, equipments, clothing, and other public property lost or damaged through fault or neglect of the 77 soldier charged therewith. All such articles lost shall be enumerated, and the adjutant general shall deduct the value thereof from the soldier’s pay, and credit the officer ac¬ countable for the articles with the amount so deducted on the property account in which said losses are certified. When the soldier is charged for damage to public property, the cost of repairing the damages shall be entered on the pay roll, and the adjutant general shall deduct a like sum from the soldier’s pay, and the amount so deducted shall be paid to the company fund of the soldier’s company. If the amount due to the soldier, after deducting forfeitures for absence, is not equal to the sum of the foregoing stoppages, such amount as may be due shall be first applied, so far as it will go, to the reimbursement of the United States or the commonwealth for public property lost, and secondly to the reimbursement of the company fund, as far as is possible, for the cost of repairing damage to public prop¬ erty. Section 7. When the enlisted men of the volunteer militia shall receive from the United States government any pay for attendance at rendezvous drills for which state pay is provided by this act, said state pay shall be reduced by the amounts so received from the United States govern¬ ment : provided, however, that when the amounts received from the United States government for such drills are less than the amounts provided for in this act, the deficiency shall be paid by the commonwealth. Section 8. All acts and parts of acts inconsistent here¬ with are hereby repealed. Section 9, This act shall take effect upon its passage. Section 163. No parade or voluntary service shall be performed by any company, under arms or with state uni¬ form, without the approval of the regimental or separate battalion or squadron commander, or, if unattached, of its next superior commander. Section 164. Every commanding officer, when on duty, may fix necessary bounds and limits to his parade or en- ♦ campment, not including a road within such bounds, in such manner as to prevent travelling thereon, within which bounds and limits no person shall enter without his leave. Pay from United States for drills. No parades without approval. Commanding officer may fix bounds to parade or en¬ campment. 78 Intruders may be ejected, arrested, or confined. Penalty for molesting, etc., troops on duty. Troops on duty have right of way, etc. Traffic may he excluded from high¬ ways during target prac¬ tice or manoeuvres. Whoever intrudes within the limits of the parade or en¬ campment, after being forbidden, may be ejected, forcibly if necessary, or may be confined under guard during the time of parade or encampment, or during a shorter time, at the discretion of the commanding officer; and whoever resists a sentry attempting to exclude him from such limits may be arrested by order of the commanding officer and tried upon his complaint for assault, or for disturbance or breach of the peace. Section 165. If any person interrupts, molests or in¬ sults, by abusive words or behavior, or obstructs any officer or soldier while on duty or at any parade, drill or meeting for military improvement, he may immediately be put under guard and kept at the discretion of the commanding officer until the duty, drill, parade or meeting is concluded; and he may commit such person to any police officer or con¬ stable of the city or town wherein such duty, parade, drill or meeting is held, who shall detain him in custody for ex¬ amination or trial before a court having jurisdiction of the place; and any person found guilty of any of the , offences enumerated in this section, or in sections one hun¬ dred and thirty-nine and one hundred and sixty-four, or of obstructing or interfering with United States forces or troops or any part of the militia in the exercise or enjoy¬ ment of the right of way granted by the following section, shall be punished by imprisonment for not more than six months, or by a fine of not more than one hundred dollars. Section 166. United States forces or troops, or any part of the militia parading or performing any duty ac¬ cording to law, shall have the right of way in any street or highway through which they may pass, provided the carriage of the United States mails, the legitimate functions of the police, and the progress and operations of fire engines and fire departments shall not be interfered with thereby. Chapter 147, Acts of 1912, approved February 23, 1912. Section 1. The governor, under such regulations as he may prescribe, by and with the consent of the council, may exclude traffic from highways during target practice or manoeuvres of the Massachusetts volunteer militia, when- 79 ever he deems that the convenience or safety of the public • so requires. Section 2. This act shall take effect upon its passage. i Section 167. Any soldier guilty of a military offence may be put and kept under guard by the commander of the company, corps, separate battalion, squadron, naval brigade or regiment, or of the post, for a time not extend¬ ing beyond the term of service for which he is then ordered. Section 168. No officer or soldier in the volunteer militia shall be entitled to compensation for military serv¬ ice unless he personally performs the same, although he may be excused therefrom; and no substitute shall be al¬ lowed any compensation for such service. Section 169. Except in case of invasion, insurrection, riot or turmult made or threatened, or in obedience to the commander-in-chief, no officer or soldier shall be required to perform military duty on a day appointed for a state election in the city or town in which he resides; and an officer parading his command, or ordering it to parade, con¬ trary to the provisions of this section, shall be liable to trial by court-martial. Section 170. No body of men, except the volunteer militia, the troops of the United States and the Ancient and Honorable Artillery Company of Boston, shall maintain an armory or associate together at any time as a company or organization, for drill or parade with firearms; nor so drill or parade; nor shall any city or town raise or appropriate money toward arming, equipping, uniforming, supporting, or providing drill rooms or armories for any such body of men: provided, that associations wholly com¬ posed of soldiers honorably discharged from the service of the United States may parade in public with arms, upon the reception of any regiments or companies of soldiers returning from said service, and for escort duty at the burial of deceased soldiers, with the written permission of the mayor and aldermen of the city or selectmen of the town in which they desire to parade; that students in « educational institutions where military science is a pre¬ scribed part of the course of instruction may, with the consent of the governor, drill and parade with firearms in Soldiers may be put under guard. Substitute for officer or soldier not allowed com¬ pensation. Military duty forbidden on election days except in certain cases. Unauthorized bodies for¬ bidden to drill with firearms or maintain an armory. 80 Foreign troops may- parade under certain con¬ ditions. Grand, army of the repub¬ lic and United Spanish war veterans may parade. Veteran associations may main¬ tain armories. Penalty. public, under the superintendence of their teachers, that foreign troops whose admission to the United States has been consented to by the United States government may, with the consent of the governor, drill and parade with firearms in public, and any body of men may, with the consent of the governor, drill and parade in public with any harmless imitation of firearms which has been approved by the adjutant general; that regularly organized posts of the grand army of the republic, and regularly organized camps of the legion of Spanish war veterans, or of the United Spanish war veterans, may at any time parade in public their color guards of not more than twelve men, armed with firearms; that regularly organized camps of the sons of veterans may at any time parade in public their color guards of ten men with firearms; and that any organization heretofore authorized thereto by law may parade with sidearms, and any veteran association com- ' posed wholly of past members of the militia of this com¬ monwealth may maintain an armory for the use of the or¬ ganizations of the militia to which its members belonged. Section 171. Whoever violates the provisions of the preceding section, or belongs to or parades with any such unauthorized body of men with firearms, shall be pun¬ ished by a fine of not more than fifty dollars or by im¬ prisonment for not more than six months, or by both such fine and imprisonment. Rifle team may be sent to competition for national and other trophies. Chapter 300, Acts of 1909, approved April 14, 1909. The commander-in-chief is hereby authorized to send a rifle team composed of members of the Massachusetts volun¬ teer militia to take part in the annual competitions in rifle shooting for national and other trophies held in the United States. For this purpose such sums as may be necessary may be expended annually under the direction of the ad¬ jutant general, from the appropriations for rifle practice. No excuse from duty, in time of insurrection, etc., except for disability. Excuses for Non-performance of Duty. Section 172. No officer or soldier of the volunteer militia not on leave of absence or furlough shall be excused from duty in time of insurrection, invasion or disturbance of the peace, except upon a physician’s certificate of dis- 81 ■s ability. If an officer or soldier is absent without leave and does not produce such certificate to his commanding officer, he shall be tried by court-martial for desertion, or absence without leave. Sickness shall not be an excuse unless he procures a certificate or satisfies the court-martial that he was unable to procure the same. Commanding officers of regiments, separate battalion, squadron, naval brigade, corps of cadets, staff corps and departments, may, on sufficient grounds, or according to the by-laws provided for by sec¬ tion one hundred and ninety-one, excuse absences from camp duty and drills. Delinquents who fail to pay fines imposed upon them shall be tried by court-martial. Pay and Allowances. Section 173. There shall be allowed and paid per diem « to officers and soldiers of the volunteer militia, on rolls and accounts in such form as the commander-in-chief may pre¬ scribe, for the duty prescribed by sections one hundred and forty-one, one hundred and forty-two, one hundred and ‘ fifty-one, one hundred and fifty-two and one hundred and sixty, as follows: major general, twenty dollars and eighty- three cents; brigadier general, fifteen dollars and twenty- eight cents; colonel, or captain in naval grade, nine dollars and seventy-two cents; lieutenant colonel, or commander in naval grade, eight dollars and thirty-three cents; major, or lieutenant commander in naval grade, six dollars and ninety-four cents; captain, mounted, five dollars and fifty- six cents; captain, not mounted, or lieutenant in naval grade, five dollars; first lieutenant, mounted, four dollars and forty-four cents; first lieutenant, not mounted, or lieutenant, junior grade, in naval grade, four dollars and seventeen cents; second lieutenant, mounted, four dollars and seventeen cents; second lieutenant, not mounted, or ensign, naval grade, three dollars and eighty-nine cents; chaplain, four dollars and seventeen cents; noncommis¬ sioned staff officers, and petty officers and color sergeants, of like naval grade, three dollars and five cents; members of a band, four dollars and fifty-five cents; cooks and, in the naval brigade, cooks, first class, three dollars and fifty-five cents if, in such form as the commander-in-chief prescribes, May excuse from camp duty and drills. Per diem pay for duty pre¬ scribed by sections 141, 142, 151,152 and 160. Maj. gen’l, $20.83. Brig, gen’l, $15.28. Col. or capt. in naval grade, $9.72. Lt. col. or comdr., $8.33. Maj. or lt. comdr., $6.94. Capt., mounted, $5.56. Capt., not mounted, or It. in naval grade, $5. 1st It., mounted, $4.44. 1st It., not mounted, or It., j. g., naval grade, $4.17. 2d It., mounted, $4.17. 2d It., not mounted, or ensign, $3.89. 82 Chaplain, $4.17. Noncom. staff, petty officers, color sergts., $3.05. Bandsmen, $4.55. Cooks, $3.55. Certificate in regard to cook. Other en¬ listed men, $1.55. Horse allow¬ ance, $4. Special duty pay per diem. Officer above rank of capt., $4. Other officers, $2.50. Bandsmen not with troops, $3.55; with troops, $4.55. Other en¬ listed men, $1.55. 45 cents to soldier in lieu of subsist¬ ence. Annual allow¬ ances : Adjt. gen’l of brigade, $20. Adjt., $50, and $12.50 for each co. in command to which attached. Paymaster, $12.50 for each co. in command to which assigned. Buglers, mu¬ sicians and trumpeters, $3.05 per diem. Enlisted man to receive as pay not more it is certified and made to appear that in each case the duty of superintending and assisting in the preparation of the food of the company was actually performed by the cook in person during the tour of duty or day of duty for which he is returned for pay; otherwise the pay of other enlisted men of like grade; and every other enlisted man, one dol¬ lar and fifty-five cents. There shall be allowed for each horse actually used by officers and soldiers authorized to be mounted and for each draft horse used in the artillery the sum of four dollars a day, which shall be in full for keeping and forage, except that when forage is furnished in kind, as provided in section one hundred and seventy-six, the cost of the same shall be deducted from this allowance. For all other duty under orders of the commander-in-chief, unless otherwise specially provided, or as a witness or de¬ fendant under summons, as provided in section one hundred and eighty-five, there shall be allowed and paid per diem to all officers above the rank of captain, four dollars; to every other commissioned officer, two dollars and fifty cents; to every member of a band, three dollars and fifty-five cents, and, if with troops, one dollar additional; and to every en¬ listed man, one dollar and fifty-five cents. In addition to the pay herein specified, each member of a band and each enlisted man shall receive forty-five cents per diem, in lieu of subsistence, except as provided in section one hundred and seventy-six. There shall annually be allowed and paid to each adjutant general of brigade, twenty dollars; to each adjutant other than battalion adjutants of regi¬ ments, fifty dollars, and twelve dollars and fifty cents for every company in the command to which he is attached. There shall annually be allowed and paid to each paymaster, twelve dollars and fifty cents for every company in the com¬ mand to which he is assigned. There shall be allowed and paid to each chief bugler, bugler, musician and trumpeter of the volunteer militia, for the duty required by sections one hundred and forty-one, one hundred and forty-two, one hundred and fifty-one, one hundred and fifty-two and one hundred and sixty, three dollars and five cents a day. All sums herein specified as pay for enlisted men shall be 83 an allowance to headquarters and companies on a per man • per diem basis, and no enlisted men shall be entitled to re¬ ceive, as pay, from this allowance a per diem amount in excess of the per diem pay received by a man of like grade in the regular army or navy on January first, nineteen hun¬ dred and eight. Chapter 227, Acts of 1910, approved March 16, 1910. Section" 1. An owner of a horse which is killed or in¬ jured while in the custody of a person in the performance of duty under the provisions of sections one hundred and forty-one, one hundred and forty-two, one hundred and fifty-one, one hundred and fifty-two or one hundred and sixty of chapter six hundred and four of the acts of the year nineteen hundred and eight, shall be entitled to re- * ceive compensation for the loss sustained by such death or injury. Section 2, All claims for such death or injury shall be inquired into by a board of three officers appointed by • the commander-in-chief. The board shall have the same power to take evidence, administer oaths, issue subpoenas and compel witnesses to attend and testify and produce books and papers, and to punish their failure to do so, as is possessed by a general court-martial. The findings of the board shall be subject to the approval of the com- mander-in-chief. The amount found due to the owner by said board, to the extent that its findings are approved by the commander-in-chief shall be paid from the fund hereby created. Section 3. For the purpose of defraying the claims and expenses arising as aforesaid, there shall annually be al¬ lowed from the treasury of the commonwealth a sum not exceeding twenty-five hundred dollars. Section 4. The provisions of this act shall apply to all claims as aforesaid resulting from the manoeuvres held in this commonwealth in August, nineteen hundred and nine. than United States pay on January 1, 1908. Owner of horse which is killed or injured en¬ titled to com¬ pensation. Board of officers to inquire into claims for death or injury. Allowance for injury to or death of horse. 84 If United States pay- received, amount to be deducted from pay from common¬ wealth. Allowance for motor vehicle in lieu of horse, $4 per diem. Allowances for travel. Duty under sections 141, 142, 151, 152 and 160, two cents a mile each way. Other duties, without troops, four cents a mile each way. Chapter 283, Acts of 1910, approved March 25, 1910. When an organization of the Massachusetts volunteer militia engages in any encampment, manoeuvres or field in¬ struction under sections fourteen and fifteen of the acts of congress approved January 21, 1903, as amended, and the troops of this commonwealth receive from the United States government any pay, subsistence, forage and transportation or other allowance on account of such service, the allowances for pay, subsistence, forage and transportation provided for by chapter six hundred and four of the acts of the year nineteen hundred and eight shall be reduced by the amounts so received from the United States government. When the amounts received from the United States government are less than the amounts provided for in said chapter, the deficiency shall be paid by the commonwealth. Chapter 514, Acts of 1911, approved June 2, 1911. Section 1. There may be allowed, upon approval of the adjutant general, for motor vehicles actually used in lieu of horses, to each officer and soldier authorized to be mounted, but using such vehicle in lieu of a horse, a sum not exceeding four dollars per day: provided , however, that the commonwealth shall not be liable for any injury to or depreciation of motor vehicles so used, or for any dam¬ age to persons or property resulting from such use. Section 2. This act shall take effect upon its passage. Section 174. [As amended by chapter 642, Acts of 1911, and chapter 399, Acts of 1912.] There shall be al¬ lowed and paid to each officer and soldier required to travel on duty, as follows: under sections one hundred and forty- one, one hundred and forty-two, one hundred and fifty-one, one hundred and fifty-two and one hundred and sixty, two cents a mile each way, computed by the most direct rail¬ road communication from the place in which the head¬ quarters of the various commands and the armories of the companies are situated; and when upon duty as a mem¬ ber or judge advocate of any military court or board, or as a witness or defendant before such court or board, 85 when appearing before the board of examiners provided for in section sixty-three, when attending meetings of officers and non-commissioned officers, as provided in sec¬ tion one hundred and fifty-eight; when acting as the presid¬ ing officer at an election, as an elector at the election of a general or field officer, or as a paymaster, or in any case when obliged by orders of the commander-in-chief to travel without troops, — four cents a mile each way, computed by the most direct railroad communication from the resi¬ dence of the officer or soldier. There shall annually be allowed and paid a sum for instruction in riding not ex¬ ceeding ten dollars per man for the aggregate enlisted strength entitled by law to be mounted. Certificates signed by the commanding officer of each organization, stating the number of men in his command who have received such instruction and who have ridden at least five times under proper military instruction, shall be furnished to the adjutant general, and upon his approval payments shall be made from said sum to the commanding officer of each „ organization at the rate of ten dollars for each man in his command, not exceeding the maximum legal enlisted strength thereof, so certified as having received instruc¬ tion. There shall annually be allowed and paid out of the treasury of the commonwealth to every person who has held a commission in the Massachusetts volunteer militia and who has served the whole of the year preceding the first day of April of each year, the sum of thirty-five dollars, upon the approval of the adjutant general, and of the intermediate commander of organizations, and upon their certification that such persons during the said period of service have complied with the provisions of section one hundred and six of this act; and every commissioned officer who has not held his office during the whole of said year shall, upon the approval and certification by the officers specified in this section and in the manner aforesaid, be allowed and paid such sum as may equitably be due him for that part of the year during which he actually served. There shall annually be allowed and paid for the care of and * responsibility for military property of the commonwealth Allowance for instruction in riding. Allowance to officers for uniforms. Annual allow¬ ance for care of property: 86 » Company comdr., $50. Comdr. corps of cadets, $250. Comdr. field battery, $200. Regt. comdr., $50. Comdr. bat¬ talion field artillery, $50. Comdr. squad¬ ron cavalry, $50. Signal corps comdr., $50. Hospital corps comdr., $50. Naval brigade comdr., $500. Pay of in¬ specting offi¬ cers on duty in armories. $4,000 annual allowance for furnishing instruction to officers and men. Allowance for trans¬ portation of horses. in their charge, to each company commander, fifty dollars; to the commander of the first corps of cadets, two hun¬ dred and fifty dollars; to the commander of the second corps of cadets, two hundred and fifty dollars; to each commander of a battery of field artillery, two hundred dollars; to each regimental commander, the commander of the field artillery battalion, the commander of the squadron of cavalry and to the signal corps commander, fifty dol¬ lars; to the commander of the naval brigade, five hundred dollars, and to the hospital corps commander, fifty dol¬ lars; from which the adjutant general may deduct the cost of all articles lost by neglect or losses unsatisfactorily explained, before certification to the auditor for payment. When military property loaned by the United States govern¬ ment to the commonwealth has suffered loss or injury, the amount of such loss or injury shall be paid to the United States government out of the treasury of the common- * wealth upon the approval of the adjutant general, and the amounts so paid shall be deducted from allowances herein made payable to officers of the militia or from sums paid into the treasury of the commonwealth by the adjutant general on account of such loss or injury and collected by him from officers of the militia responsible therefor, or from their bondsmen. Inspecting officers when on duty in armories, under orders of the commander-in-chief, shall receive the pay and allowances provided for officers on special duty. There shall annually be allowed and paid out of the treasury of the commonwealth a sum not exceeding four thousand dollars, to be expended under the direction of the adjutant general, in furnishing the officers and men of the organized militia with uniform instruction in military authority, organization and administration and in the ele¬ ments of military art. Certificates for allowance of ex¬ penses incident to such instruction shall be furnished to the adjutant general, and upon his approval payment shall be made to the person or persons certified to be entitled thereto. Section 175. Mounted officers and men, when ordered by the commander-in-chief to transport their horses, shall 87 be allowed tlie actual cost of such transportation from the point of departure nearest to the several headquarters or the armories of the companies to which they belong. No allowance shall be made for transportation not actually used, nor to officers or men when transported by horses provided by the commonwealth. Section 176. [As amended by chapter 568, Acts of Subsistence. 1912.] Subsistence for enlisted men and bandsmen shall be furnished in kind by the commissary general, unless otherwise directed by the commander-in-chief, when troops are on duty under sections one hundred and forty-one, one hundred and forty-two, one hundred and fifty-one, one hundred and fifty-two and one hundred and sixty, and the necessary cost thereof shall be paid from the appro¬ priation for pay and allowances. Bids for supplies for the annual encampment of the militia, involving the ex- * penditure of more than one hundred dollars, shall be advertised for by the commissary general in such news¬ papers as the adjutant general shall approve; and the con¬ tract shall be awarded to the lowest bidder, provided that the bid is approved by the adjutant general, and that the bidder furnishes such security, if any, as the adjutant general may require. The commissary general is author¬ ized to make sales of commissary stores for cash to officers and enlisted men and to civilian employees of the state or of the United States assigned to or employed at the station or with the troops at contract prices and the moneys so received by him shall be paid to the treasurer of the com¬ monwealth and shall be credited to the appropriation for pay and allowances for that year. The commissary gen¬ eral may purchase annually for sale for cash to officers and enlisted men and to civilian employees of the state or of the United States, as specified above, commissary stores to a value not exceeding five thousand dollars. Forage and transportation may be furnished in kind by the quarter¬ master general in lieu of money allowances. 88 Subsistence savings. Postage, printing and stationery allowance. Allowance for repairs and alterations of uniforms. Allowance for company armorer. Allowance to battery field artillery for mechanic. Chapter 225, Acts of 1910, approved March 16, 1910. When subsistence furnished in kind by the commonwealth for enlisted men and bandsmen of the militia shall cost less than an average of forty-five cents for each enlisted man and enlisted member of a band, the difference shall be paid by the commonwealth into the treasury of the com¬ pany concerned. Section 177. There shall annually be allowed and paid for postage, printing, stationery, and office incidentals: to each brigade headquarters, seventy-five dollars; to each regimental headquarters, three hundred dollars; to head¬ quarters of the naval brigade, two hundred dollars; to headquarters of battalions of field artillery and squadrons of cavalry, fifty dollars; to each corps of cadets, one hun¬ dred dollars; and to each company, fifteen dollars. There shall annually be allowed and paid to each headquarters, department, corps and company the sum of two dollars for each enlisted man, excepting bandsmen not mustered, attached thereto or enrolled therein, not exceeding the maximum erjlisted strength allowed by law, the amount so paid to be expended in the repair and alteration of uni¬ forms, or in defraying the incidental military expenses of the several organizations. There shall annually be allowed and paid to each company, for the services of a company armorer, who shall devote all necessary attention to the care of the arms, equipments, uniforms and quarters of the company, the sum of one hundred and twenty-five dollars. Chapter 298, Acts of 1909, approved April 14, 1909 There shall annually be allowed and paid to each battery of field artillery the sum of eight hundred dollars for the employment of a competent mechanic who shall be ap¬ pointed by the battery commander and approved by the quartermaster general, and who shall be regularly enlisted in the battery. The said mechanic shall devote his time and labor exclusively to the care of the artillery equip¬ ment and material of the battery, except however that he 89 may be required by tbe quartermaster general to perform without further compensation the duties of assistant armorer in the quarters occupied by the battery. Section 178. There shall be allowed to each person, not in the volunteer militia, appearing before courts of inquiry or courts-martial upon summons of the president or judge advocate thereof, one dollar and fifty cents for each day’s attendance and four cents for each mile necessarily trav¬ elled in obedience to such summons. Chapter 434, Acts of 1908, approved April 22, 1908. The acting paymaster general of the militia may have advanced to him from the treasury of the commonwealth one hundred per cent of the pay and mileage due or to be¬ come due to the officers and men of the militia for duty performed at camp or annual drill, under such rules and regulations as the treasurer and receiver general may pre¬ scribe; and the acting paymaster general shall pay back to the treasurer any unexpended balance of the sums thus advanced to him. Chapter 280, Acts of 1909, approved April 9, 1909. Officers of the army and navy of the United States here¬ after detailed by the war or navy department, at the request of the commander-in-chief, to act as instructors, advisers, or umpires, or to perform any other duty in connection with the volunteer militia of the commonwealth, shall be reimbursed by the commonwealth, from the appropriation for compensation of officers and men of the militia, for all expenses incurred by them in the performance of the said duties, and authorized or approved by the adjutant gen¬ eral, in excess of those expenses allowed and paid by the United States. Payments under this section shall be made to officers entitled thereto on certificates, approved by the adjutant general, in such form as the commander-in-chief shall prescribe. Allowance for travel and attendance at courts-martial. Pay for camp duty and annual drill may be ad¬ vanced to act¬ ing paymaster general. Officers of army or navy of United States to be reimbursed for expenses in excess of allowance by United States. 90 * Courts of inquiry. Report, etc. General courts- martial. General courts-martial. Summary courts-martial. Appoint¬ ment. Courts of Inquiry and Courts-martial. Section 179. Courts of inquiry may be instituted by the commander-in-chief to investigate the conduct of any officer, either upon his own application or upon a com¬ plaint or charge of improper conduct, degrading to the character of an officer. Such court shall consist of not more than three officers and may, with the approval of the commander-in-chief, require a judge advocate to attend it in taking testimony and investigating any complaint be¬ fore it. Section 180. Such court shall without delay report a statement of facts and, when required, the evidence and its opinion thereon to the commander-in-chief who may, in his discretion, thereupon order a court-martial for the trial of the officer. , Section 181. General courts-martial for the trial of com¬ missioned officers shall be ordered by the commander-in¬ chief at such times as the interest of the service may re¬ quire, and shall consist of not less than three nor more than * seven officers, none of whom shall be of less rank than the accused. Section 182. [As amended by chapter 519, Acts of 1912.] General courts-martial or summary courts-martial for the trial of enlisted men may be ordered by the com¬ mander-in-chief at such times as the interest of the service may require. The general court-martial shall consist of not more than three officers, one of whom shall be of field rank; the summary court-martial shall consist of one officer of field rank. When the troops are not on duty under sec¬ tions one hundred and forty-one, one hundred and forty- two, one hundred and fifty-one, one hundred and fifty-two, or one hundred and sixty, the commander-in-chief alone shall appoint all such courts-martial. When any part of the troops are on duty prescribed by sections one hundred and forty-one, one hundred and forty-two, one hundred and fifty-one, one hundred and fifty-two and one hundred and sixty, the commanding officer of the forces performing the duty may also, when necessary, appoint a summary court- 91 martial for the trial of enlisted men under his command. It shall consist of one commissioned officer, preferably of field rank, if one is available. A general or summary court- martial may, subject to the approval of the officer ordering the court, sentence the soldier tried to be confined in the guard quarters of the organization, to be fined, to be repri¬ manded in company, corps, squadron, battalion, regimental or brigade orders, or in case of a non-commissioned officer, to be reduced to the ranks; and either court-martial, may, with the approval of the commander-in-chief, sentence the soldier to be reprimanded in orders from general head¬ quarters, to be dishonorably discharged, or to be discharged and disqualified from holding office in the militia of the com¬ monwealth. A general court-martial for enlisted men shall not impose a fine for any offence in excess of twenty-five dollars. A summary court-martial shall not impose a fine for any offence in excess of ten dollars. All fines so im¬ posed shall be deducted by the paymaster from the amount due or to become due the soldier, or collected by his com¬ manding officer and paid into the treasury of the common¬ wealth. Section 183. Courts-martial shall in all respects con¬ form to the regulations established for the government of the militia of the commonwealth; and the sentences thereof shall be in accordance with the nature and degree of the offence and according to established military usage, but shall not, in time of peace, extend further than dismissal or discharge, or disqualification from holding any office in the militia. Section 184. The proceedings and sentence of every court-martial shall without delay be forwarded to the officer competent to review the same, who shall approve or dis¬ approve thereof within fifteen days thereafter; but the reviewing officer may mitigate or commute the sentence. A roll of the officers of the court, of the persons accused or charged and of the witnesses appearing before it, with the residence and number of days’ attendance of each, shall constitute a part of the record of every court of inquiry or court-martial. Sentence: confinement or fine. Proceedings of courts- martial. Report to reviewing officer. 92 Issue of summonses. Penalty for failure to serve sum¬ mons. Offences for which officers may be tried. Section 185. The president of every court-martial or court of inquiry, and also the judge advocate, may administer the usual oath to witnesses, and may issue summonses for the accused and the witnesses for the commonwealth, and also, on application, for the witnesses for the officer or sol¬ dier accused or charged; and he may direct the commanding officer of any company to cause such summonses to be served on any member of his company, or may direct the commanding officer of any brigade, regiment, naval brigade, separate battalion, squadron or corps of cadets to serve such summonses on any commissioned or noncommissioned officer of his staff. Section 186. An officer or soldier failing to serve such summons, and a witness failing without sufficient excuse to appear when summoned, shall be liable to trial by court- martial for disobedience of orders, or may be compelled to appear as in the case of witnesses before special tri¬ bunals. Section 187. Commissioned officers and veterinarians may be tried by court-martial, for the following offences: for unmilitary or unofficerlike conduct; drunkenness on duty; neglect of duty; disobedience of orders; acts con¬ trary to the provisions of this act or to the regulations for the government of the militia; oppression or injury of any under his command; a combination or attempt with, or ad¬ vice to, another to break, resist or evade the laws or lawful orders; insulting a superior officer in the line of military duty; presuming to exercise his command while under arrest or suspension; neglect or refusal, when commanding officer, to order out his troops when required by law or when ordered by his superior officer; neglect or refusal to make a draft or detachment when so ordered; parading the troops under his command on election days contrary to law; receiving any fee or gratuity as a medical officer for a cer¬ tificate of inability to do military duty; neglect, when de¬ tailed to train and discipline a company, to make complaint for neglect or violation of duty, or for any other neglect for which a commanding officer of the company would be liable; neglect or refusal to march or to make a draft, or 93 for disobedience to an order in case of rebellion or insur¬ rection; refusal or neglect to obey a precept or order to call out the militia, or an order issued in obedience thereto, or for advising any officer or soldier to do the like; making a false certificate, account or muster; conduct unbecoming an officer and gentleman, or to the prejudice of good order and military discipline. Section 188. Enlisted men may be tried by court-mar¬ tial for the following offences: disobedience of orders, or an act contrary to the provisions of this act, to the regula¬ tions for the government of the militia, or to the by-laws of the organization to which he belongs, disrespect to his superior officers, mutiny, neglect of duty, drunkenness on duty, or conduct to the prejudice of good order and military discipline. Section 189. No officer or soldier shall be tried by court- martial for any offence not committed within two years before the issuing of the order for such trial unless the accused has absented himself from the commonwealth or for some other reason has not been amenable to justice within that period. Section 190. When any portion of the military forces of the commonwealth is ordered by the commander-in¬ chief to assemble for the purpose of suppressing a riot, insurrection, or invasion, or in time of public danger, the rules and articles of war and general regulations for the government of the army or navy of the United States, so far as they may be applicable and with such modifications as the commander-in-chief may prescribe, shall be in force and shall be regarded as part thereof, during such service; but no punishment by death shall in any case be inflicted under such rules and articles, except in time of actual war, invasion or insurrection, declared by proclamation of the governor to exist, and then only after the approval of the sentence by the commander-in-chief. Regimental, Battalion and Company By-laws. Section 191. For the government of matters relating to the interior economy of their respective organizations; Offences for which enlisted men may be tried. Limitation of prosecutions. Articles of war to apply in certain cases. Approval of commander- in-chief. 94 Inspecting officer may examine books. Fines for non¬ performance of duty. the assessment of dues; the regulation of fines for non¬ performance of duty and of excuses therefrom, companies, troops, batteries, corps of cadets, the staff corps and de¬ partments, may adopt by-laws not repugnant to the law or to the regulations for the government of the militia, subject to the approval of the commander-in-chief. Head¬ quarters of brigades, regiments, separate battalion, squad¬ ron and the naval brigade may also adopt by-laws in like manner. All organizations of the militia shall be supplied by the quartermaster general with a treasurer’s account book, to be kept as the commander-in-chief prescribes. The books of the treasurer of any command may at any time be examined by inspecting officers, on whose report they shall be subject to the action of the commander-in-chief. Section 192. Fines fixed by such by-laws for the non¬ performance of duty shall not exceed the following sums: for each day’s absence from camp or annual drill, five dol¬ lars; for each day’s absence from special duty, when ordered by the commander-in-chief, or from any parade ordered by the commanding officer of a regiment, separate battalion, squadron, corps of cadets, unattached company, staff corps and departments, three dollars; for each absence from company or battalion drill, or meeting of officers or non- commissioned officers ordered for the purpose of instruc¬ tion, inspection, or from an election, one dollar. Money charged to an officer or soldier of the volunteer militia, under the provisions of this act or of the by-laws of the organization of which he is or may have been a member, shall constitute a simple contract debt against him and may be recovered upon suit brought in the name of the officer commanding such organization at the time of bringing the action, and prosecuted in accordance with the laws of this commonwealth for the recovery of such debts in any court of competent jurisdiction. Want of consideration, or the fact that the defendant is or was a member of the same organization as the plaintiff, shall not be defences in such suit. The prevailing party shall have his costs without re¬ gard to the amount recovered. This remedy shall be in addition to the penalties hereinbefore provided. A judg- 95 ment for such a fine and costs may be enforced in the same manner as a judgment on a claim for necessaries, in ac¬ cordance with the provisions of sections eighty to eighty- six, both inclusive, of chapter one hundred and sixty-eight of the Revised Laws. GENERAL PROVISIONS. Section 193. The commander-in-chief may make regu¬ lations for the government of the militia in accordance with law, and may publish the same with a sufficient index. The commander-in-chief shall cause copies of this act, with such amendments as may be made from time to time, to be pub¬ lished for the information and use of the militia, and a sufficient index shall be made for every such publication, copies whereof, sufficient for the proper supply of the several commands of the militia, shall be printed and issued by the adjutant general. Section 194. The militia shall observe the system of discipline and field exercise ordered to be observed by the army of the United States, or such other system as may hereafter be established by the laws of the United States. Section 195. Members of the volunteer militia shall not be liable to jury duty; and any officer or soldier who has served faithfully for nine years in the volunteer militia shall be exempt for life from jury duty, the statement of such service being endorsed on the back of his discharge and certified by his commanding officer. Section 196. Rolls of the volunteer militia, showing the names of all general, field, staff and noncommissioned staff officers, and the names of all company officers and enlisted men in the service, shall be made on the first day of Janu¬ ary in each year. Those for companies shall be prepared by the respective company commanders, and all others by direction of the commanding officers of the several organiza¬ tions. A sworn copy of such rolls, or of so much thereof as may be necessary, shall be furnished by the commanding officers of companies and of such other organizations be¬ fore the tenth day of January in each year, to the registrars of voters in any city except Boston, and in Boston to the Regulations for militia. Law and regulations to be published. United States system of discipline and field exercise to be observed Exemption from jury duty. Jury exemp¬ tion rolls to be made annually. 96 Penalty for issuing false certificate. Rolls of Ancient and Honorable Artillery Company. Exemption from arrest on civil process. Relief for injuries when on duty. Claims to be heard by board of three officers. election commissioners, or to the selectmen of any town, in which such companies or organizations or any members thereof are situated, for use in ascertaining exemptions from jury duty. The issue by an officer of the volunteer militia of a false certificate, or the issue of a certificate to any person not entitled to receive the same, for the pur¬ pose of securing exemption from jury duty, shall be pun¬ ished in such manner as the commander-in-chief shall direct. The clerk of the Ancient and Honorable Artillery Com¬ pany shall furnish annually to the election commissioners in the city of Boston, and to the registrars of voters in any other city, or to the selectmen of any town, sworn rolls of all active members belonging to the company resident in such city or town. No member of the Ancient and Honor¬ able Artillery Company, otherwise liable for jury duty, shall be exempt if the sworn roll herein required has not been made and. furnished as aforesaid. Section 197. No officer or soldier shall be arrested on civil process while going to, remaining at or returning from, a place where he is ordered to attend for election of officers or for military duty. Section 198. [As amended by chapter 170, Acts of 1909.] A member of the volunteer militia or of the naval brigade who shall, when on duty or when assembled there¬ for under the provisions of sections one hundred and forty- one, one hundred and forty-two, one hundred and fifty-one, one hundred and fifty-two, or one hundred and sixty, re¬ ceive any injury, by reason of such duty or assembly, or who shall without fault or neglect on his part be wounded or disabled while performing any such lawfully ordered duty, which shall temporarily incapacitate him from pur¬ suing his usual business or occupation, shall, during the period of such incapacity, receive such compensation as shall be fixed by a board appointed to inquire into his claim, not exceeding. in amount the pay provided for by this act and actual necessary expenses for care and medical attendance. All claims arising under this section shall be inquired into by a board of three officers, at least one be¬ ing a medical officer, to be appointed by the commander- 97 in-chief upon the application of the member making the claim. Such board shall have the same power to take evi¬ dence, administer oaths, issue subpoenas and compel wit¬ nesses to attend and testify and produce books and papers, and punish their failure to do so, as is possessed by a gen¬ eral court-martial. The findings of the board shall be sub¬ ject to the approval of the commander-in-chief. The amount found due such member by said board, to the extent that its findings are approved by the commander-in¬ chief, shall be a charge and shall be paid in like manner as other military accounts are paid. Chapter 358, Acts of 1912, approved April 1, 1912. Section 1. Any person who wilfully either deprives a member of the militia or naval reserve of his employment, or denies him employment, or prevents his being employed by another, or obstructs or annoys him or his employer in respect of his trade, business, or employment, because of such member’s connection with the militia or naval reserve or because of his necessary absence from business in per¬ formance of his duty as such member, and whoever dis¬ suades any person from enlisting in the militia or naval reserve by threat of injury to him in respect of his em¬ ployment, trade or business or of other injury, in case he shall so enlist, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Section 2. This act shall take effect upon its passage. Section 199. All military accounts, unless otherwise provided for by law, shall annually, on or before the fif¬ teenth day of November, be transmitted to the adjutant gen¬ eral, and shall be certified by him if correct, and then pre¬ sented to the auditor of the commonwealth for allowance. Section 200. [As amended by chapter 58, Acts of 1912.] Paymasters shall take proper vouchers for all payments, and immediately after the payment of troops shall file with Findings to be approved. Penalty for interfering with militia and enlist¬ ment therein. Military accounts to be trans¬ mitted before Nov. 15. Paymaster’s vouchers. 98 Paymaster’s bond. Bond of offi¬ cer responsible for military property. Reimburse¬ ment for amount paid surety com¬ pany for bond. Status of officers and men not accepted into service of United States. the treasurer and receiver general an account of their pay¬ ments, with their vouchers; and such accounts shall be audited by the auditor of the commonwealth, and the several paymasters held to account for any discrepancies. Section 201. Each officer of the pay department, and the paymasters of the naval brigade shall give bond in the penal sum of ten thousand dollars, with at least two sure¬ ties, approved by the governor and council, conditioned faithfully to perform the duties of their office. Section 202. Any officer to whom any public military property is at any time issued may be required to give bond, with two sureties, satisfactory to the governor and council, conditioned faithfully to perform the duties of his office; to use all necessary care in the safe keeping of military stores and property committed to his custody; to account for the same, and deliver to his successor or to any other person authorized to receive the same all such military property. Chapter 469, Acts of 1908, approved May 1, 1908. When an official who has the custody of property of the commonwealth, or who is charged with the duty of receiving or disbursing money, is required to give bond to the com¬ monwealth for the faithful discharge of his duty, the com¬ monwealth shall reimburse him for the amount paid by him to a surety company for becoming surety on his official bond. Section 203. Commissioned officers and enlisted men, who, by reason of their supplementary positions in the volunteer militia, cannot be accepted when the organiza¬ tions to which they are attached are taken into the service of the United States, shall not therefore be discharged from the volunteer militia, but shall be subject within the limits of the commonwealth to such military duty as the com¬ mander-in-chief shall require, and upon the return to the state of the organizations to which they were attached shall resume their former duties. In like manner, officers and soldiers who are in the serv- 99 ice of the commonwealth, but who do not for any reason enter the volunteer army of the United States, shall re¬ tain their positions with the volunteer militia. Section 204. General and field officers, paymasters, the judge advocate general, and all judge advocates may ad¬ minister the oaths required by this act, except as provided in sections sixty-three and sixty-four; and also oaths re¬ quired by the regulations for the government of the militia. Section 205. The provisions of this act shall not affect the right of the Ancient and Honorable Artillery Company to maintain its organization as a military company, accord¬ ing to ancient usage and to its constitution and by-laws, provided that the same are not repugnant to the laws of this commonwealth and do not restrain the lawful parade or exercise of the active militia. Section 206. No organization of the militia shall be ordered without the limits of the commonwealth, and no military organization shall leave the commonwealth, for any period or purpose whatever, with public military prop¬ erty in its possession or use, without the consent or by the order of the commander-in-chief. Any organization dis¬ obeying the provisions of this section shall forthwith be disbanded by the commander-in-chief, and its officers and members shall be liable to trial by court-martial for dis¬ obedience of orders. Section 207. The militia when in the service of the United States, if paid by the commonwealth, shall receive the same pay and allowances as the regular troops of the United States; and the rations when commuted shall be valued at the rate fixed by the regulations of the United States army in force at the time. When the militia are discharged from such service they shall be allowed pay and rations to their respective homes. Section 208. Civil officers named in this act who neglect or refuse to obey its provisions shall, except as otherwise expressly provided, forfeit not less than twenty nor more than five hundred dollars for each offence. Section 209. Chapter four hundred and sixty-five of the acts of the year nineteen hundred and five, and all other Administer¬ ing oaths. Rights of Ancient and Honorable Artillery Co. not affected. Troops not to leave com¬ monwealth without con¬ sent of or by order of the commander- in-chief. Pay and allowances when in service of United States. Penalty on civil officers. Repeal. 100 acts and parts of acts inconsistent herewith, are hereby repealed. Chapter 513, Acts of 1910, approved May 13, 1910. Delegates to National Guard Association of the United States. Section 1. The governor is hereby authorized to appoint from the Massachusetts National Guard Association dele¬ gates, at his discretion, to represent the militia of the com¬ monwealth at the annual conventions of the National Guard Association of the United States. The necessary expenses of the delegates so appointed shall be paid out of the ap¬ propriation for military accounts. Section 2. This act shall take effect upon its passage. Eight hours to constitute a day’s work for public employees. Chapter 494, Acts of 1911, approved May 27, 1911. Section 1. The service of all laborers, workmen and me¬ chanics now or hereafter employed by the commonwealth or by any county therein or by any city or town which has • accepted the provisions of section twenty of chapter one hundred and six of the Revised Laws, or of section forty- two of chapter five hundred and fourteen of the acts of the year nineteen hundred and nine, or by any contractor or sub-contractor for or upon any public works of the commonwealth or of any county therein or of any such city or town, is hereby restricted to eight hours in any one calendar day, and it shall be unlawful for any officer of the commonwealth or of any county therein, or of any such city or town, or for any such contractor or sub-contractor or other person whose duty it shall be to employ, direct or control the service of such laborers, workmen or mechanics to require or permit any such laborer, workman or mechanic to work more than eight hours in any one calendar day, except in cases of extraordinary emergency. Danger to property, life, public safety or public health only shall be considered cases of extraordinary emergency within the meaning of this section. In cases where a Saturday half holiday is given the hours of labor upon the other work¬ ing days of the week may be increased sufficiently to make a total of forty-eight hours for the week’s work. Threat of loss of employment or to obstruct or prevent the obtaining 101 of employment or to refrain from employing in the future, shall each be considered to be “ requiring ” within the meaning of this section. Engineers shall be regarded as mechanics within the meaning of this act. Section - 2. Every contract, excluding contracts for the purchase of material or supplies, to which the common¬ wealth or any county therein or any city or town which has accepted the provisions of section twenty of chapter one hundred and six of the Revised Laws, is a party which may involve the employment of laborers, workmen or mechanics shall contain a stipulation that no laborer, workman or mechanic working within this commonwealth, in the em¬ ploy of the contractor, sub-contractor or other person doing or contracting to do the whole or a part of the work con¬ templated by the contractor shall be requested or required to work more than eight hours in any one calendar day, and every such contract which does not contain this stipula¬ tion shall be null and void. Section 3. Any agent or official of the commonwealth „ or of any county therein or of any city or town or any contractor or sub-contractor or any agent or person acting on behalf of any contractor or sub-contractor who violates any provision of this act shall be punished by a fine not exceeding one thousand dollars or by imprisonment for six months or both such fine and imprisonment for each offence. Section 4. This act shall not apply to the preparation, printing, shipment and delivery of ballots to be used at a caucus, primary, state, city or town election, nor during the sessions of the general court to persons employed in leg¬ islative printing or binding; nor shall it apply at any time to persons employed in any state, county or municipal in¬ stitution, on a farm, or in the care of the grounds, in the * stable, in the domestic or kitchen and dining-room service or in store rooms and offices. Section 5. All acts and parts of acts inconsistent here¬ with are hereby repealed. Public con¬ tracts to stipu¬ late hours of labor. Penalty. Not to apply in certain cases. Repeal. 102 THE COMMONWEALTH OF MASSACHUSETTS. The Adjutant General’s Office. Boston, February 2, 1913. General Orders,! No. 5. J REGULATIONS FOR THE GOVERNMENT OF THE MILITJA. I. Regulations of 1910 rescinded. The Regulations for the National Guard as approved and adopted , by General Orders, No. 16, A. G. 0., series of 1910, and the Regulations for the Naval Militia as approved and adopted by General Orders, No. 17, A. G. 0., series of 1910, with the amendments to each of said Regula¬ tions published in general orders from The Adjutant General’s Office, are hereby rescinded. II. In Relation to Previous General Orders, The Adjutant General’s Office. 1. The following general orders from The Adjutant General’s Office remain in force and effect: — General Orders, No. 27, series of 1911 (relating to the organization of the naval brigade) ; General Orders, No. 22, series of 1912 (relating to the organization of the squadron of cavalry and the hospital corps); General Orders, No. 32, series of 1912 (relating to the organization of the signal corps); Current General Orders in relation to the — Board of Examiners for Commissioned Officers, and the examination of such officers; The Service Schools, M. V. M.; and The inspection, instruction and training of the National Guard and the Naval Militia. 103 2. All other general orders from The Adjutant General’s Office have either been incorporated in this order, or are of such nature as to be of no interest at the present time. III. Adoption of Army and Navy Regulations where applicable. So far as they are applicable and are not inconsistent with the Con¬ stitution and laws of the Commonwealth of Massachusetts, or the regu¬ lations and orders herein or hereafter issued by the Commander-in-Chief of the Massachusetts Volunteer Militia, the Regulations for the Army of the United States and the Regulations of the War Department govern¬ ing the Organized Militia of the United States shall hereafter be observed by the National Guard; and in accordance with section 4 of chapter 506 of the Acts of the Legislature of the year 1912, so far as is practicable, the Regulations for the government of the United States Navy shall apply to the Naval Militia. IV. Authority of the Commander-in-Chief defined. The authority vested in the President of the United States, in the War Department, in the Secretary of War, or in the commander of a corps, tactical division, territorial division or territorial department, by the Regulations for the Army of the United States, shall, for the pur¬ pose of applying the said Regulations to the government of the National Guard, be vested in the Commander-in-Chief of the Massachusetts Volunteer Militia. The authority vested in the President of the United States, or in the Navy Department, or in the Secretary of the Navy, by the Regulations for the government of the United States Navy, shall, for the purpose of applying the said Regulations to the government of the Naval Militia, be vested in the Commander-in-Chief of the Mas¬ sachusetts Volunteer Militia. V. Interpretation of Regulations. 1. Attention is directed to the fact that military law and regulations depend upon the Constitution of the United States, the Acts of Congress, Regulations for the United States Army and Navy, orders from the War and Navy Departments of the United States, the Constitution of the Commonwealth of Massachusetts, the acts of the Legislature of Mas- 104 sachusetts, and Regulations, General Orders and Special Orders from The Adjutant General’s Office of the Commonwealth of Massachusetts. 2. On account of the number of sources of authority, and the possible conflict between the laws and orders of the United States government with those of the Commonwealth, officers and enlisted men should use their native intelligence and judgment in carrying out regulations and orders. It is manifestly impossible to provide for every possible con¬ tingency or for every minor detail, even if it were desirable. 3. It is desired to reduce the field of positive orders which must be literally and absolutely carried out, and to increase the field of military instruction, so that an officer or enlisted man will know one or more of the best ways of accomplishing a desired object, without being rigidly held to some particular form. The test, especially of an officer’s capacity, will be his ability to intelligently carry out orders or instructions without quibbling over forms, rights or privileges. 4. It is expected that from time to time questions will arise as to the interpretation of certain regulations of the regular establishments as applied to the government of the National Guard and the Naval Militia. The Regulations for the United States Army and Navy shall be liberally construed to the end that an attempt be made, so far as is practicable, to govern the militia under them, so that the government and instruction of the National Guard and the Naval Militia shall approximate as nearly as possible that of the United States Army and Navy. Matters of im¬ portance to the National Guard and the Naval Militia, which are of permanent interest to the whole force, or are to be constantly observed, and which are not covered by this order or in relation to which the regula¬ tions of the regular establishments are not applicable, will be published from time to time from The Adjutant General’s Office. Additional regulations for the National Guard and the Naval Militia, or modifica¬ tions of the United States Army and Navy Regulations, are herein pro¬ mulgated. VI. Election of Commissioned Officers. In accordance with section 45 of chapter 604 of the Acts of 1908, per¬ manent brigade commanders, also the permanent commanding officers of the coast artillery corps, each corps of cadets, the squadron of cavalry, the battalion of field artillery and the naval brigade are authorized to 105 order elections in their respective commands whenever vacancies occur, provided that the requirements of sections 46 and 47 of said chapter 604 have been complied with. VII. Details and Assignments. 1. Any officer or enlisted man may be detailed or assigned to do duty with commands, or in departments or corps, other than his own. by competent authority. 2. As to subsistence and other supplies, an officer or enlisted man attached for duty to an organization other than his own is to be con¬ sidered a part of the organization to which he is attached. The com¬ manding officer of the organization to which he is attached is responsible to see that he is properly supplied, disciplined and instructed. 3. For all duty performed, the officer or enlisted man so detailed or ’ assigned will be accounted for on the returns of the organization to which he is attached, and he will participate in all duty performed by such organization, unless expressly excused therefrom by the commanding j officer of such organization or by orders from the Commander-in-Chief. 4. On the detail or assignment of an enlisted man to an organization other than his own, the commanding officer of the organization to which the man is so detailed or assigned shall be furnished with descriptive lists by the commanding officer of the organization from which the man is so detailed or assigned; and the commanding officer of the organiza¬ tion to which the man is so detailed or assigned will give to the officer who is accountable for the military property taken by the man on such detail or assignment, a receipt for such property, and will thereafter, during the continuance of the detail or assignment, and until properly relieved of accountability, be accountable therefor. VIII. Leaves of Absence to Officers. 1. No officer shall absent himself from his command for a period of more than twenty days without obtaining a leave of absence, which can be granted only by the Commander-in-Chief. 2. When troops are on duty under sections 141, 142, 151, 152 and 160 of chapter 604 of the Acts of 1908, an officer shall not absent himself from his command for any period without obtaining leave. Under these 106 circumstances leaves may be granted by the highest commander on duty with the troops. 3. Leaves of absence will be granted in the form of special orders, and no officer will consider himself on leave until he shall have received a copy of the order granting the same. 4. An officer returning to duty from a leave of absence must report immediately, in writing, through superior commanders, to the officer by whom his leave was granted, and forthwith make himself acquainted with all orders issued during his absence. IX. Furloughs to Enlisted Men. 1. A chief of a staff department, or the commanding officer of a reg¬ iment of infantry, the coast artillery corps, the naval brigade, a corps of cadets, the squadron of cavalry, the battalion of field artillery and the signal corps may grant furloughs to the enlisted men of their respective • organizations, in such numbers, and for so long a time, as such officer shall deem consistent with the good of the service. Ordinarily, however, except in cases of imperative necessity, no furlough shall be given for more than six months. Officers having authority to grant furloughs will report monthly to The Adjutant General the furloughs granted, giving the name, organization and duration of leave. 2. Applications for furloughs will be made in writing, and forwarded through channels, and will bear the indorsement of the approval or dis¬ approval of intermediate commanding officers. X. Transfer of Enlisted Men. 1. No enlisted man shall be transferred from the organization in which he is enlisted or to which he has been previously transferred without his consent, nor until his immediate commanding officer has been given an opportunity to express an opinion upon the transfer, and the commanding officer of the organization to which his transfer is contemplated has stated that the man is eligible for admission thereto. 2. Under the above conditions an enlisted man may be transferred from one company or similar unit to another within the same regiment or organization by an order issued by the commanding officer of the latter. 107 3. No man shall be transferred from the Naval Militia to the Na¬ tional Guard, or vice versa, or from one staff department, regiment, coast artillery corps, corps of cadets, squadron, battalion of field artillery or signal corps, to another staff department, regiment, coast artillery corps, corps of cadets, squadron, battalion of field artillery or signal corps, except by order of the Commander-in-Chief. 4. A transfer will take effect on the day of the receipt of the order by the commanding officer of the company or unit with which the enlisted man is serving, and such commanding officer will forthwith forward a copy of the muster and descriptive card of the man direct to The Ad¬ jutant General, said copy to have indorsed thereon the date of the trans¬ fer, i.e., the date of the receipt of the transfer order by such commanding officer. The Adjutant General, on the receipt and verification of said copy, will cause additional copies of said card, each bearing the date of transfer, to be transmitted to each of the commanding officers of the regiments, organizations or companies involved, with the exception of the company or similar unit from which the man was so transferred. *•*. ..> XI. Flags, Colors, Standards and Guidons. 1. The flag of the Commander-in-Chief shall be of scarlet bunting with the official coat of arms of the Commonwealth of suitable size in the center, and shall be 6 feet 8 inches hoist and 12 feet fly. As a boat flag, for the use of the Commander-in-Chief when making official visits to navy vessels, it shall be 3 feet hoist and 4 feet 9 inches fly. 2. The colors of the Commander-in-Chief shall be of scarlet silk, 5 feet 6 inches fly, 4 feet 4 inches on the pike, which shall be 9 feet long, including ferrule and spear-head. In the center shall be placed, in colors, the official coat of arms of the Commonwealth; the coat of arms to be embroidered in silk on both sides of the color; the edges to be trimmed with knotted fringe of white silk 3 inches wide; the cord 8 feet 6 inches long, having two tassels, and composed of white and scarlet strands. 3. Each brigade of infantry shall have a color as prescribed by the War Department for the brigade in the division to which each is assigned. 4. Each regiment of infantry, the coast artillery corps, the naval bri¬ gade and each corps of cadets shall have two silken colors. The national color of each shall be as prescribed for a regiment of infantry, in the Regulations for the Army of the United States, with the exception that the 108 official designation of the organization shall be placed on the prescribed silver band. The second, or State color, of each regiment of infantry, the coast artillery corps, the naval brigade and each corps of cadets shall be as prescribed in chapter 229, Acts of 1908, with the name of the organ¬ ization in the scroll under the pine tree shield; and shall conform to the dimensions prescribed for the national color. 5. The squadron of cavalry and the battalion of field artillery shall each have two silken standards. The national standard of each shall be as prescribed for a regiment of cavalry or field artillery in the Regulations for the Army of the United States, with the exception that the official designation of the squadron or battalion shall be placed on the prescribed silver band. The second, or State standard, of the squadron and battalion shall be as prescribed in chapter 229, Acts of 1908, with the name of the organization in the scroll under the pine tree shield; and shall conform to the dimensions prescribed for the national standard. 6. A national color of bunting or other suitable material, but in all other respects similar to the silken national color, shall be furnished each regi¬ ment of infantry, the coast artillery corps, the naval brigade and each corps of cadets for use at drills and on marches, and on all service other than battles, campaigns and occasions of ceremony. A national standard of bunting, of the same dimensions and similar to the silken national standard, shall be furnished, for like purposes, to the squadron of cavalry and to the battalion of field artillery, the official designation of the organ¬ ization to be engraved on a silver band placed on the pike or lance. 7. Each troop of cavalry and each battery of field artillery shall have two guidons, as prescribed in the Regulations for the Army of the United States, i.e., a silken and a service guidon. In place of the regimental number it shall have the number of the squadron or battalion. 8. For the purpose of recognizing the service in the war with Spain of the militia organizations of this Commonwealth, the following is pre¬ scribed for each regiment of infantry, the coast artillery corps and the naval brigade: two streamers shall be attached to the top of the pike of the State color, streamers to be 3| inches wide and 4 feet long, one streamer to be red, wfith the name of the volunteer organization embroidered there¬ on in yellow letters, and one of yellow, containing the words “War with Spain” and the engagements in which the organization participated in red letters. 109 9. The tricolor streamer awarded to the organization 'winning the annual State rifle match will be attached to the top of the pike of the State color. 10. No ensign, pennon, streamer or other banner of any kind, other than the flags, colors, standards, guidons and streamers herein prescribed or hereafter authorized by the Commander-in-Chief, will be used by any organization of the Massachusetts Volunteer Militia, except such as may be prescribed in addition thereto by the Regulations of the Army or Navy of the United States. XII. Organizations of the Massachusetts Volunteer Militia. 1. Company without Officers . — In the absence of all the officers of a troop, battery or company, the commanding officer of the organization of which the troop, battery or company is a part will assign an officer to its command. If there be no officer available, the fact will be reported by * such commanding officer to his immediate superior commander, who will assign an officer to its command. 2. Warrants of Noncommissioned and Petty Officers. — A warrant of a noncommissioned or petty officer may be continued in force by the officer making the appointment, upon the discharge and re-enlistment of the noncommissioned or petty officer, if re-enlistment be made within thirty days following the discharge. Every re-enlistment and continuance shall be noted on the warrant by the officer mustering in the enlisted man. 3. Enlistment Book. — An enlistment book shall be kept by each officer designated by law as a recruiting officer. Each recruit must sign the enlistment roll printed in this book before being mustered in. 4. Muster and Descriptive Cards. — (a) The chiefs of staff departments, commanding officers of regiments, the coast artillery corps, battalion of field artillery, squadron of cavalry, naval brigade, corps of cadets, signal corps, hospital corps, troops, batteries and companies will prepare a muster and descriptive card for each enlisted man whom they muster in. This card, except signatures, should be typewritten, and forwarded immediately after muster in to The Adjutant General, who will make and forward one copy to the officer mustering in the man; and if the card is from a troop, battery or company officer, The Adjutant General will make and forward one copy to the commanding officer of the squadron, 110 battalion of field artillery, regiment, coast artillery corps or naval brigade, of which the troop, battery or company is a part; and if the card is from an officer of the hospital corps, The Adjutant General will forward one copy to the chief of the medical department. (6) The chief of each staff department, and the commanding officer of each regiment, the coast artillery corps, the naval brigade, the battalion of field artillery, the squadron of cavalry, each corps of cadets, the hospital corps and the signal corps, each troop, battery and company commander, shall retain, in an index file, the copies of all muster and descriptive cards received from The Adjutant General. This card index file should show at all times the exact roll of the enlisted men in the organization, and whenever, by reason of discharge, death or transfer, an enlisted man is removed from the organization, a memorandum of such removal should be made on his card, and the card removed from the file, and such removed cards should be kept in a separate file. 5. Alarm Lists. — The commanding officer of each troop, battery, * company or similar unit will prepare and keep on hand alarm lists cover¬ ing every member of his command, showing thereon residence and place of business, together with the number of the nearest telephone to each. , Such lists will be prepared in quadruplicate, and will at all times be cor¬ rected to date. One list will be kept in the company quarters in a place always accessible; one will be kept by the armorer of the armory where the organization is stationed; and one list will be kept by each of two members of the organization who can be most easily reached by telephone, either by day or night. Such members shall be specially assigned to the duty of correcting such lists, and in case of emergency it will be their duty to use such lists in the most expeditious manner for the purpose of assem¬ bling the organization. The names, addresses and telephone numbers of such two members shall be reported to The Adjutant General, and any change therein shall be forthwith reported. If it can be avoided, the armory telephone should not be used in assembling the organization, but should be left free for outside calls. Armorers of State armories are charged with the duty of keeping their alarm lists corrected at all times. 6. Monthly Drill Reports. — Monthly reports of the attendance of officers and enlisted men at drills and other ordered duty will be sub¬ mitted on suitable forms by the commanding officer of a company or similar organization, or of a detachment, to the senior officer at the appro- Ill priate headquarters. These reports will be consolidated, and, together with a report of the headquarters, officers and men, will be forwarded direct to The Adjutant General. 7. Officers subsisting from Mess for Enlisted Men. — All commissioned officers on duty with troops in the field, in camp or otherwise, if subsisting from a mess for enlisted men on the straight ration identical with the men, will pay at least 45 cents per day into the company or other similar fund, and if living on extras in addition to the straight ration, they will pay the full value of such extras into such fund. 8. Funds and Councils of Administration. — (a) The funds of an organ¬ ization of the National Guard shall consist of the gross amounts of money received from all sources for and in behalf of the organization or its mem¬ bers, and such funds shall be administered in the manner prescribed for like organizations in the Regulations for the Army of the United States, or as prescribed by the laws of the Commonwealth. The funds of the " coast artillery corps, the squadron of cavalry and the battalion of field artillery shall be administered as provided for a regimental fund in the Regulations for the Army of the United States, or as prescribed by the „ laws of the Commonwealth. The funds of each corps of cadets may be administered as provided for a regimental fund in the Regulations for the Army of the United States, or as prescribed by the laws of the Common¬ wealth ; or a corps of cadets may, by a council of the commissioned officers of such corps of cadets, adopt by-laws which shall set forth the manner of administering the funds of such corps; and, on the approval of such by-laws by the Commander-in-Chief, they shall have the force of regula¬ tions for such corps of cadets. (b) The senior commanding officer of the organizations of the National Guard or Naval Militia that may be quartered in one armory may appoint a post council of administration. Such post council of administration shall be appointed and governed as prescribed for post councils in the Regulations for the Army of the United States. Such senior officer upon appointing a post council shall designate one of its members as post treasurer. (c) The funds of the naval brigade and its several companies and divi¬ sions shall consist of the gross amounts of money received from all sources for and in behalf of such brigade, company or division, or its members. As the Regulations for the government of the United States Navy do not 112 prescribe methods for the administration of the funds of the naval brigade or of the several companies and divisions of the naval brigade, it is hereby prescribed that the naval brigade, by a council of the commissioned officers of such brigade, and each company and division of such brigade, shall adopt by-laws which shall set forth the manner of administering the funds of the naval brigade, and of its several companies and divisions. On the approval of such by-laws by the Commander-in-Chief, they shall have the force of regulations for the naval brigade. 9. Rendezvous Drills. — (a) The commanding officer of each infantry regiment, the coast artillery corps, the naval brigade, each corps of cadets, the squadron of cavalry, the battalion of field artillery, the hospital corps and the signal corps are authorized to call the following number of rendez¬ vous drills each year, during the periods stated, for each company, troop, battery and hospital corps detachment of his command: three, from October 31 to February 1; three, from January 31 to June 1; and four, from May 31 to November 1. Such commanding officer will issue his order for a rendezvous drill, and send a copy of such order to The Adjutant General, at least five days prior to the date of the drill. (b) While the utmost latitude is allowed commanding officers with regard to the purpose of and manner of conducting such drills, attention is directed to the fact that one and one-half hours of actual drill (not school of instruction) must be performed. The holding of such drills as acces¬ sories to dances or other entertainments, or for the purpose of insuring a large attendance at parades or similar functions, is disapproved. (c) To receive pay for a rendezvous drill it is required that three-fourths of the authorized enlisted strength of an organization must be present and under orders at the same time, and that each man must be in uniform, and must perform at least one and one-half hours’ drill. Each man pres¬ ent must actually drill, unless excused upon a physician’s certificate, in which case he must be in uniform and receiving instruction of some kind. It is not necessary that three-fourths of an organization should be drilling on the armory floor, as detachments may be on duty in any part of an ar¬ mory, or, if under the immediate orders and control of the commanding officer of the organization, detachments may be outside of the armory or even at distant points, whenever necessary to carry out suitable in¬ struction. (d) Commanding officers will attend, or direct one of their staff officers 113 or field officers (or officers of relative naval rank) to attend, every rendez¬ vous drill of an organization in their command. Such officer will attend in uniform, and will certify the attendance at the drill. ( e ) Returns of attendance at rendezvous drills, with the signatures of all men present, must be forwarded, through channels, to The Adjutant General within twenty-four hours after the termination of the drill. XIII. Military Education. The Service Schools, M. V. M., have been established for the instruc¬ tion of the officers and enlisted men of the Massachusetts Volunteer Militia. The Adjutant General shall be commandant of the Service Schools, M. V. M. He shall appoint an Academic Board of Instruction, to consist of not more than seven commissioned officers, to assist him in laying out and supervising the instruction work of all branches of the Massachusetts Volunteer Militia. XIV. Accountability and Responsibility for Public Property. 1. Bond of Accountable Officer. — (a) The law prescribes that any officer to whom any public property is at any time issued may be required to give a bond. It is hereby prescribed that any officer accountable for such property shall give such bond. (6) Upon an accountable officer tendering his resignation, or applying to be placed upon the retired list, he will turn over all public property for which he is accountable to his next immediate superior commanding officer, or to the chief of his department or staff corps; except in the case of the chief of a department or staff corps, the chief of the coast artillery corps, and the commanding officer of a brigade of infantry, the naval brigade, a regiment of infantry, a corps of cadets, the battalion of field artillery, the squadron of cavalry and the signal corps, who shall turn over such property to the Quartermaster General. (c) Such accountable officer will forward with his tender of resignation or application to be placed upon the retired list a full return of all such property for which he is accountable, in such form as may be prescribed, with the receipt of the officer to whom he has turned over such property in accordance with the preceding section. 114 (d) Officers who are herein designated to receive such property may personally inspect, verify and receipt for such property, or they may detail a subordinate officer to make such inspection and verification, and on the report of such subordinate the officer making the detail shall give his receipt to the accountable officer for the property turned over. Officers making such inspection and verification will be allowed special duty pay and mileage. (e) The officer immediately succeeding such discharged or retired officer, and in whose care such property would ordinarily be placed, may be bonded, and the officer herein designated to receive such property may invoice and turn such property over to such immediate successor of said discharged or retired officer if bonded. 2. Marking of Public Property. — Public property issued to an organiza¬ tion of the National Guard shall be marked as prescribed in the Regula¬ tions for the Army of the United States, with the addition of the abbrevia¬ tion “MASS.” 3. Keeping Record of Public Property. — All officers accountable for public property must keep a record of same on the property book or property cards furnished for that purpose, and such record must show at all times the exact quantity of public property for which said officer is responsible. 4. Dropping Allowance for Clothing and Equipment. — Articles dropped from property accounts under the dropping allowance for clothing or equipment heretofore or hereafter authorized are not to be sold or given away, but are to be kept as the property of the organization to which the accountable officer is attached. The necessity for specifically account¬ ing therefor to the Commonwealth of Massachusetts or to the United States is, however, dispensed with. Such articles should be held as a surplus, so that at all times organizations shall be ready to take the field duly equipped at their maximum strength. Such articles, if specially authorized by The Adjutant General, may be hereafter exchanged for the same or a smaller quantity of clothing or equipment. 5. Losses of Property. — (a) Certificates of loss will not be submitted except in case the cause of the loss was absolutely beyond the control of the officer or man responsible for the property lost. Articles lost by an officer or man should either be replaced and paid for by him; be replaced and paid for by withholding any pay due him; or be replaced and paid 115 for from the funds of the organization to which the officer or man is attached, if funds are available for such purpose. (6) Public property lost through the carelessness or neglect of an officer or man shall be replaced by the officer accountable for such prop¬ erty by purchase through the Quartermaster General before such account¬ able officer renders the property return required by law. (c) Responsible officers are authorized to retain from any pay due an enlisted man the money value of any property lost, destroyed or damaged by such man, through his carelessness or neglect, and apply the amount thus retained to the purchase or the repair of such property. 6. Uniforms for Recruits . — As far as is practicable recruits in the National Guard should be equipped with new shoes, shirts, campaign hats and breeches. The listed value of such articles is approximately $7.50, and the individual soldier will be held to be indebted to his or¬ ganization for such articles to the extent of $7.50 during the first year of his enlistment, $5 during the second year, and $2.50 during the third year, until the expiration of the third year, when his liability ceases. . XV. Military Correspondence. 1. The orders of the War Department prescribing the methods of con¬ ducting correspondence in the Army of the United States shall be followed by the National Guard. 2. The orders of the Navy Department prescribing the methods of conducting correspondence in the Navy of the United States shall be followed by the Naval Militia. XVI. War Recruiting System for the National Guard. 1. The officer of the ordnance department attached to each brigade of infantry, each regiment of infantry, the coast artillery corps, each corps of cadets and the squadron of cavalry, as inspector of small arms practice, under the direction of the chief of ordnance, who is hereby appointed chief permanent recruiting officer, is hereby designated as the permanent recruiting officer for war for the organization to which he is attached. 2. The commanding officer of each troop, battery and company will designate the junior officer of his command to act as local recruiting officer. 116 3. Each permanent and local recruiting officer will keep himself in¬ formed as to all the requirements of his office as prescribed in the law, regulations and orders. 4. Whenever a troop, battery or company is called into the service of the United States, its local recruiting officer will at once take measures to recruit such organization to war strength, upon the receipt of proper orders from The Adjutant General. 5. Whenever a troop, battery or company is ordered to the State mobilization camp, preparatory to entering the service of the United States, its local recruiting officer, with a suitable detail of enlisted men, will remain at the local headquarters, and continue recruiting, forwarding all recruits to the State mobilization camp. 6. Before a troop, battery or company of the National Guard in the service of the United States leaves its mobilization camp for active service, the local recruiting officer, with recruiting party, will rejoin the organiza¬ tion. 7. Whenever a regiment, the coast artillery corps, a corps of cadets or the squadron of cavalry enters the service of the United States, the permanent recruiting officer of such organization will establish a recruit¬ ing party to recruit for such organization during the continuance of the war, at the local headquarters of the organization. 8. In time of war or insurrection, a general recruiting party, under the personal direction of the chief of ordnance, assisted by the ordnance officers attached to each brigade of infantry, and such other officers as may be designated, will be maintained at the mobilization camp of Mas¬ sachusetts, for the purpose of receiving from permanent recruiting officers throughout the Commonwealth all recruits, who will be thoroughly examined physically, fully armed and equipped, and instructed in their duties, as far as time will permit, at such mobilization camp, before being forwarded to their respective organizations. 9. Ordnance officers will be mustered into the service of the United States with the organization to which they are assigned, and will be detached for recruiting work. The enlisted personnel of a recruiting party of an organization will be mustered into the service of the United States and perform recruiting duty as detached service. 117 XVII. Inspector General’s Department. 1. All organizations shall be inspected in their armories or quarters at least once in each year by an officer of the inspector general’s department. 2. An inspector general assigned to inspect an organization shall be a surveying officer, as provided for in section 116 of chapter 604 of the Acts of 1908, for the organization to which assigned. 3. Officers will prepare and sign in triplicate, on blank forms provided for the purpose, inventories of public property requiring inspection, and present them, with the property, to the inspector general at the time of his visit. 4. (a) The inspectors will exercise great care in examining property thus submitted to them, and in making recommendations regarding its disposition. ( b ) Articles “to be continued in service” are such as are still serviceable. (c) Those “to be dropped” from the returns are such as have become so deteriorated or infected as to endanger health or injure other stores, or as are not worth cost of transportation to an arsenal or depot for re¬ pair or sale. ( d ) Those “to be turned into arsenal” are such as cannot be repaired by the responsible officer and are worth cost of transportation. 5. Inspectors will report on each item of the inventories presented to them and make recommendations as indicated above, and will forward such inventories, with their recommendations, to The Adjutant General, through the inspector general. The action of the Commander-in-Chief on such recommendations will be indorsed on such inventories, one copy to be then forwarded to the Quartermaster General and two copies re¬ turned to the officer preparing such inventories, who wdll take action as indicated by indorsement of the Commander-in-Chief, and if directed therein to drop any property will file such inventories with his property vouchers, and enter the account of the items dropped on his property book or cards, forwarding one copy with his property return to the Quarter¬ master General. 118 XVIII. Quartermaster’s Department — Armories. 1. Each armory occupied by the militia, and all public property therein, shall be in immediate charge of an officer of the militia, who shall be en¬ titled the custodian, and its use shall be in accordance with rules issued through such custodian. The custodian will ordinarily be the senior officer of the line quartered in the armory, whose residence or place of business is in or near the city or town in wffiich the armory is located. 2. In each armory of the first class there shall be an armorer, who shall be under the immediate direction of the custodian, and who shall be rated as a civilian employee in the quartermaster’s department, or as a post quartermaster sergeant. 3. Armorers are not regarded as merely laborers, but as trusted em¬ ployees of the Commonwealth, whose business it is to care for property belonging to the Commonwealth or to the United States, wdiether real or personal. 4. Custodians and armorers shall submit monthly reports of the uses and condition of armories and of public property therein. 5. Armories owned or rented by the Commonwealth are for the benefit of the Organized Militia, and it is intended that the utmost latitude, con¬ sidering local conditions, shall be allowed in the use thereof by troops quartered therein, provided that there shall be no unusual or unnecessary wear and tear, or increase in the normal expenses of maintenance. 6. Armories may also be rented for certain public purposes authorized by law, and by the interpretation thereof, on application through the custodian to The Adjutant General. XIX. Pay Department. 1. Returns for Pay and Allowances. — The commanding officer of an organization or detachment, or the senior officer of any board, present at a duly authorized meeting, is charged with the duty of submitting as soon as possible, on the proper form, to The Adjutant General, through channels or otherwise, according to circumstances, a statement of the names, residences, travel and other facts necessary to compute pay and allowances. Upon receipt of such information by an officer authorized to pay troops, he will compute the amount due, and see that it is paid as 119 soon as possible. When an officer authorized to pay troops is assigned to duty with an organization, the above procedure will be modified by the commanding officer thereof in such manner as may be necessary. 2. Mounted Pay. — ( a ) The following officers and enlisted men are entitled to be mounted: general, field and staff officers; officers of the corps and departments; officers and enlisted men of cavalry; 4 officers and 81 enlisted men of the signal corps; veterinarians; officers, sergeants, caisson corporals, guidon corporals, musicians and drivers of field ar¬ tillery; officers and men attached or detailed to the headquarters of a brigade of infantry; the sergeant major, the quartermaster sergeant, the battalion sergeants major, the chief bugler, and an orderly for the com¬ manding officer, in each regiment of infantry; and the sergeant major and an orderly for the commanding officer, in each corps of cadets. (6) The following enlisted men of the medical department are entitled to be mounted: to each headquarters of a brigade of infantry, one ser¬ geant, and one private first class as orderly; to each regiment of infantry, one sergeant first class, two sergeants, and four privates first class as orderlies; to each corps of cadets, one sergeant, and one private first class as orderly; to the squadron of cavalry, one sergeant, two privates first class, and one private; to the battalion of field artillery, one sergeant, two privates first class, and one private; to the signal corps, one sergeant, and one private first class as orderly; and to the ambulance company, one sergeant first class, seven sergeants, two privates first class as order¬ lies, and one private first class as musician. (c) The field artillery shall be allowed six draft horses to each piece or caisson. Draft horses for wagons will be in such numbers as The Adjutant General may in each case direct. XX. Uniform. 1. The Regulations of the Army of the United States as to uniform, which are not modified by this order, shall be followed by the National Guard in so far as they are applicable. 2. The Organized Militia is authorized to continue in use, until un¬ serviceable, articles of uniform for officers and men which were authorized for the Regular Army prior to December 26, 1911. Under this authority it is not compulsory for the officers of the National Guard to conform to 120 the new pattern of uniform as prescribed by paragraph 2, General Orders, No. 89, War Department, 1911. It is advisable, however, that when officers purchase or are supplied with new uniforms, they conform to the new pattern. 3. The uniform for the naval brigade shall conform to the bill of dress of the United States Navy, as set forth in “Uniform Regulations for Naval Militia,” Navy Department Publication, No. 5, July 1, 1910, and General Orders, No. 201, Navy Department, July 18, 1912, except that special full dress and evening dress are not required. 4. The members of each corps of cadets may continue to wear their distinctive uniforms. 5. The “long-service medals” and “service-in-war clasps,” together with the various medals issued by the Commonwealth for excellence in small arms practice, may be worn in addition to the decorations allowed by the regulations and orders of the Army and Navy of the United States, and in the manner prescribed in such regulations and orders. 6. The white uniform, mess jacket, special evening dress uniform and cape prescribed for officers of the Army of the United States may be worn by officers of the National Guard on appropriate occasions, but are not required. 7. Aiguillettes. — Officers of the National Guard detailed as aides on the personal staff of the Commander-in-Chief and other officers entitled to wear aiguillettes under the uniform regulations of the Army of the United States, except the Chief of Staff and the appointed aides on the personal staff of the Commander-in-Chief, shall wear same on the left shoulder, in the manner prescribed in such regulations. The Chief of Staff and the aides appointed on the personal staff of the Commander- in-Chief with the rank of an officer of the National Guard shall wear such aiguillettes on the right shoulder. 8. (a) Officers of the National Guard detailed as aides on the staff of the Commander-in-Chief, at all times while on military duty in staff or line, will wear the uniform of their own organization, with the following additions: they will wear the device prescribed in the uniform regulations of the United States Army for an aide on the staff of a major general, to be placed on the collar of the dress, service and white coats, at a distance of | inch in rear of the insignia of the department, corps or arm of the service in which they are commissioned, and immediately over the insignia 121 on the sleeves of full dress and special evening dress coats. Officers appointed as aides on the personal staff of the Commander-in-Chief with the rank of an officer of the National Guard will wear the device prescribed in the uniform regulations of the United States Army for an aide on the staff of a major general, and in the manner prescribed for such aide. (b) Officers of the Naval Militia detailed as aides on the personal staff of the Commander-in-Chief will wear the devices and insignia prescribed by United States Navy uniform regulations for the staff of a flag officer. Officers appointed as naval aides on the personal staff of the Commander- in-Chief will wear the devices and insignia prescribed in United States Navy uniform regulations for an aide to a flag officer, and in the manner prescribed for such aide. 9. Buttons. — For all officers of the National Guard, to be similar to those prescribed for the Army of the United States, except that the device ' on same shall be the coat of arms of the Commonwealth of Massachusetts. 10. Collar Ornaments. — For all officers of the National Guard, to con¬ sist of the coat of arms of the Commonwealth of Massachusetts, surmount¬ ing the abbreviation “MASS” in block letters, according to pattern in the office of the Quartermaster General. For all enlisted men of the National Guard, to be according to pattern in the office of the Quarter¬ master General. 11. Service Chevrons. — ( a ) All enlisted men of the National Guard who have served faithfully for three years, continuously or otherwise, in the National Guard of Massachusetts, will wear service chevrons for each such three years, of cloth of the color of the facings of the depart¬ ment, staff corps or arm of the service, in which such service was per¬ formed, and in the manner prescribed for the Army of the United States. Chevrons to indicate service in war shall be worn as prescribed for the Army of the United States. ( h) All enlisted men of the Naval Brigade who have served faithfully for three years, continuously or otherwise, in said Naval Brigade, will wear service chevrons for each such three years, in the manner prescribed for the Navy of the United States. Chevrons to indicate service in war shall be worn as prescribed for the Navy of the United States. 122 XXI. Manuals, Publications and Blank Forms. 1. Manuals issued by the staff departments of the Army or Navy of the United States, and approved by the Secretary of War or the Secretary of the Navy, when not in conflict with law, regulations or orders, and manuals and publications issued and approved by The Adjutant General, will have equal force with these regulations. 2. The standard blank forms used in military administration, with the notes and directions thereon, have the force and effect of regulations. New forms or alterations in such forms will not be made without the authority of The Adjutant General, and the date on which a form or altera¬ tion was authorized will be printed on the form itself. All notes and directions on these blanks will, prior to their issue, be approved by The Adjutant General. These forms and lists of them will be furnished by the chiefs of the various bureaus and offices. Requisitions therefor will call for them by number and name. 3. Manuscript returns, rolls, certificates and other documents are pro¬ hibited when the proper printed forms are on hand. i By order of the Commander-in-Chief, Official: GARDNER W. PEARSON, The Adjutant General, Chief of Staff. WILLIAM S. SIMMONS, Lieutenant Colonel, Adjutant General. INDEX (References are to pages.] Extracts from the Constitution, ..... Militia Law, ........ Regulations, ........ 3 to 7, inclusive. 8 to 101, inclusive. 102 to 122, inclusive. Absence. (See Furloughs; Leaves of Ab¬ sence.) Accountability. (See Public Property.) Academic Boards: Appeal from finding of, 42, 43. Appointment of, 113. Duties of, 113. Examination of officers by, 41. Accounts. (See Funds.) Adjutant: Allowance to, 82. Cavalry, 23. Corps of cadets, 25. Field artillery, 24. Naval brigade, 27. Regiment of infantry, 22. Visits to companies, 73. Adjutant General’s Department: Clerks in, 14. Messenger, 14. Organization, 16. Adjutant General, The: Accounts to be certified by, 97. Annual report of, 13. Appointment of, 5. Chief of staff, 12, 16. Duties, 13. Prosecute soldier’s claims, 13. Purchases, no pecuniary interest in, 32, 33. Rank, 12. Report, annual, 13. Reports to Secretary of War, 14. Retired officers, to keep roster of, 53. Salary, 14. Sales, no pecuniary interest in, 32, 33. Subsistence, to approve bids for, 87. Term of office, 13. Adjutants General: Allowance to, 82. Number of, 16. Rank, 16. Salary, 14. Aids: Brigadier general, 21. Commander-in-Chief, 12. Uniform regulations, 120, 121. Alarm Lists: Preparation of, 110. Allowances. (See Pay and Allowances.) Ambulance Company: Formation of, 25. Organization of, 18. Mounted pay, 119. Ammunition: Account of, to Governor, 5. Carried in case of invasion, etc., 70. Ancient and Honorable Artillery Com¬ pany: Armory, 79. Drill, 79. Jury exemption, 96. Organization, 99. Parade, 79. Armorer (see Armories): Alarm lists, 110. Allowance for company, 88. Appointment, 118. Duties, 118. Mechanic of battery may be assistant, 89. Armories: Allowance for, to cities and towns, 60, 61, 62. Armorer, 118. Cities to make returns, 66, 67. 124 Armories — Con. Cities to provide, 59, 60, 61, 62. Commissioners, 63, 64, 65. Control of, 67. Company E, 5th Regiment, 65. Custodian, 118. Expenditures for, approved by Quarter¬ master General, 66. First class, 65, 66. First Corps of Cadets, 65. Flags on, 68. Inspections of, 32. Intruder, 67. Loan bonds, 65. Post council, 111. Purchase of second class, 64, 65. Rent allowance, 32. Rental of, 67, 68, 118. Reports of uses and condition, 118. Salary of Deputy Quartermaster General from appropriation for, 33. Second class, 62, 66. Superintendent of, 34. Taking land for, 64. Third class, 60, 61. Towns to make returns, 66, 67. Towns to provide, 59, 60, 61, 62. Unauthorized, 79. Use of, 67, 68, 118. Arms (see Public Property): Unauthorized carrying, 79. Arsenal: Committee of General Court to visit annu¬ ally, 59. Detail of Quartermaster as superintendent, 25. Superintendent may inspect property, 32. Superintendent’s salary and duties, 34. Under care of Quartermaster General, 33. Articles of War: When applicable, 93. Artificers: Appointment of, 46. Corps of cadets, 25. Infantry, 22. Artillery. (See Field Artillery and Coast Artillery Corps.) Assignments. (See Details and Assign¬ ments.) Assistant Paymaster: Rank and pay in naval brigade, 28, 30. Assistant Surgeon: Rank and pay in naval brigade, 28, 30. Automobiles. (See Motor Vehicles.) Badges. (See Medals and Decorations.) Bands: Camp duty, may be excused from, 71. Cavalry, 31. Coast artillery corps, 21. Corps of cadets, 31. Duty in lieu of camp duty, 71. Field artillery, 31. Infantry’, 22. Mounted, may be authorized, 73. Naval brigade, 31. Pay, 81, 82, 83. Subsistence, 87. Battery (see also Companies): Alarm lists, 110. By-laws, 93, 94, 95. Council of administration, 111. Drill reports, 110. Enlistment book, 109. • Funds, 111. Included in “company” in militia law, 8. Jury exemption rolls, 95, 96. Muster and descriptive cards, 109, 110. No parade without approval, 77. Number of, 14. Organization of, 24. Recruiting officer, 48. Recruiting officer for war, 115, 116. Blacksmiths: Appointment of, 46. Cavalry, 23. Blank Forms. (See Forms.) Board of Examiners. (See Examining Boards.) Boards of Officers: Allowance for travel, 84, 85, 118. Board of survey, 57. Examination of commissioned officers, 40, 41, 42, 43, 44, 102. Examination of medical officers, 40, 41. Examination of veterinarians, 40, 41. Horses, injury to, 83. Inspection of public property, 58. Medical boards for retirement of officer, 52. ^ Pay, 82, 118. To inquire into claims for relief for injury on duty, 96, 97. 125 Bonds: Accountable officers to give, 113. Armory loan, 65. Grand Army of the Republic for return of property borrowed, 59. Officer to whom property issued, 98. Paymasters, 98. Quartermaster General, 33. Reimbursement for premium, 98. Brigades of Infantry: Accountability of commanding officer for property, 113. Aids to brigadier general, 21, 35. Allowance for postage, printing, etc., 88. Appointment of staff, 35. Authority to order out, 69, 70. By-laws, 93, 94, 95. Colors, 107. Commanding officer may call meetings of certain officers, 72. Division of militia into, 5, 15. Elections for brigadier general, 4, 36. Examination of brigadier general, 40. Officers and men attached to headquarters, mounted, 21, 119. Organization of, 21. Recruiting officer for war, 115, 116. Staff of brigadier general, 5, 21, 35. Staff officers of, may visit companies, 73. Term of office of brigadier general, 51. Two brigades authorized, 15. Visits by commanding officer, 73. By-laws: Approval by Commander-in-Chief, 94. Corps of cadets, 93, 94, 111. Dues may be fixed by, 94. Fines, 94, 95. Naval brigade, 93, 94, 111, 112. Organizations may adopt, 93, 94. Camp Grounds: Bounds may be fixed, 77. Relative to, 72. Procedure with intruder, 78. State, Grand Army of the Republic may occupy, 59. State, under care of Quartermaster General, 33 . State, visited annually by committee of General Court, 59. Captains (see also Companies, Troops and Batteries): Captains — Con. Board of examiners to have four, 41. Election of, 4, 7, 36. Cavalry: Allowance for postage, printing, etc., 88. Allowance for repairs and alterations of uniforms, 88. Allowance to squadron commander for care of property, 85, 86. Allowance to troop commander for care of property, 85, 86. Appointment of staff, 35. Assembly of officers for instruction, 74. Assembly of troops for instruction, 74. Band, 31. By-laws, 93, 94, 95. Council of administration, 111. Drill reports, 110. Enlistment book, 109. Forage, 82. Funds, 111. Guidons, 108. Horse allowance, 82, 119. Hospital corps detachment, 19, 119. Inspection of troops, 74. Instruction in riding, 85. Jury exemption rolls, 95, 96. Meetings of officers and noncommissioned officers, 73. Mounted pay, 31, 82, 119. Muster and descriptive cards, 109, 110. Noncommissioned staff officers, 23, 45. No parade without approval, 77. Organization of, 23, 102. Property accountability of commanding officer, 113. Recruiting officer, 48. Recruiting officer for war, 115, 116. Rendezvous drills, 75, 76, 77, 112, 113. Riding instruction, 85. Squadron drills, 75. Squadrons, to be arranged in, 15. Staff, appointment of, 35. Standards, 108. Troops, number of, 14, 23. Trumpeter’s pay, 82, 83. Veterinarian, 23. Visits of commanding officer to troops, 73. Chaplains: Coast artillery corps, 20. Exempt from examination, 40. 126 Chaplains — Con. Regiment of infantry, 22. Chief Mechanic: Appointment of, 46. Field artillery, 24. Chiefs of Staff Departments and Corps. (See under designation of Department or Corps.) Cities and Towns: Allowance to, for armories, 60, 61, 62, 67. Armories in, to make returns of, 66, 67. Armories, to provide, 59, 60, 61, 62. Drill grounds, to provide, 61, 62. May direct ordering out of militia, 69. May sell second class armories, 64, 65. Relieved of obligation to provide armory, 66 . Rifle ranges, to provide, 61, 62. Civil Employees: Armorers, 118. Clerks, 14. Hours of labor of certain, 100, 101. Civil Officers: Militia ordered into service to aid, 14. Penalties for violating militia law, 99. Coast Artillery Corps: Accountability of chief for property, 113. Allowance for postage, printing, etc., 88. Allowance for repairs and alterations of uniforms, 88. Allowance to chief for care of property, 85, 86 . Annual report of chief, 32. Appointment of commissioned officers, 20. Band, 21. By-laws, 93, 94, 95. Colors, 107, 108. Companies, number of, 14, 20. Companies, strength of, 20, 21. Council of administration, 111. Drill reports, 110. Election of commissioned officers, 20. Enlistment book, 109. Funds, 111. Hospital corps detachment, 18, 19. Jury exemption rolls, 95, 96. Muster and descriptive cards, 109, 110. Organization of, 20, 21. Meetings of officers and noncommissioned officers, 73. Noncommissioned officers, 20, 46, 47. Coast Artillery Corps — Con. Recruiting officer for war, 115, 116. Regiment, considered as, 20. Rendezvous drills, 75, 76, 77, 112, 113. Term of office of colonel, 51. Colonels: Examination of, 40. Term of office in infantry, 51. Term of office in coast artillery corps, 51. Colors: Brigade of infantry, 107. Coast artillery corps, 107, 108. Commander-in-Chief, 107. Corps of cadets, 107, 108. Naval brigade, 107, 108. Regiment of infantry, 107, 108. State flag as, 68. Tricolor streamers, 109. Unauthorized, 109. War with Spain streamers, 108. Color Sergeants: Appointment of, 45, 46. Infantry, 22. Pay, 81. Commander-in-Chief: Adjutant General appointed by, 5. Adjutant General to make annual report to, 13. Appoints officers on refusal or neglect of electors to elect, 4. Authority to add to naval brigade, 27. Authority to call out militia, 68, 69, 70. Authority to disband company, 32. Authority to exclude traffic from highways, 78, 79. Authority to order militia for escort duty, 73. Authority to prescribe organization of militia, 30. Authority to send rifle team, 80. Colors, 107. Duties, 3, 5. Flag, 107. Governor to be, 3. Lieutenant Governor to be in certain cases, 6 . Officers in staff corps and departments ap¬ pointed by, 36. Staff of, 12, 13, 35. To publish militia law and regulations, 95. 127 Commissaries. (See Subsistence Depart¬ ment.) Commissary General (see Subsistence De¬ partment) : Account of stores to Governor, 5. Annual report, 32. Appointment, 6, 36. Bids for supplies, 87. Chief of subsistence department, 17. Eligibility, 12, 13, 36. Member of staff of Commander-in-Chief, 12 . Purchases, no pecuniary interest in, 32, 33. Rank, 17, 26. Sales by, 87. Sales, no pecuniary interest in, 32, 33. Subsistence furnished by, 87. Term of office, 13, 26, 27. Commissary Sergeants: Appointment of post, 17. Reduction of, 47. Regiment of infantry, 22. Commissioned Officers: Acceptance of election, 38. Acceptance to vacate office previously held, 38. Adjutants of regiments, 5. Age limit, 35. Allowance for travel, 84, 85. Allowance for uniform, 85. Amenable to courts-martial, 92, 93. Appointment of, 4, 20, 35, 36, 37, 38. Appointment by Governor on refusal or neglect to elect, 4. Appointments in coast artillery corps, 20. Assignment to company without officers, 109. Certificate of discharge, 53. Commissioned by Governor, Court of inquiry, 90. Courts-martial, 90, 91, 92, 93. Detail as assistant chiefs of staff, 12, Detail to other organization than own, 19, 25, 105, 109. Discharge of, 42, 45, 50, 53. Discharge on failure to appear before special board, 45. Discharge on failure to pass examination, 42. Discharge on recommendation of special board, 45. Commissioned Officers — Con. Discharged officer may wear uniform, 54. Dismissal, 53. Elections of, 4, 7, 20, 35, 36, 37, 38, 104. Eligibility, 12, 13, 35, 36, 43. Examination of, 41, 42, 43, 44, 102. Exemption from arrest, 96. Exemption from liability, 70. Horse allowance, 82. Leave of absence, 105. Liability for injury to person or property by, 70. Liability for property, 57, 58. Meetings of, 72, 73. Mounted, authority for, 119. Naval brigade, 27, 28, 29. Oaths of office, 6, 45. Pay and allowances, 81, 82. Penalty for failure to obey order or precept, 70. Penalty for interfering with duty of, 97. Quartermasters of regiments, 5. Rank determined, 35. Refusal or neglect of electors to make elec¬ tion, 4. Reimbursement of expenses to officers of army and navy in the United States, 89. Removal from office, 6. Reserve militia on active duty, 11, 12. Resignation, 50. Resigning or retiring, to turn over property, 113. Retirement, 51, 52, 53. School, 73. Staff of Commander-in-Chief, 12, 13. Status of, when not accepted into service of the United States, 98, 99. Subsisting from men’s mess, 111. Uniform allowance, 85. Uniforms, 54, 119, 120, 121. Committee on Military Affairs of the General Court: Annual visit to arsenal and camp ground, 59. Companies: Alarm list, 110. Allowance for armorer. 88. Allowance for care of property to company commander, 85, 86. Allowance for postage, printing, etc., 88. 128 Companies — Con. Allowance for repairs and alterations of uniforms, 88. Assembly for instruction, 74. By-laws, 93, 94, 95. Coast artillery corps, 20, 21. Council, 111. Definition in militia law, 8. Disbandment of, 32. Division of militia into, 5. Drills may be omitted in certain months, 74. Drills prescribed, 74. Drill reports, 110. Election of officers of, 4, 7, 36. Enlistment book, 109. Funds, 111. Infantry, 22. Inspection of, 74. Jury exemption rolls, 95, 96. Marine guard, 29. Muster and descriptive cards, 109, 110 . Naval brigade, 27, 28, 29. Noncommissioned officers, 46. No parade without approval, 77. Number of coast artillery corps, 14. Number of infantry, 14. Officers of, in coast artillery corps, to be elected, 20. Organization, 22. Organizing new, 31. Recruiting officer, 48. Recruiting officer for war, 115, 116. Rendezvous drills, 75, 76, 77, 112, 113. Reserve militia, 11. Visits to, 73. Without officers, 70, 71, 109. Constitution of the Commonwealth: Extracts from, 3, 4, 5, 6, 7. Contracts: Stipulation as to hours of labor, 101. Cooks: Appointment of, 46. Cavalry, 23. Coast artillery corps, 21. Corps of cadets, 25. Field artillery, 24. Infantry, 22. Pay, 81, 82, 83. Signal corps, 19. Corps of Cadets: Accountability of commanding officer for property, 113. Alarm fists, 110. Allowance for armorer, 88. Allowance for care of property, to com¬ manding officer, 85, 86. Allowance for postage, printing, etc., 88. Allowance for repairs and alterations of uniforms, 88. Appointment of staff, 35. Assemblies for instruction, 74. Bands, 31. Battalion drills, 75. By-laws, 93, 94, 95, 111. Colors, 107, 108. Council of administration, 111. Drill reports, 110. Election of officers, 36. Enlistment book, 109. Funds, 111. Hospital corps detachment, 19. Inspections of companies, 74. Jury exemption rolls, 95, 96. Meetings of officers and noncommissioned officers, 73. Mounted pay for certain officers and men, 119. Muster and descriptive cards, 109, 110. Noncommissioned staff officers, 16, 25, 45. No parade without approval, 77. Number in national guard, 14. Organization of, 16, 25. Recruiting officer, 48. Recruiting officer for war, 115, 116. Rendezvous drills, 75, 76, 77, 112, 113. Staff, appointment of, 35. Uniform, 120. Visits of commanding officer to companies, 73. Corps of Engineers: Annual report of chief, 32. Organization df, 19. Correspondence: Regulations of United States Army and Navy to be followed, 115. Council. (See Executive Council.) Councils of Administration: Naval brigade, 111, 112. Organizations of national guard, 111, Post council, 111. 129 Courts-martial: Absence without leave, 81. Allowance for attendance and travel before, 89. Allowance for pay and travel to members of, 82, 84, 85. Appointment of, 90, 91. Approval of sentence, 91. Articles of war of the United States, 93. Commissioned officers may be punished for loss of or damage to property, etc., 57. Composition of, 90. Defendant, allowance to, 82. Delinquency in payment of fines, 81. Desertion, 81. Dishonorable discharge upon sentence of, 54. General, 90. Judge Advocate General to review, 32. „ Limitation of prosecutions, 93. May be ordered on report of court of in¬ quiry, 90. Members of organizations leaving Com¬ monwealth without permission, 99. * Oath, 92. Offences, 92, 93. Officer may be dismissed to carry out sen¬ tence, 53. Officer not amenable to, may be ordered before special board, 44. Record, 91. Report, 91. Retired officers amenable to, 52. Retired officers may serve on, 52. Review, 91. Roll, 91. Sentences, 91, 93. Service of summons, 92. Summary, 90, 91. Summons, 92. Witness, allowance to, 82. Witnesses, 92. Courts of Inquiry: Application of officer for, 90. Allowance for attendance and travel before, 89. Allowance for pay and travel to members of, 82, 84, 85. Appointment of, 90. Composition of, 90. Courts of Inquiry — Con. Court-martial may be ordered on report of, 90. Instituted by Commander-in-Chief, 90. Oath, 92. Report, 90. Service of summons, 92. Summons, 92. Witness, allowance to, 82. Witnesses, 92. Departments: Appointment of officers, 36. By-laws, 93, 94, 95. Chiefs of, to be on staff of Commander-in- Chief, 12. Eligibility of officers, 36. Examination of officers, 36. Officer may be detailed from line to, 19. Organization of, 16, 17, 19. Deputy Quartermaster General: Rank of, 17. Salary, 33. Descriptive Lists. (See Muster and De¬ scriptive Cards.) Details and Assignments: Authority to detail, 105. Brigade commander may detail, 21. Company without officers, 70, 71, 109. Departmental officer from line, 19. Members of staff departments and corps, 25. Officer to company without officers, 70, 71, 109. To other organizations than own, 19, 25, 105, 109. Disbandment: Commander-in-Chief may disband com¬ pany, 32. Company not electing officers, 38. Leaving Commonwealth without permis¬ sion, 99. Naval brigade companies, 27. Officers discharged upon, 50. Officers responsible for property, 57. Discharge: Commissioned officers, 50, 51, 52, 53. Enlisted men, 53, 54. Discipline: Adjutant General to execute prescribed system, 13. System of army of the United States ob¬ served, 95. 130 Drill Grounds: Cities and towns to provide, 61, 62. Drill Reports: Monthly, 110. Drills (see Rendezvous Drills): Annual, 71. Company, 74. Election day, 79. Notice of annual, 72. Education (see Service Schools): Appropriation for, 102. Service Schools, 102, 113. Election Day: Military duty on, 79. Elections: Acceptance, 38. Acceptance vacates office previously held, 38. Adjournment, 37, 38. Allowance for travel, 85. Ballot, 36. Coast artillery corps, 20. Commissioned officers, 4, 7, 35, 36, 37, 38. Majority of ballots of electors present to elect, 38. Majority of electors to be present, 37. Minimum number of meq in company, 37. Neglect to elect, 4, 38. Notice to electors, 37. Notice to officer elected, 38. Ordered by, 36, 37, 104. Presiding officer, 37. Record of, 37. Refusal to accept, 38. Refusal to elect, 4, 38. Reserve militia, 12. Return of, 37. Roll of electors, 36. Roster of electors, 36. Vacancies in offices to be filled before, 37. Where held, 37. Employees: Hours of labor of certain, 100, 101. Engineer Corps. (See Corps of Engineers.) Engineer Division: Naval brigade, 27, 29. Enlisted Men: Allowance for repairs and alterations of uni¬ forms, 88. Allowance for travel, 84, 85. Amenable to courts-martial, 93. Enlisted Men — Con. Charged with value of lost property, 57. Confinement, 79. Courts-martial, 90, 91, 92, 93. Detail, 105. Discharge, 53, 54. Exemption from arrest, 96. Exemption from liability, 70. Furloughs, 106. Pay, 75, 81, 82, 83. Pay to be allowance to organization, 82, 83. Pay to men not to exceed that of regular army or navy, 83. Penalty for interference with duty of, 97. Riding instructions for mounted, 85. Sales to, 55. Service chevrons, 121. Status of, when not accepted into service of the United States, 98, 99. Subsistence, 87. Transfer, 106, 107. Uniform, 54, 119, 120, 121. Enlistment Book: Enlistment roll, 49, 109. Recruiting officers to keep, 109, Enlistments: As privates, except noncommissioned staff officers, 48. Commanding officer may forbid, 50. Continuous service, 48. Enlistment book, 49, 109. Enrollment of fifteen above maximum, 48. Medal for nine years’ service, 50. Muster and descriptive cards, 109. No duty unless mustered in, 49. No pay unless mustered in, 49. Not to enlist until term expires, 50. Oath, 49. Physical disabilities, 32. Recruiting officers, 48. Re-enlistment, 47, 48, 49, 50. Re-enlistment if absent from command, 49, 50. Returns of, 48. Term of, 47. Enrolled Militia, 9, 10. Equipment Officer: Naval brigade, 28. Escorts, 73. 131 Examinations (see Examining Boards): Physical, to be prescribed by Surgeon Gen¬ eral, 32. Examining Boards: Appeal from finding, 42, 43. Commissioned officers before, 39, 40, 41, 42, 43, 44, 45. Formation of, 39, 41, 44, 52. Incompetent officer before special, 44. May pass candidate conditionally, 44. Medical board, 39, 40, 52. Oaths of officers before, 45. Officer not to be again ordered before, 44. Physical examination of officers, 39. Records of, 42. Regulations for, 41. Retirement, 52. Special board for incompetent officer, 44. Excuses for Nonperformance of Duty, SO, 81. Executive Council: Exercises authority of Commander-in-Chief in certain cases, 6. Farriers: Appointment of, 46. Cavalry, 23. Field Artillery: Allowance for draft horses, 82. Allowance for mechanic, 88, 89. Allowance for postage, printing, etc., 88. Allowance for repairs and alterations of uniforms, 88. Allowance to battalion commander for care of property, 85, 86. Allowance to battery commander for care of property, 85, 86. Appointment of staff, 35. Assembly of batteries for instruction, 74. Assembly of officers for instruction, 74. Band, 31. Battalion drills, 75. Battalions, to be arranged in, 15. Batteries, number of, 14. By-laws, 93, 94, 95. Council of administration, 111. Draft horses, 82, 119. Drill reports, 110. Enlistment book, 109. Forage, 82. Funds, 111. Guidons, 108. Field Artillery — Con. Horse allowance, 82, 119. Hospital corps detachment, 19, 119. Inspection of batteries, 74. Instruction in riding, 85. Jury exemption rolls, 95, 96. Mechanic, allowance for, 88, 89. Meetings of officers and noncommissioned officers, 73. Mounted pay, 31, 82, 119. Muster and descriptive cards, 109, 110. Noncommissioned staff officers, 24, 45. No parade without approval, 77. Organization of, 24. Property accountability of commanding officer, 113. Recruiting officer, 48. Recruiting officer for war, 115, 116. Rendezvous drills, 75, 76, 77, 112, 113. Riding instruction, 85. Staff, appointment of, 35. Standards, 108. Veterinarians, 24. Visits of commanding officer to batteries, 73. Field Hospital, 18. Field Officers: Board of examiners to contain three, 41. Elections of, 4, 36. Examination of, 40. General court-martial, to be member of, 90. Summary court, 90, 91. Fines: By-laws may prescribe, 94. Delinquents tried by court-martial, 81. Nonperformance of duty, 94. Firemen: Coast artillery corps, 20, 46. First Sergeant: Appointment, 46. Cavalry, 23. Coast artillery corps, 21. Corps of cadets, 25. Field artillery, 24. Infantry, 22. Reduction, 46. Flags: Commander-in-Chief, 107. Displayed on armories, arsenals, etc., 68. Flag of the Commonwealth of Massachu¬ setts, 68. Unauthorized, 109. 132 Forage: Allowance for, 82. Quartermaster General to furnish, 87. United States, if furnished by, 84. Forms: Adjutant General to furnish, 13. Standard, 122. Funds: Administration of, 111, 112. Corps of cadets, 111. Naval brigade, 111, 112. Payment from property losses, 114, 115. Post council, 111. Small arms practice, 26. Furloughs, 106. Governor of the Commonwealth. (See Commander-in-Chief.) Grand Army of the Republic, 59, 80. Guidons: Cavalry, 108. Field artillery, 108. Unauthorized, 109. Headquarters: Inspections of, 32. Highways: Right of way for troops, 78. Traffic may be excluded from, 78, 79. Horses: Allowance for instruction in riding, 85. Allowance for killed or injured, 83. Draft, 82, 119. Forage, 82, 84, 87. Motor vehicles in lieu of, 84. Mounted pay, 31, 82, 119. Pay and allowances, 31, 82, 119. Transportation of, 86, 87. Hospital Corps (see also Companies): Alarm list, 110. Allowance for postage, printing, etc., 88. Allowance for repairs and alterations of uniforms, 88. Allowance to commander for care of prop¬ erty, 85, 86. Ambulance company, 18. By-laws, 93, 94, 95. Council of administration, 111. Distribution among commands, 18, 19, 119, Drill reports, 110. Enlistment book, 109. Field hospital, 18. Funds, 111. Hospital Corps — Con. Included in “company” in militia law, 8. Jury exemption rolls, 95, 96. Muster and descriptive cards, 109, 110. Noncommissioned officers, 17, 18, 19, 45, 46. No parade without approval, 77. Organization of, 17, 18, 19, 102. Pay, 81, 82, 83. Recruiting officer, 48. Rendezvous drills, 75, 76, 77, 112, 113. Infantry: Allowance for postage, printing, etc., 88. Allowance for repairs and alterations of uniforms, 88. Allowance to company commander for care of property, 85, 86. Allowance to regimental commander for care of property, 85, 86. Appointment of staff, 35. Assembly of companies for instruction, 74. Assembly of officers for instruction, 74. Arranged in regiments, 15. Band, 22. Battalion drills, 75. By-laws, 93, 94, 95. Colors, 107, 108. Company of, 22. Council of administration, 111. Drill reports, 110. Enlistment book, 109. Funds, 111. Horse allowance, 82, 119. Hospital corps detachment, 18, 19, 119. Inspection of companies, 74. Instruction in riding, 85. Jury exemption rolls, 95, 96. Meetings of officers and noncommissioned officers, 73. Mounted pay, 31, 82, 119. Muster and descriptive cards, 109, 110. Noncommissioned officers, 22, 45, 46, 47. No parades without approval, 77. Number of companies of, 14. Organization of, 22. Property accountability of regimental commander, 113. Recruiting officer, 48. Recruiting officer for war, 115, 116. Regimental drills, 75. Rendezvous drills, 75, 76, 77, 112, 113. 133 Infantry — Con. Riding instruction, 85. Staff, appointment of, 35. Term of office of brigadier general, 51. Term of office of colonel, 51. Visits of brigade and regimental com¬ manders to companies, 73. Inspections: Accounts of treasurers of organizations, 94. Annual drill, 71. Annual inspections, 32, 117. Camp duty, 72. Company, 74. Public property, 32, 58, 117. Inspector General of Small Arms Prac¬ tice: Chief of ordnance to be, 25. Duties of, 26. Recruiting officer for war, 115. Inspector General’s Department: Annual report, 32. Chief, member of board to condemn prop¬ erty, 58. Chief, member of staff of Commander-in- Chief, 12. Organization, 16. Pay and allowances, 86. Rank of chief, 26. Term of office of chief, 13, 26, 27. Inspector of Small Arms Practice: Naval brigade, 28. Ordnance officers to be, 25, 28. Inspectors General: Accounts of treasurers of organizations, 94. Annual drill, 71. Annual inspections, 32, 117. Annual report of chief, 32. Appointment, 36. Armory inspections, 32, 117. Camp duty, 72. Chief, member of staff of Commander-in- Chief, 12. Chief of department, 16. Commander-in-Chief may designate officers to inspect, 32. Eligibility, 12, 13, 36. Member of board to condemn property, 58. Number of, 16. Pay and allowances, 86. Public property, inspection of, 117. Purchases, no pecuniary interest in, 32, 33. Inspectors General — Con. Rank, 16, 26. Rank of chief, 26. Reports, 32, 71, 72, 117. Reports as surveying officer, 117. Sales, no pecuniary interest in, 32, 33. Surveying officers, 117. Term of office of chief, 13, 26, 27. Instruction: Academic board of, 113. Appropriation for, 86. Assemblies for, 74, 75. Meetings for, 72, 73. Officers or men detailed to organizations, 105. Orders in relation to, 102. Riding, 85. Service schools, 102, 113. Insurrection, 14, 68, 69. Invasion, 14, 68, 69. Judge Advocate General: Annual report, 32. Appointment, 36. Chief of department, 16. Duties, 32. Eligibility, 12, 13, 36. Encampment, may be detailed to, 72. Jurisdiction at encampment, 72. Member of staff of Commander-in-Chief, 12. Rank, 16, 26. Term of office, 13, 26, 27. Judge Advocate General’s Department: Annual report, 32. Chief, member of staff of Commander-in- Chief, 12. Organization, 16. Rank of chief, 26. Term of office of chief, 13, 26, 27. Judge Advocates: Appointment, 36. Attendance at court of inquiry, 90. Attendance at special board of examiners, 44. Eligibility, 36. Encampment, may be detailed to, 7. Jurisdiction at encampment, 72. Number of, 16. Rank, 16. Jury Duty: Exemption from, 95, 96. Exemption rolls, 95, 96. 134 Leaves of Absence, 105, 106. Legislature: Shall prescribe conduct of elections, 4. Lieutenant (see Commissioned Officers): Election of subalterns, 4, 7. Examination of first lieutenants, 40. Lieutenant Colonel (see Commissioned Officers): Examination of, 40. Visits to companies, 73. Lieutenant Governor: Commander-in-Chief in certain cases, 6. Major (see Commissioned Officers): Visits to companies, 73. Major General: Appointment by General Court, 4. Appointment of aids, 5. Commissioned by Governor, 4. Manuals: Adjutant General may issue, 122. Staff departments, 122. Marine Guard, 29. Master-at-Arms, 28. Mechanics: Allowance for, 88, 89. Appointment of, 46. Field artillery, 24. Medals and Decorations: Long service medals, 50, 120. Service in war clasps, 50, 120. Wearing on uniform, 120. Medical Corps: Organization of, 17. Medical Department: Annual report, 32. Board of examiners, 39. Chief, member of staff of Commander-in- Chief, 12. Eligibility to appointment as officer of, 36. Examination of officers in, 40. Mounted pay for members of, 119. Noncommissioned officers, 17, 45, 46. Organization, 17. Rank of chief, 17, 26. Riding instruction for mounted men, 85. Term of office of chief, 13, 26, 27. Mileage. (See Travel.) Military Education. (See Education; Ser¬ vice Schools.) Military Property. (See Public Property.) Mobs, 14, 69. Motor Vehicles, 84. Mounted Pay: Allowance for transportation, 86, 87. Authority for, 21, 31, 82, 119. Brigade headquarters, 21. Commander-in-Chief to prescribe, 31. Medical department, 119. Riding instruction, 85. Musicians: Appointment, 46. Chief, 21, 22. Coast artillery corps, 21. Corps of cadets, 25. Field artillery, 24. Included in “soldier” in militia law, 8. Infantry, 22. Pay, 82, 83. Principal, 21, 22. Muster and Descriptive Cards: Filing, 110. Preparation, 109, 110. Transfers of enlisted men, 107. Muster-in: Certain commanding officers may forbid, 50. Not held to duty until, 49. Recruiting officers to, 48. Returns of, 48. Mustering Officer: Recruiting officers to be, 48. Returns of, 48. National Guard: Composition of, 15. National Guard Association: Delegates from, 100. Naval Brigade: Adjutant, 27. Aides on staff of Commander-in-Chief, 121. Allowance for postage, printing, etc., 88. Allowance for repairs and alterations of uniforms, 88. Allowance to commander of naval brigade for care of property, 85, 86. Allowance to company commander for care of property, 85, 86. Appointment of staff, 35. Assembly of companies for instruction, 74. Assembly of officers for instruction, 74. Assistant paymaster, 28, 30. Assistant surgeon, 28, 30. Band, 31. 135 Naval Brigade — Con. Battalion drills, 75. Board of examiners to contain officer of, 41. By-laws, 93, 94, 95, 112. Colors, 107, 108. Company of, 28. Correspondence, 115. Disbandment of companies, 27, 32. Drill reports, 110. Election of officers, 36. Engineer division, 27. Enlistment book, 109. Equipment officer, 28. Examination of officers, 39, 40, 41, 42, 43. Funds, 111, 112. Inspection of companies, 74. Inspector of small arms practice, 28. Jury exemption rolls, 95, 96. Marine guard, 27, 29. Master-at-Arms, 28. Meetings of commissioned and petty offi¬ cers, 73. Muster and descriptive cards, 109, 110. No parade without approval, 77. Ordnance officer, 28. Organization of, 27, 102. Passed assistant surgeon, 28, 30. Pay, 27, 28, 29. Paymaster, 28. Petty officers, 28, 29, 45, 46, 47. Property accountability of commander, 113. Rank of commanding officer, 27. Recruiting officers, 48. Relative rank, 27, 28, 29. Rendezvous drills, 75, 76, 77, 112, 113. Service chevrons, 121. Signal officer, 28. Staff officers, 27, 28, 35. Surgeon, 27, 28. Term of office of captain, 51. Uniform, 120. Visits of battalion commanders to com¬ panies, 73. Visits of commander to companies, 73. Naval Bureau: Repeal of law in relation to, 27. Term of office of chief of, 26. Naval Militia (see Naval Brigade): Composition of, 15. Noncommissioned Officers: Allowance for travel, 85. Noncommissioned Officers — Con. Appointment, 30, 45, 46, 47. Coast artillery corps, 20, 30, 46, 47. Color sergeants, 45. Enlistment, 30, 48. First sergeants, 46, 47. Marine guard, 29. Meetings of, 73. Pay, 81, 82, 83. Quartermaster sergeants, 46, 47. Reduction to ranks, 47. Stable sergeants, 46, 47. Staff, 30, 45, 46, 47. Warrants, 30, 45, 46, 47, 109. Oaths: Administered by, 41, 44, 45, 48, 49, 92, 99. Board of examiners, 41, 45. Commissioned officers, 6, 7, 45. Courts-martial, 92. Courts of inquiry, 92. Enlistment, 49. Muster-in, 49. Special board of examiners, 44. Staff of Commander-in-Chief, 45. Officers. (See Commissioned Officers.) Orders: Certain, in writing, 70. i Disobedience of, 70, 92, 93. General orders in force, 102, 103. Ordnance Department: Annual report, 32. Chief, may visit competitions in small arms practice, 73. Chief, member of staff of Commander-in- Chief, 12. Eligibility to appointment as officer of, 36. Examination of officers in, 40. Inspector General of Small Arms Practice, 25. Inspectors of small arms practice, 25. Noncommissioned officers, 19, 45, 46. Organization, 19. Rank of chief, 26. Recruiting officers for war, 115, 116. Status of officers in time of war, 116. Term of office of chief, 13, 26, 27. Visits to companies by officers of, 73. Ordnance Officer (see Ordnance Depart¬ ment) : Naval brigade, 28. 136 Ordnance Sergeant: Appointment, 45, 46. Number of, 19. Organizations: Adjutant General’s department, 16. Ambulance company, 18. Cavalry, 23. Coast artillery corps, 20, 21. Commander-in-Chief shall prescribe, 30, 31. Corps of cadets, 16, 25. Corps of engineers, 19. Field artillery, 24. Field hospital, 18. Hospital corps, 17, 18, 19. Infantry, 21, 22. Inspector General’s department, 16. Judge Advocate General’s department, 16. Medical corps, 17. Medical department, 17. National guard, 15. Naval brigade, 27, 28, 29. Naval militia, 15. New companies, 31. Ordnance department, 19. Pay department, 17. Quartermaster’s department, 17. Regulations for, 109, 110, 111, 112, 113. Signal corps, 19. Staff of Commander-in-Chief, 12. Subsistence department, 17. Parades: Annual, 71. Foreign troops, 80. Grand Army of the Republic, 80. Military schools, 79, 80. Organizations other than militia, 79, 80. Sons of Veterans, 80. Unauthorized, 77, 79. United Spanish War Veterans, 80. Pay and Allowances: Adjutant, 82. Adjutant general of brigade, 82. Advance from treasury for, 89. Armorer of company, 88. Bandsmen, 81, 82. Boards of officers, 82, 118. Bugler, 82, 83. Chief bugler, 82, 83. Color sergeants, 81, 82. Commissioned officers, 81, 82. Cooks, 81, 82. Pay and Allowances — Con. Courts-martial, 89. Deductions for property losses, 76, 77, 114, 115. Delegates to National Guard Association, 100 . Duty must be performed to be entitled to pay, 79. Education, 86. Enlisted men, 75, 76, 77, 81, 82, 83, 112. Expenses of officers of United States army or navy, 89. Fines of courts-martial deducted from, 91. Forage, 82, 87. Horses, allowance for, 82. Horses, killing of, or injury to, 83. Horses, transportation, 86, 87. Mechanic of battery, 88, 89. Motor vehicles, 84. Mounted pay, 82, 119. Musician, 82, 83. % Naval brigade, 27, 28, 29. Noncommissioned officers, 81, 82. Office incidentals, 88. Officers, for uniforms, 85. Paymasters, 82. t> Petty officers, 28, 81, 82. Postage, 88. Printing, 88. Property, for care of, 85, 86. Rendezvous drills, 75, 76, 77, 112. Retired officers, 52. Riding instruction, 85. Rolls, 81, 118, 119. Special duty, 82. Stationery, 88. Subsistence, 82, 87, 111. Transportation of horses, 86, 87. Travel, 73, 84, 85, 87. Trumpeter, 82, 83. Uniform repairs and alterations, 88. Uniforms for officers, 85. United' States, when in service of, 99. United States, whe.n paid from funds of, 84, 99. Vouchers, 97, 98. Pay Department: Annual report, 32. Bond, 98. Chief, member of staff of Commander-in- Chief, 12. 137 Pay Department — Con. Eligibility tor appointment to, 36. Examination of officers, 40. Organization, 17. Paymaster General, 12, 17. Rank of chief, 26. Term of office of chief, 13, 26, 27. Paymaster General: Annual report, 32. Advance from treasury, 89. Appointment, 36. Bond, 98. Chief of department, 17. Eligibility, 12, 13, 36. Member of staff of Commander-in-Chief, 12. Rank of, 26. Term of office, 13, 26, 27. Paymasters: Allowance to, 82. Appointment, 36. Bond, 98. Eligibility, 36. Naval brigade, 28. Number of, 17. Payment by, 119. Rank, 17. Vouchers, 97, 98. Petty Officers: Appointment, 30, 45, 46. Enlistment, 28, 30, 48. Meetings of, 73. Pay, 28, 81, 82, 83. Rank, 28, 29. Reduction, 47. Warrants, 30, 45, 46, 109. Postage: Allowance for, 88. Precept: For ordering out militia, 69. Printing: Allowance for, 88. Property. (See Public Property.) Publications: Adjutant General may issue, 122. Militia law, 95. Regulations, 95. Public Property: Accountability for, 57, 113, 114, 115. Accountable officer to turn over before resignation or retirement, 57, 113. Accountable officer to give bond, 98, 113. Public Property — Con. Accounts, 58, 114. Allowance for care, 85, 86. Allowance for repairs and alterations, 34, 88. Armories, to be kept in, 55. Board to inspect and condemn, 58. Bond of accountable officer, 98, 113. Bond of Quartermaster General, 33. Cities and towns to provide rooms for keeping, 59, 60. Commissioned officers to care for, 57. Condemnation, 58, 59. Deductions for losses, 57, 76, 77, 86, 114, 115. Deductions from allowance for care, 86. Detailed officers and men, 105. Disbanded organization, 57. District police to search for, 56. Dropping allowance, 114. Injury to United States, 86. Inspections of, 32, 58, 117. Issue by Quartermaster General, 33, 54. Legislative committee to examine, 59. Liability of officer resigning, etc., 58. Loan to Grand Army of the Republic, 59. Losses, 57, 76, 77, 86, 114, 115. Marking, 114. Not to be taken from Commonwealth, 99. Penalty for misuse, 56. Purchases by Quartermaster General, 33. Purchases from Quartermaster General, 55, 115. Quartermaster General to issue, 33, 54. Quartermaster General to purchase, 33. Quartermaster General to sell to officers and men, 55, 115. Railways and railroads to transport, 59. Records of, 114. Recruits to have certain new parts of uni¬ form, 115. Repairs, allowance for, 34, 88. Responsibility, 55, 56. Returned, after use, 55. Returns, 55, 113. Sales by Quartermaster General, 55, 115. Storage at State camp ground, 34. Subsistence stores, 58, 59. Superintendent of arsenal may inspect, 32. Surveying officers, 57, 117. To be turned over to successor, 57. Unauthorized use, 55. 138 Public Property — Con. Unlawful purchase or possession, 56, 57. United States property, loss or injury of, 86. Quartermaster General: Account books to be supplied by, 94. Annual report, 32. Appointment, 36. Armories, expenditures for care and main¬ tenance, 66. Armories, returns of, 66, 67. Arsenal, care of, 33. Authority as to mechanic of battery, 88, 89. Bond, 33. Burial lot and monument, 33. Camp ground, care of, 33. Chief of department, 17. Clerical assistants, 34. Duties, 33, 34. Eligibility, 12, 13, 36. Forage, 87. Issues uniforms, arms, etc., 54. Loan of property to Grand Army of the Republic, 59. Member of staff of Commander-in-Chief, 12. Purchases, no pecuniary interest in, 32,33. Rank, 17, 26. Returns of property to, 55. Salary, 33. Sales, no pecuniary interest in, 32, 33. Sales of public property, 55, 115. Term of office, 13, 26, 27. Transportation, to be furnished by, 34, 73, 74, 75, 87. Quartermasters: Departmental, appointment, 36. Departmental, eligibility, 36. Departmental, number of, 17. Departmental, rank, 17. Quartermaster’s Department: Annual report, 32. Chief, member of staff of Commander-in- Chief, 12. Clerks, 34. Deputy Quartermaster General, 17, 33. Noncommissioned officers, 17, 46. Organization, 17. Rank of chief, 26. Salary of clerks, 34. Salary of Deputy Quartermaster General, 33. Salary of Quartermaster General, 33. Quartermaster’s Department — Con. Salary of stenographer, 34. Salary of superintendent of armories, 34. Salary of superintendent of arsenal, 34. Stenographer, 34. Superintendent of armories, 34. Superintendent of arsenal, 25, 34. Quartermaster Sergeants: Appointment of, 45, 46, 47. Cavalry, 23. Coast artillery corps, 21. Corps of cadets, 25. Field artillery, 24. Infantry, 22. Reduction, 47. Rank of Commissioned Officers, 35. Recruiting Officers: Commanding officers, 48. Company commanders, 48. For war, 115, 116. To be mustering officers, 48. Recruits: Eligibility, 49. Enlistment, 49. Muster-in, 49. Uniforms, 115. Regiments: Accountability of commander for property, 113. Adjutants, 5, 22, 35, 82. Allowance for postage, printing, etc., 88. Allowance for repairs and alterations of uniforms, 88. Allowance to commander for care of prop¬ erty, 85, 86. Appointment of adjutant, 5, 35. Appointment of Quartermaster, 5, 35. Appointment of staff, 35. Assembly of companies for instruction, 74. Assembly of officers for instruction, 74. Band, 22. Battalion drills, 75. By-laws, 93, 94, 95. Coast artillery corps, considered, 20. Colors, 107, 108. Council of administration, 111. Division of militia into, 5. Drill reports, 110. Drills, regimental, 75. Enlistment book, 109. Funds, 111. 139 Regiments — Con. Horse allowance, 82, 119. Hospital corps detachment, 18, 19, 119. Inspection of companies, 74. Instruction in riding, 85. Jury exemption rolls, 95, 96. Meetings of officers and noncommissioned officers, 73. Mounted pay, 31, 82, 119. Muster and descriptive cards, 109, 110. Noncommissioned officers, 22, 45, 46, 47. No parades without approval, 77. Number of, in brigade, 21. Number of, in militia, 5. Number of, in national guard, 15. Organization, 22. Property accountability of commander, 113. Quartermasters, 5, 22, 35. Recruiting officer, 48. Recruiting officer for war, 115, 116. Rendezvous drills, 75, 76, 77, 112, 113. Reserve militia, 11. Riding instruction, 85. Staff, appointment of, 5, 35. Term of office of colonel, 51. Visits of commander to companies, 73. Regulations: Army of the United States, 93, 95, 103. Authority of Commander-in-Chief in, de¬ fined, 103. Commander-in-Chief may make, 95. Interpretation of, 103, 104. Navy of the United States, 30, 103. Publication of, 95. Rendezvous Drills: Authority to order, 112, Certificate of attendance, 112, 113. Conduct of, 112. Duration of, 75. Hospital corps, 17. Law in regard to, 75, 76, 77. Not more than two in one week, 75. Number of, 75. Pay, 75, 112. Regulations in regard to, 112, 113. Returns of, 113. Reports: Annual, by chief of coast artillery corps, 32. Annual, by chief of departments, 32. Annual, by chief of staff corps, 32. Reports — Con. Courts-martial, 32. Drill, 110, 111. Inspections, 32, 71, 72. Jury exemption, 95, 96. Public property, 55. To Adjutant General, 13. Reserve Militia, 10, 11, 71. Retired Officers: Amenable to courts-martial, 52. Commissioned, 52. Eligibility to duty, 52. Officer failing to pass may be, 43. Officer whose term expires, 51. Pay and allowances, 52. Register, 52. Report change in address, 53. Retirement of, 51, 52, 53. Roster of, 52, 53. Rifle Ranges: Cities and towns to provide, 61, 62. Inspector General of Small Arms Practice to have charge of, 26. Rifle Team, 80. Riots, 14, 69. Saddlers: Appointment, 46. Cavalry, 23. Salaries: Adjutant General (Lieutenant Colonel), 14. Clerks in Adjutant General’s department, 14. Clerks in Quartermaster’s department, 34. Deputy Quartermaster General, 33. Messenger in Adjutant General’s depart¬ ment, 14. Quartermaster General, 33. Stenographer in Quartermaster’s depart¬ ment, 34. Superintendent of armories, 34. Superintendent of arsenal, 34. Surgeon General, 32. The Adjutant General, 14. Schools: Academic board of instruction, 113. Appropriation for, 86. Commandant of service schools, 113. Officers, 73. Orders in relation to service schools, 102. System of, 41. 140 Secretary of War: The Adjutant General to make reports to, 13, 14. Service Medals and Clasps, 50, 120. Service Schools. (See Schools.) Sheriffs: May direct ordering out of militia, 69. Signal Corps: Accountability of chief for property, 113. Alarm list, 110. Allowance for armorer, 88. Allowance for care of property to com¬ mander, 85, 86. Allowance for postage, printing, etc., 88. Allowance for repairs and alterations of uniforms, 88. Annual report of chief, 32. By-laws, 93, 94, 95. Council of administration, 111. Drill reports, 110. Drills may be omitted in certain months, 74. Drills prescribed, 74. Eligibility to appointment as officer of, 36. Enlistment book, 109. Funds, 111. Hospital corps detachment, 19, 119. Included in “company” in militia law, 8. Jury exemption rolls, 95, 96. Mounted pay, 119. Muster and descriptive cards, 109, 110. Noncommissioned officers, 19, 45, 46. Organization, 19, 102. Recruiting officer, 48. Rendezvous drills, 75, 76, 77, 112, 113. Riding instruction, 85. Signal Officers: Naval brigade, 28. Signal corps, 19. Small Arms Practice, Inspectors of (see Ordnance Department): Rifle team, 80. Soldier: Definition of, in militia law, 8. Squadron. (See Cavalry.) Stable Sergeant: Appointment, 46. Field artillery, 24. Staff Officers: Appointment, 5, 35, 36. Brigadier General’s, 5, 21, 35, 36. Staff Officers — Con. Commander-in-Chief’s staff, 12, 13, 14, 35, 45. Eligibility, 12, 13, 36. Standards: Cavalry, 108. Field artillery, 108. Unauthorized, 109. Stationery: Allowance for, 88. Street Railways: Authorized to transport military supplies, 59. Subalterns: Election of, 4, 7. Subsistence: Allowance, 82. Band, 87. Bids, 87. Commutation when in service of the United States, 99. * Detailed officers or men, 105. Enlisted men, 87. Officers subsisting from men’s mess, 111. Perishable, 58, 59. Received from the United States, 84, 99. * Sales, 58, 59, 87. Savings, 88. Subsistence Department: Annual report, 32. Chief, member of staff of Commander-in- Chief, 12. Noncommissioned officers, 17, 46. Organization, 17. Rank of chief, 26. Superintendent of Armories, 34. Superintendent of Arsenal, 25, 32, 34. Surgeon: Naval brigade, 27, 28. Surgeon General: Annual report, 32. Appointment, 36. Chief of medical department, 17. Duties, 32. Eligibility, 36. Member of staff of Commander-in-Chief, 12. Physical examination to be prescribed by, 32. Purchases, no pecuniary interest in, 32, 33. Rank, 17, 26. Salary, 32. 141 Surgeon General — Con. Sales, no pecuniary interest in, 32, 33. Term of office, 13, 17, 26, 27. Surveying Officers: Public property, 57, 58, 59, 117. Subsistence stores, 58, 59. Tenure of Office: Brigadier general of infantry, 51. Captain of naval brigade, 51. Chiefs of staff departments, 13, 26, 27. Colonel of coast artillery corps, 51. Colonel of infantry, 51. The Adjutant General, 13. Tours of Duty: Annual parade, 71. Bands may be excused from camp duty, 71. Camp duty, 71, 72. Escort duty, 73. In case of tumult, riot, etc., 69, 70. Invasion, to repel, 68, 69. * Insurrection, to suppress, 68, 69. Notice of, 72. Towns. (See Cities and Towns.) Transfers of Enlisted Men, 106, 107. Transportation: % Assemblies for drill, 75. Assemblies of officers or companies, 74. Furnished by Quartermaster General, 34. Horses, 86, 87. Meetings of officers or noncommissioned officers, 73. Officers visiting companies, 73. Received from the United States, 84. Travel Allowances, 84, 85. Troop (see also Companies): Alarm lists, 110. By-laws, 93, 94, 95. Council of administration, 111. Drill reports, 110. Enlistment book, 109. Funds, 111. Included in “company” in militia law, 8. Jury exemption rolls, 95, 96. Muster and descriptive cards, 109, 110. No parade without approval, 77. Number of, 14. Organization of, 23. Troop — Con. Recruiting officer, 48. Recruiting officer for war, 115, 116. Trumpeters: Appointment, 46. Cavalry, 23. Chief trumpeter, coast artillery corps, 21. Phy, 82, 83. Uniform: Adoption of other than prescribed, 58. Aids, 120, 121. Aiguillettes, 120. Buttons, 121. Collar ornaments, 121. Commissioned officers to provide them¬ selves with, 54. Conform to that of army of the United States, 55. Corps of cadets, 120. Discharged officer may wear, 54. Enlisted men to be provided with, 54. Medals and decorations, 120. National guard, 119, 120, 121. Naval brigade, 120, 121. Officers’ allowance for, 85. Organizations to be provided with, 54. Quartermaster General may make sales of, 55. Repairs and alterations, allowance for, 88. Retired officers, 52. Service chevrons, 121. Unauthorized wearing, 54, 55. Veterinarians: Appointment, 38. Cavalry, 23. Eligibility, 36. Examination, 40. Field artillery, 24. Mounted pay, 119. Pay and allowances, 38. Rank, 38. Visits to companies, 73. Wagoners: Appointment, 46. Cavalry, 23. War Recruiting System, 115, 116. 3 0112 098432989