OF THE U N I VERS 1TY Of ILLINOIS 3E>&^51 N8lr \<30 7 REGULATIONS FOR THE North Carolina National Guard 1907. RALEIGH: ADJUTANT GENERAL’S DEPARTMENT. Ili'^VfiPvP RALEIGH : E. M. UZZELL & COMPANY, STATE PRINTERS. 3 53: 3 if/ i.-:* STATE OF NORTH CAROLINA, Office Adjutant General, Raleigh, May 18, 1908. General Orders No. 4. The Board of Officers, consisting of Gen. J. F. Armfield, First Brigade; Gen. Thomas R. Robertson, Adjutant General; Gen. Francis A. Macon, Quarter- ^ master General; Lieut. Col. R. L. Leinster, Assistant Adjutant General, detailed to prepare Regulations for the North Carolina National Guard, having com¬ pleted their work and submitted it to the Commander in Chief, the same is * hereby approved, and is adopted for the guidance and government of all con- cerned. All former regulations and orders conflicting therewith are hereby revoked. By order of the Commander in Chief : ^6 ii THOS. R. ROBERTSON, Adjutant General. r 1/3 f< I 20330 I Digitized by the Internet Archive in 2018 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/regulationsfornoOOnort TABLE OF CONTENTS. Part I.—North Carolina Statutes—Articles of War. Part II.—Organization, Discipline, and Correspondence. Part III.—Public Property—Classification, Issue, Accountability, Disposition. Part IV.—Active Service. PART I NORTH CAROLINA STATUTES, ARTICLES OF WAR. NORTH CAROLINA STATUTES. Section 1. That the following sections of said chapter^ one hun¬ dred and two, Revisal of one thousand nine hundred and five of North Carolina, shall read as follows: 4848. Who liable for duty in. All able-bodied male citizens of the State of North Carolina, between the ages of twenty-one and forty-five years, who are citizens of the United States, shall be liable to duty in the militia: Provided, that all persons who may be averse to bearing arms, from religious scruples, shall be exempt therefrom. 4849. Divided into active and inactive. The militia shall be divided into two classes, the active and inactive. The active militia shall consist of all regularly enlisted volunteers; the in¬ active militia shall consist of all other persons subject to military duty. 4850. Commander in chief; power to call out. The Governor shall be commander in chief, and shall have power to call out the militia to execute the law, suppress riots or insurrections, and to repel invasions. 4851. Active first ordered out. In all cases the active militia hereinafter provided for shall be ordered into service. 4852. White and colored enrolled separately; only white officers. The white and colored militia shall be separately enrolled, and shall never be compelled to serve in the same organization. No organi¬ zation of colored troops shall be permitted while white troops are available, and when permitted to be organized, colored troops shall be under command of white officers. 4853. Commander in chief prescribes rules for its government. The Governor, as commander in chief,, may from time to time pre¬ scribe such orders, rules, regulations, forms and proceedings as he may think proper (not inconsistent with the discipline prescribed by the United States) for the use, government and instruction of the militia. Persons liable to duty. Active and inactive. Governor com¬ mander in chief. Power to call out militia. Active militia first called out. Separate enroll¬ ment. Organization of colored troops. Governor to pre¬ scribe orders, rules and regulations. 4854. Discipline. The active militia, and the inactive militia Rules and regula- when called into active service, shall be organized and disciplined states*toapply. in the same manner and according to the rules and regulations required by the Congress of the United States for the organizing and disciplining of the National Guard. 4855. Ordered out for service; failure to appear; penalties. Punishment for Every soldier ordered out for active duty, or who shall volunteer when ordered mit or be drafted, who does not appear at the time and place ordered, to be fixed by 1 ’ court-martial. or who has not some able-bodied and proper substitute at such time 10 Pay in active service. To be paid by county in which service is rendered. Pay of officers when on duty. Proviso: pay of inspector general. Officers appointed and commissioned by governor. Revocation of commission. Election and nom¬ ination of officers. Officers to qualify. Officers to rank from date of commission. REGULATIONS FOR THE N. C. NATIONAL GUARD. and place, or does not furnish a reasonable excuse for such non- appearance, shall be liable to such punishment as a court-martial may determine. 4856. When paid. The militia of the State, both officers and enlisted men, when called into the service of the State, shall receive the same pay and rations as when called into the service of the United States: Provided, however, that when called in aid of the civil authorities to guard any jail or prisoners, or to quell riots, enlisted men shall receive in addition to said pay the sum of sixty (60) cents per day. 4857. By whom paid. When the militia or any portion thereof shall be called into actual service, according to law, to serve any county of the State, or for guarding the jail of such county on account of prisoners from some other county being imprisoned in such jail, the County Commissioners of the county from which said prisoners may be or may have been taken shall audit the account of said militia, and draw a warrant upon the County Treasurer for the same, and the County Treasurer shall pay the same out of any county funds not otherwise appropriated. 4858. May he ordered on duty; pay. The Governor may, when¬ ever the public service requires it, order upon special or regular duty any officer of the National Guard, and his expenses and com¬ pensation therefor shall be paid upon the approval of the Governor and warrant of the Auditor. Such compensation shall not exceed four dollars per diem. No staff officer who receives a salary as such shall be entitled to any additional compensation for any ser¬ vice connected with his office: Provided, that the Inspector Gen¬ eral shall be allowed the pay of his rank while engaged in the duties of his office. II. Officers. 4859. How appointed and commissioned. All officers of the militia shall be appointed and commissioned by the commander in chief. He may revoke the commission of any officer at any time. When not in active service the officers of the active militia, below the rank of Brigadier General, shall be previously elected or nomi¬ nated as provided by law. 4860. To take and subscribe oath of office. Every commissioned officer of the militia, before entering upon his duties, shall take and subscribe before a justice of the peace, or other qualified officer, the oath prescribed by the Constitution, which shall at once be for¬ warded to the Adjutant General. 4861. Rank according to date of commission. Commissioned officers shall take rank according to the date of their commissions. The day of appointment or election of an officer shall be expressed REGULATIONS FOR THE N. C. NATIONAL GUARD. 11 in his commission, and considered as the date thereof. Whenever Rank under an officer shall be recommissioned within six months after the recommisslon - expiration or revocation of his original commission, in the same grade in which he has served in the State Guard, his new commis¬ sion shall bear date even with, and he shall take rank from, the date provided for in his former commission. When two commis- Priority in commis¬ sions bear the same date, the officer who has had priority of rank slons of even date - in any lower rank shall have precedence. And if the officers have not served in a lower grade, the commander in chief shall designate their respective rank or priority. 4862. Reports by. Every officer shall make all such reports as Officers to make may be required of him by any law or regulation or as may be reports * called for by any superior officer. 4863. Staff, hoiv . divided. The military staff of the State of Personal and North Carolina shall be divided into two kinds, the personal staff general staff * of the commander in chief and the general or departmental staff. All staff officers shall hold office until their successors are appointed and qualified, but may be removed at any time by the Governor. 4864. Commander in chiefs personal staff. The personal staff personal staff, of the commander in chief shall consist of seven aides-de-camp with the rank of Colonel, two of them to be naval aides; and the Gov- Private secretary ernor may appoint his private secretary as an additional personal addltlonal aide - aide, and commission him with the rank of Colonel. 5865. General staff. The general staff shall consist of an Ad ju- General staff. taut General, with the rank of Brigadier General; one Quartermas- Adjutant general. ter General and Chief of Ordnance, with the rank of Brigadier Quartermaster general. General; one Inspector General; one Surgeon General; one Com- inspector general, missary General; one Chief of Engineers; one Inspector of Small- confmiss^ 16 ^ 1 Arms Practice: one Judge Advocate General; one Paymaster Gen- f;? ae F al ; Chief of engineers. eral: each with the rank of Colonel. The commander in chief may inspector of small- appoint additional assistants to each of said officers, with rank not ju^ge^dvocate higher than that of Lieutenant Colonel, if in his judgment it is best general. Paymaster general. for the interest of the service. Assistants. 4866. Adjutant General; duties. The Adjutant General shall be Duties of adjutant chief of staff, and shall be in control of the military department of general * the State, and as such subordinate only to the Governor in matters pertaining to said department. He will perform such other duties as pertain to the office of Adjutant General, under the regulations and customs of the United States Army. He will prepare and for¬ ward to the War Department at Washington all returns and reports required by the United States Government from this State. He shall keep a register of all enlistments made in the several branches of the militia, as well as a roster of all officers, and shall also keep in his office all records and papers required by law to be filed therein. He shall make an annual report to the Governor on or 12 REGULATIONS FOR THE N. C. NATIONAL GUARD. Allowance for cler¬ ical work and printing. Quartermaster general and assistants. Bonds of assistants and of store¬ keeper. before the thirty-first of December of each year, including a de¬ tailed statement of all expenditures for military purposes during that year, and shall also make a biennial report to the General Assembly. He shall when necessary, and at the expense of the State, cause the military law, the regulations governing the National Guard of the State, and the Articles of War of the United States, to be printed, indexed and bound in proper and compact form, and distributed to the commissioned officers of this State at the rate of one copy to each officer; and to each commissioned officer of the general headquarters he shall issue one copy of the necessary text¬ books, and a copy also of the annual reports concerning the active militia. He shall cause to be prepared and issued all necessary blank books, blanks, forms and notices required to carry into full effect the provisions of this chapter. All such books and blanks shall be and remain the property of the State. The Adjutant Gen¬ eral shall have such assistants, clerks and employees as may be prescribed by the commander in chief. The Adjutant General shall perform such other duties not herein specified as may be required of him by the military laws and regulations or by the commander in chief. The Adjutant General shall be allowed all such neces¬ sary expenses as may be incurred for clerk hire, and for printing, and for making the blank forms, books, orders and reports required in his office, not to exceed one thousand dollars, and out of said sum he may employ the executive clerk, when not required by the Governor, at a salary of twenty-five dollars per month. 48G7. The Quartermaster General and assistants. First. The Quartermaster General may have two assistants, one with the rank of Lieutenant Colonel and one with the rank of Major, and one military storekeeper, who shall be a quartermaster with the rank of Captain. These officers shall be appointed and commissioned by the Governor upon the recommendation of the Quartermaster General, and shall at the time of their appointment be officers in active service in the National Guard of the State, and shall be entitled to the rights and privileges of officers of the National Guard of corresponding rank. The Quartermaster General shall have the necessary clerks and employees, not exceeding four, and as many laborers as may be required from time to time. The clerks and employees shall be appointed and the laborers hired, with the approval of the Governor, by the Quartermaster General. Second. The Quartermaster General may require his assistants and the military storekeeper to give bonds with sufficient security in not exceeding ten thousand dollars ($10,000) each to the people of the State, conditioned for the faithful performance of their duties, such bonds to be approved by the Governor and Adjutant General, and filed in the latter’s office. REGULATIONS FOR THE N. C. NATIONAL GUARD. 13 Third. He shall attend to the care, preservation and safe-keeping Duties, and repairing of the arms, ordnance, accouterments, equipments, and all other military property belonging to the State, or issued to the State by the government, of the United States for the purpose of arming and equipping the organized militia. All military prop¬ erty of the State which, after a proper inspection, shall be found unsuitable for the use of the State shall, under the direction of the Governor, be disposed of by the Quartermaster- General, as required by law. He shall be responsible for all arms, ordnance, accouter¬ ments, equipments, and other military property which may be issued to the State by the Secretary of War in compliance with law; and it shall thereafter be his duty to prepare returns of said arms and other property of the United States at the times and in the manner requested by the Secretary of War. He shall, upon the order of the Governor, turn in to the Ordnance Department of the United States Army the rifles, carbines, bayonets, bayonet scab¬ bards, gun slings, belts, and such other necessary accouterments and equipments, the property of the United States and now in pos¬ session of the State, which may be replaced, from time to time, by new arms, equipments, etc., sent by the United States in substitu¬ tion therefor, and cause the same to be shipped, under instructions from the Secretary of War, to the designated arsenal or depot, at the expense of the United States. And when the National Guard of the State shall be fully armed and equipped with standard ser¬ vice magazine arms, and the standard equipment and accouter¬ ments of the United States Army, he shall cause all the remaining arms, equipments, etc., the property of the United States and in possession of the State, to be transferred and shipped as above directed. Fourth. He shall keep a just and true account of all expenses necessarily incurred, including pay of officers and enlisted men in his department, transportation of the land forces, and of all mili¬ tary property of the State; and such expenses shall be audited and paid in the same manner as other military accounts. In addition to what is specially prescribed, the duties of the Duties of other other staff officers shall be such as are discharged by similar of- staff officers - fleers in the United States Army, and such other duties as they may be directed to perform by order of the commander in chief. And in the cases of disbursing or distributing officers, the Gov- Bonds of disburs- ernor shall have power to prescribe forms of bonds for the faithful JJJJ officers. tribut ’ performance of duty, which shall not exceed in amount twice the sums of money or property passing annually into their hands. The disbursing officer, designated by the Governor to receive and dis- Reports of disburs- burse the funds apportioned to this State from the National Gov- inff officer ‘ ernment for the National Guard of the State, shall file with the 14 REGULATIONS FOR THE N. C. NATIONAL GUARD. Notice of absence of officer. Officers disabled from holding com¬ mission. Property to be turned over to successors. Responsibility and returns of officer receiving property and money. Honorable dis¬ charge of officer. Officers dismissed. Certificates of discharge. Dishonorable discharges. Honorable dis¬ charge of enlisted men. Governor duplicates of his statements and reports to the Auditor of the War Department, and said duplicates shall be printed in the annual reports of the Adjutant General. 4868. Absent, give notice. When any officer shall have occasion to be absent from his usual residence two weeks or more, he shall notify the officer next entitled to the command, and also his next superior officer in command, of his intended absence. 4869. Any officer convicted by general court-martial, and dis¬ missed from the service, shall be forever disabled thereafter from holding a military commission. 4870. Delivers public property to successor. All officers who shall have in their hands either money, public property or papers re¬ ceived by virtue of their appointments, shall, when they leave their office, pay and deliver the same to their successors in office. 4871. Accounts for public property. Every officer receiving pub¬ lic property or money for military use shall be accountable for the articles so received by him, and make return of such property or money at such times and in such manner, and on such forms, as may be prescribed. He shall be liable to trial by court-martial upon neglect of duty, and also make good the value of all such property or money defaced, injured, destroyed or lost by any neg¬ lect or default on his part, to be recovered in an action at law to be instituted at the order of the Adjutant General. All money received on account of such loss or damage shall be paid to the Paymaster General, and shall be accounted for in his return. III. Discharges. 4872. Honorable discharge; dismissal. A commissioned officer may be honorably discharged upon tender of resignation, upon dis¬ bandment of the organization to which he belongs, upon the report of the board of examination, or for failure to appear before such board when ordered. He may be dismissed upon the sentence of a court-martial or conviction in a court of justice of an infamous offense. 4873. Certificate of, given. Every soldier discharged from the service shall be furnished with a certificate of such discharge, which shall state clearly the reasons therefor. Dishonorable dis¬ charges will have the word “Dishonorable” written or printed diagonally across their faces in large characters with red ink. and the re-enlistment clause will be erased by a line. 4874. Honorable. No enlisted man shall be honorably discharged before the expiration of his term of service, except by order of the commander in chief and for the following reasons: Upon his own application, approved by the commanding officer of his company REGULATIONS FOR THE N. C. NATIONAL GUARD. ] 5 and by superior commanders; when not in active service, upon removal from the county in which the organization of which he is a member is situated; upon disability, established by certificate of the medical officer; to accept promotion by commission whenever in the opinion of the commander in chief the interest of the service demands such discharge. 4875. Dishonorable'. Enlisted men shall be dishonorably dis- Dishonorable charged by order of the commander in chief, to carry out a sen- dlschar ^ e - tence of court-martial, upon conviction of felony in a civil court, upon discovery of re-enlistment after previous dishonorable dis¬ charge. 4876. Lost discharge papers. Duplicate discharges will not be Certificate in lieu granted to enlisted men. Should any soldier unavoidably lose his papers* 13 ^ 6 discharge papers, a certificate (according to form in the office of the Adjutant General) will be furnished in lieu of said discharge paper, upon representation of the facts of said loss, attested by some commissioned officer of the Guard or some civil magistrate. IV. Courts-martial. 4877. How formed and governed. Courts-martial for the active Courts-martial militia shall be governed according to the laws and regulations of Jegufation? army the United States Army. The military courts of this State shall be general court, garrison court, summary court, and courts of inquiry. The form and manner in which proceedings of a military court shall be conducted and recorded, and the forms of oaths and affirmations taken in the administration of military law by such courts, and the limits of punishment and proceedings in revision, shall be governed by the Articles of War, and the law and proced¬ ure of the courts-martial of the United States. No action or pro¬ ceeding shall be prosecuted or maintained against a member of a military court, or against an officer or person acting under its authority or reviewing its proceedings, on account of the approval or imposition or execution of any sentence, or the imposition or collection of a fine or penalty, or the execution of any warrant, writ, execution, process, or mandate of a military court. Presumption of jurisdiction. The jurisdiction of the courts and Courts and boards board established by this chapter shall be presumed, and the bur- furfsdiitfon? h&ve den of proof shall rest upon any person seeking to oust such courts or boards of jurisdiction in any action or proceeding. Courts-martial shall have the power to try any officer or enlisted Jurisdiction of man for any violations of any of the Articles of War of the United courts - martial - States, or of any statute of the State of North Carolina regulating the government of the militia, and upon conviction may dishonor¬ ably discharge the person so convicted from the service, or impose 16 REGULATIONS FOR THE N. C. NATIONAL GUARD. Commanding offi¬ cers to bring suits for penalties. Judgment on pro¬ duction of record of court-martial. Judge advocate to issue subpoenas. Witnesses to be sworn. Form of oath. Uniform, arms and equipment to con¬ form to army and navy. Arms obtained on application of com¬ pany commander. a penalty not to exceed fifty dollars. For all penalties imposed by court-martial each commanding officer of the organization to which the convicted party belongs, within ten days after the penalty has been imposed, shall notify the delinquent of the amount of the penalty; and if said delinquent shall neglect or refuse to pay said penalty within ten days after such notice is given, it will be the duty of the commanding officer to bring suit on behalf of the organization to which the delinquent belongs before a justice of the peace of the county in which said delinquent resides, to recover the amount of the penalty. And upon the production in court of the record of the finding and sentence of the court-martial, the justice of the peace shall give judgment against the defendant, and in favor of the company or organization to which defendant belongs, for the amount of the penalty and the cost of the action. 4878. Witnesses before, how subpoenaed. The Judge Advocate of any court-martial constituted according to this chapter may issue a summons, in the nature of a subpoena in criminal cases, directed to any sheriff or constable, or to any soldier, to summon witnesses for the State and the accused; and the persons summoned by him shall be bound to attend and give evidence before the court-martial, under the same penalties as in criminal actions, and, if a soldier, under penalty of being tried and punished by court-martial for disobedience of orders. 4879. Witnesses sworn. All witnesses shall be sworn by the Judge Advocate, before they give their evidence, as in criminal cases, according to the following form : “You,.. do swear that the evidence you will give to the court in the case between the State and C. D. shall be the truth, the whole truth, and nothing but the truth: so help you, God.” V. Arms and Equipment. 4880. Same as United States Army and Navy. The uniform, arms and equipment of the militia shall, for the land forces, be in ac¬ cordance with the regulations governing the United States Army; and for the naval forces, in accordance with the regulations gov¬ erning the United States Navy. 4881. How obtained. Each company of the National Guard, on application by the commander thereof to the Adjutant General, through his regimental and brigade commander, if there be such, and producing satisfactory evidence that the law in relation to the distribution of public arms has been fully complied with, shall be furnished with such appropriate arms and equipment as shall be determined by the commander in chief, upon such terms and under such conditions as the law prescribes. REGULATIONS FOR TIIE N. C. NATIONAL GUARD. 17 4884. Bond. Commanders of regiments and companies, and all Bonds for proper , , care, use and other officers who are responsible for public military property, shall return of property. execute and deliver to the Adjutant General a bond, payable to the State of North Carolina, in a sufficient sum and with sufficient sureties, to be approved by the Governor, conditioned for the proper care and use, of said public property, and the return of the same, when ordered by competent authority, in good order, ordi¬ nary wear and unavoidable loss and damage excepted; and in case of such loss or damage, to immediately furnish the Adjutant Gen¬ eral with properly attested affidavits setting forth all the facts attending said loss or damage. 4885. Care and return of military property. All public military Property to be kept property, except when in use in the performance of military duty, m armories * shall be kept in armories, or other properly designated places of deposit; and it shall be unlawful for any person charged with the care and safety of said public property to allow the same out of his custody except as above specified. VI. Public Arms. 4886. Where kept. All the public arms of every description be- Public arms not longing to the State, which may not be distributed among the maininarsenal 6 " militia according to law, shall, under the direction of the Adjutant General, be deposited and kept in the public arsenal established at Raleigh. __ • 4887. Keeper of the arsenal. The Keeper of the Capitol shall, Keeper of capitol under the direction of the Adjutant General, have charge of the arsenal charge ° f arsenal at Raleigh. The Governor may make such provisions as he may think necessary for guarding and protecting the arsenals and depots of arms, and for the purpose of defraying the expenses incurred under this and the preceding section he may, upon the cer¬ tificate of the Adjutant General, from time to time draw on the State Treasurer for such sums as may be necessary. 4888. Freight on public arms paid out of general fund. The Freight to be paid. Auditor of the State is hereby authorized and directed to issue his warrant upon the State Treasurer for the payment of such sums as may be certified by the Adjutant General and the Governor to be actually necessary to pay the freight upon ammunition, uniforms and equipment shipped out from or returned to the State arsenal. 4889. Kept in good order. Every non-commissioned officer and Arms and accou- private belonging to any company equipped with public arms shall keptln^od^rder. keep and preserve his arms and accouterments in good order and in a soldier-like manner; and for every neglect to do so may be punished by court-martial. 2 18 REGULATIONS FOR THE N. C. NATIONAL GUARD. Duplicate receipts for arms. Governor to dis¬ tribute arms. Adjutant general to issue orders. Arms on hand to be sent. North Carolina national guard. Limit on number. Enlistments. 4890. Receipts taken for, when distributed. Every officer of the militia receiving any public arms shall give a duplicate receipt for the same to the party from whom he receives such arms. Upon distribution of any arms to any of the militia, either active or inactive, receipts shall be taken from each person receiving the same, which receipts should be entered in a bound book, which shall at all times be open to the inspection and examination of all officers of the militia. 4891. Governor to send out, in case of insurrection. In case of insurrection or invasion, or a probability thereof, the Governor is authorized to distribute the public arms and send them to such places as he may deem necessary and expedient, and to draw war¬ rants on the Treasurer of the State for the sums necessary for that purpose. 4892. When arms loaned to military schools. The said arms shall be kept in the arsenal at Raleigh, and upon the application of the principal of any military school setting forth the number of students and the number of arms required, and giving the bond as now required by law, it shall be the duty of the Adjutant General, under the direction of the Governor, to issue the number so re¬ quired, and take the receipt from the principal, which shall be filed as similar receipts are now filed. 4893. Failure of Adjutant General to draw arms. Should the Adjutant General, under the direction of the Governor, fail to draw the arms specified, then it shall be the* Governor’s duty, upon appli¬ cation as aforesaid, to issue to said principal any arms which may be in the said arsenal. VII. Active. 4894. How designated. The active militia shall be known and designated as the North Carolina National Guard. 4895. Number limited. The National Guard of North Carolina shall not in time of peace consist of more than five thousand officers and enlisted men. No new company of infantry shall be uniformed and equipped as long as any existing company is lacking in any part of the equipment necessary to fit them for field service. 4896. Who may enlist, and term of enlistment. Able-bodied men of good moral character, who can read and write, between the ages of eighteen and forty-five years, may enlist in the National Guard; such enlistment shall be for a period of three years and made by signing duplicate enlistment papers in such form as may be pre¬ scribed by the Adjutant General, one to be forwarded to him by the enlisting officers and one to be filed with the records of the com¬ pany in which enlistment is made. Minors between the ages of REGULATIONS FOR THE N. C. NATIONAL GUARD. 19 eighteen and twenty-one years may be enlisted with the written consent of father, only surviving parent, or legally appointed guardian. 4897. When ordered out. The National Guard shall be liable at National guard to all times to be ordered into active service. The commander in service. red f ° r chief may at any time, upon reasonable apprehension of riot, in¬ surrection or invasion, or for any other reasonable cause, order out such portion of the active militia as he may deem necessary. Articles of war to Whenever any portion of the militia shall be on duty under or pur- be enforced - suant to the order of the Governor, or other competent authority, or shall be ordered to assemble for duty in time of war, insurrec¬ tion, invasion, public danger, or to aid the civil authorities on account of any breach of the peace, tumult, riot, resistance to legal process of this State, or imminent danger thereof, or for any other cause, the Articles of War governing the Army of the United States, and the regulations prescribed for the Army of the United States, as far as such regulations are consistent with this chapter and the regulations issued thereunder, shall be enforced and regarded as a part of this chapter until said forces shall be duly relieved from such duty. As to offenses committed, when such Articles of War Powers of courts- are so enforced, courts-martial shall possess, in addition to the martial - jurisdiction and power of sentence and punishment herein vested in them, all additional jurisdiction and power of sentence and pun¬ ishment exercisable by like courts under such Articles of War or regulations or laws governing the United States Army, or the cus¬ toms and usages thereof; but no punishment under such rules and articles which will extend to the taking of life shall in any case be inflicted except in time of war, invasion, or insurrection, de¬ clared by a proclamation of the Governor to exist, and then only after approval by the Governor of the sentence inflicting such pun¬ ishment. Imprisonment other than in guard-house shall be exe¬ cuted in jails or prisons designated by the Governor for that pur¬ pose. 4898. Divided into land and naval forces. The commander in Organization, chief may organize the National Guard into such brigades, regi¬ ments, battalions, batteries, companies or unattached companies as he may think best for the public service, and may allow to be enrolled not more than six companies, to be designated as divisions, which shall constitute the Naval Brigade of North Carolina Naval brigade. National Guard. 4899. Maintenance of. There shall be allowed annually to each Allowance to commander of an infantry brigade, naval brigade, and regiment of brigadel’anTrlgi- infantry, $300, with which to defray the necessary expenses in- ments * curred in the discharge of the duties of his office. There shall be Allowance to in- allowed likewise annually to each company of the land forces and ind^valdfvisions. 20 REGULATIONS FOR THE N. C. NATIONAL GUARD. Allowance to field artillery. Allowance to band. Allowance to de¬ tachments of hospital corps. Further allowance. Itemized state¬ ments of expendi¬ tures. Proviso: location of organizations. Proviso: limit of appropriation. Advisory board. naval division in the Guard, not exceeding thirty-six companies of infantry, one signal corps company, and six divisions of naval mili¬ tia, which complies with the law and regulations governing the same, the sum of $250, and to a battery of field artillery the same sum under like restrictions, to be applied to the payment of all necessary expenses of the respective organizations; also to each regimental band $250 per annum, to be paid to the regimental adjutant under the same restrictions, and to each detachment of the hospital corps $75 per' annum under the same restrictions; also to each commander of a company, battery or division organi¬ zation $100 per annum, to be used for the care and preservation of all State and government property in his hands. An itemized statement of receipts and disbursements showing how the same has been expended shall on December first of each year be rendered to the Paymaster General. The appropriations and allowances herein provided for shall be paid in semi-annual installments, but shall not be paid unless the company, battery, band, or other organiza¬ tion indicated shall perform all the drills and parades required by law, and at the annual inspection thereof shall have paraded with at least seventy-five per cent, of its enrolled active members: Pro¬ vided, that such companies, divisions or other organizations shall be located on lines of railroad, steamboat or telegraphic communi¬ cation : And provided further, that no larger amount shall be ex¬ pended for the maintenance of the Guard than the sum of $16,000. 4900. Advisory hoard. There shall be an Advisory Board, of which the commander in chief shall be ex officio president, com¬ posed of the Adjutant General, the Commander of the First Brig¬ ade, the Quartermaster General, and the commanding officers of the three infantry regiments, which shall meet from time to time wffien ordered by the commander in chief, and which shall have jurisdic¬ tion and control over all administrative affairs of the Guard, sub¬ ject to the laws and regulations prescribed for the government of the Guard. VIII. Active—Officers. Brigadier general. 4901. Brigade officers. The commander in chief shall appoint a Brigadier General to command the National Guard of the State as now organized, and whenever it shall become necessary to organize the same into more than one brigade, the commanders of such brig- Brigade staff. ades shall be appointed by the commander in chief. The staff officers of the brigade shall be nominated by the permanent com¬ mander thereof. Commissioned and 4902. Regimental and company officers. ' There shall be to each officers nmiSS1 ° ned organization of the North Carolina National Guard the same com¬ missioned and non-commissioned officers as are prescribed for the REGULATIONS FOR THE N. C. NATIONAL GUARD. 21 United States Army, and the Governor may by general order fix the number of enlisted men. 4903. Officers to he examined. Every person accepting an office Examining board, in the National Giflard shall as early as practicable, and when ordered by the commander in chief, appear before an examining board to be appointed by the commander in chief, which board shall examine said officer as to his military and other qualifications. 4904. Regimental officers, how elected. Field officers of regiments Election of field and battalions, and of corresponding grades in the naval brigade, ° cers ‘ shall be elected by the commissioned officers of the regiments and naval brigade; and company, battery, troop, and naval division Line officers, officers shall be elected by the enlisted men of such company, bat¬ tery, troop, and naval division, at such time and place as may be fixed by the commander in chief; and such officers shall hold office until vacancies occur, either by promotion, resignation, removal, or death. The regimental staff officers shall be nominated by the per- Regimental staff, manent commander thereof. 4905. Elections to fill vacancies in line officers. The commander Elections to fill in chief shall order elections to fill all vacancies occurring among vacancies - the line officers of the National Guard. 4906. Retirement of officers. Whenever an officer of ten years’ Retirement after service and upwards makes application for retirement, he may, by en years servlce * consent of the commander in chief, be retired with the next higher grade, and all officers now on the retired list of the National Guard of this State are advanced one grade. When an officer reaches the age of sixty-four years he may be retired by the commander in chief. IX. Active—Inspection. 4907. Annual inspection. The Inspector General, or his assist- Guard to be in¬ ants, shall annually inspect all organizations in the National spected annuall y* Guard, at such times and places as the commander in chief may direct. No person shall be permitted in the ranks at the annual inspection, nor shall any officer or enlisted man be accepted or mustered, who is not uniformed, armed and equipped according to regulations. The officer making the annual inspection shall be paid Pay of officer mak- * for his services as prescribed in section four thousand eight hun- ing lnspectlon - dred and fifty-eight. 4908. Arms to he annually inspected. Whenever required by the Arms to be in¬ commander in chief, the Inspector General, or his assistants, shall ?equired When inspect the arms and equipments in the possession of any schools, persons, or associations, which have been issued by the State, and the expense of such inspection shall be paid by the State upon the approval of the Governor. 22 REGULATIONS FOR THE N. C. NATIONAL GUARD. Encampments and practice marches. Proviso: naval reserves. Proviso: disburse¬ ments for naval militia. Companies or di¬ visions disbanded. Failure to appear. Falsifying muster- rolls. Punishment. Certificate of membership. Contributing mem¬ bers. 4909. Encampments. The commander in chief may annually order into camp, or on practice marches, such portions of the National Guard as he may deem best for the service: Provided, that in place of encampments or practice marches the naval militia may perform service afloat: Provided further, that the same amount of money per capita may be disbursed annually for the naval militia as for the land forces for the purpose of encamp¬ ments, practice marches, or for service afloat. X. Active—Disbanded. 4910. When. Whenever any company or division of the National Guard for a period of ninety days is found to contain less than the minimum number of men prescribed by regulations, or upon a duly ordered inspection shall be found to have fallen below the proper standard of efficiency, the commander in chief may disband the same and grant honorable discharges to the officers and enlisted men of such company. 4911. Punishment for failure to appear. Every member of the » militia ordered out, or who volunteers or is drafted, who does not appear at the time and place designated by his commanding officer within twenty-four hours from such time, or who does not produce a sworn certificate of physical disability from a physician in good standing, to so appear, shall be taken to be a deserter, and dealt with as prescribed in the Articles of War of the United States. 4912. Falsifying muster-rolls, penalty. Any officer who know¬ ingly or willfully shall place, or cause to be placed, on any muster- roll the name of any person not regularly or lawfully enlisted, or the name of any enlisted man who is dead or who has been dis¬ charged, transferred, or has lost membership for any cause what¬ soever, or who has been convicted of any infamous crime, shall be tried by court-martial, and upon conviction be dismissed from the service. XI. Company Organization. 4913. Certificate of member ship. The commanding officer of every company shall, on the application of any officer, musician or private of his command, deliver to him a certificate stating that such person is a member of his command, and whether he is uni¬ formed, armed and equipped, and whether he has complied with all military duties. Such certificate, when dated within six months, shall be presumptive evidence of the matter therein stated, and shall exempt the holder from jury duty. 4914. Contributing members. Each company may, besides its regular and active members, enroll twenty-five contributing mem¬ bers on payment in advance by each person desiring to become such REGULATIONS FOR THE N. C. NATIONAL GUARD. 23 contributing member of not less than ten dollars per annum, which money shall be paid into the company treasury and be applied to the purchase of uniforms for the rank and file of the active mem¬ bers of the company, or to such purposes as may be authorized by such company. 4915. Certificate of contributing members. Each contributing Certificates to con- . , , ... tribu ting members. member of every legally organized company shall be entitled to receive from the commanding officer thereof a certificate of mem¬ bership, which certificate shall exempt the holder thereof from jury duty. 4916. May own personal property. Organizations of the National Organizations may Guard shall have the right to own and keep personal property, property! 0 ”* 1 which shall belong to and be under the control of the active mem¬ bers thereof; and the commanding officer of any organization may recover for its use any debts or effects belonging to it, or damages for injury to such property, action for such recovery to be brought in the name of the commanding officer thereof before any court of justice within the State, and no suit or complaint pending in his name shall be abated by his ceasing to be commanding officer of the organization; but upon motion of the commander succeeding him such commander shall be admitted to prosecute the suit or com¬ plaint in like manner and with like effect as if it had been origi¬ nally commenced by him. 4917. Companies may make rules and regulations. Each company Rules and regula- or division of the National Guard shall have power to prescribe co°mpanfe S s ribed by such rules and regulations for its government as they may think proper, and fix such fines for absence from parades and drills as may be reasonable and not inconsistent with the laws relating to the National Guard and the regulations prescribed therefor by the commander in chief. A copy of such constitution and by-laws shall be filed in the Adjutant General’s office. XII. Active—Naval. 4918. Performs same duty as land forces. The naval militia Organization of shall be organized on the basis provided in section four thousand naval miIltia ' eight hundred and ninety-eight of this chapter. Officers and en¬ listed men of the naval militia may be required to perform the same duty in each year as the land forces, except that duty, in whole or in part, may in the discretion of the commander in chief be performed afloat. 4919. System of discipline. The system of discipline shall con- System of dis- form generally to that of the Navy of the United States and as clplme * closely to that of the land forces of this State as the difference in the two services will allow. 24 REGULATIONS FOR THE N. C. NATIONAL GUARD. Naval brigade. Battalion officers. Division officers. Battalion staff. Relative rank. National officers detailed as in¬ structors. Inactive militia may be ordered out. 4920. May be organized into a brigade. The naval divisions may be, by order of the commander in chief, organized into a brigade of not less than two battalions. The commander in chief shall appoint a commander of such brigade, who shall nominate his own staff. 4921. How officered and organized. A battalion of two or more divisions shall be commanded by a commander, with a lieutenant commander as executive officer, and a lieutenant as navigator and ordnance officer. These latter shall be in the order named next in rank and in succession to the commander. Each division shall be commanded by a lieutenant, with one lieutenant junior grade, one ensign, and thirty-six petty officers and enlisted men as a minimum, and seventy-five petty officers and enlisted men as a maximum. To each division there may be also added eight others who shall have practical knowledge of electricity or of the management of steam machinery. 4922. Battalion commander to appoint staff. The commanding officer of the battalion as now organized shall have power to nomi¬ nate a staff to consist of a surgeon, paymaster and a chaplain, each with the rank of lieutenant, and an adjutant with the rank of lieu¬ tenant junior grade, and the following petty officers: One master- at-arms, one chief boatswain’s mate, one chief gunner’s mate, one yeoman, one apothecary, one chief bugler. The commander in chief shall have the powder to authorize additional officers when necessary. 4923. Naval rank. The rank of officers in the naval forces is “naval rank” and corresponds to rank in the land forces as fol¬ lows : captain with colonel; commander with lieutenant colonel; lieutenant commander with major; lieutenant with captain; lieu¬ tenant junior grade with first lieutenant; ensign with second lieu¬ tenant; petty officers with non-commissioned officers, and enlisted men with privates. 4924. Governor may apply for instructors. The Governor is authorized to apply to the President of the United States for the detail of commissioned and petty officers of the Navy to act as inspectors and instructors. XIII. Inactive. 4925. May be ordered out. The commander in chief may at any time, in order to execute the law, suppress riots or insurrection, or repel invasion, in addition to the active militia, order out the whole or any part of the inactive militia. When the militia of this State or a part thereof is called forth under the Constitution and laws of the United States, the Governor shall order out for service REGULATIONS FOB THE N. C. NATIONAL GUARD. 25 the active militia, or such part thereof as may be necessary, and if the number available be insufficient, he shall order out such part of the reserve militia as he may deem necessary. During the ab¬ sence of organizations of the National Guard in the service of the United States their State designations shall not be given to new organizations. 4926. How ordered out. The commander in chief shall, when Number ordered ordering out the inactive militia, designate the number ordered out. nated. be desiff ' He may order them out either by calling for volunteers or by draft. He may attach them to the several organizations of the active militia or organize them into separate brigades, regiments, bat¬ talions or companies, as may be best for the service. 4927. How drafted. If the inactive militia is ordered out by Draft, draft, the commander in chief shall designate the persons in each county to make the draft, and prescribe rules and regulations for conducting the same. 4928. Roll of inactive militia. The Register of Deeds of each Rolls of inactive county shall, on the first Monday in October of the year one thou- miIltia to be made - sand nine hundred and six, and quadrennially thereafter, make out from the tax list of his county an alphabetical list of all able- bodied male persons between the ages of twenty-one and forty years, resident in his county and who are not enrolled in the active militia, and shall forward the same on or before the fifteenth of Rolls forwarded to the month to the Adjutant General. The whites and negroes shall Separate enroll- 1, be enrolled separately, and shall be designated. These rolls shall ment * constitute the rolls of the inactive militia. For this service the Register of Deeds shall receive one cent for every ten names, to be paid by the county. The rolls so made up shall be used in making all drafts from the inactive militia. 4929. Subject to same regulations as active. Whenever any part Subject to reg-uia- of the inactive militia is ordered out, it shall be governed by the tlons and penalties - same rules and regulations and subject to the same penalties as the active militia. General Provisions. 4930. Pay and care when injured or disabled in service. An Pay and care when active member of the National Guard who shall, when on duty or fn^vieef injured assembled therefor, in case of riot, tumult, breach of the peace, insurrection, or invasion, or whenever ordered by the Governor, commanding officer of the National Guard, or called in aid of the civil authorities, receive any injury, or incur or contract any dis¬ ability or disease, by reason of such duty or assembly therefor, or w;ho shall without fault or neglect on his part be wounded or dis¬ abled while performing any lawfully ordered duty, which shall tem¬ porarily incapacitate him from pursuing his usual business or occu- 26 REGULATIONS FOR THE N. C. NATIONAL GUARD. pation, shall, during the period of such incapacity, receive the actual necessary expenses for care and medical attendance, to be paid out of the State Treasury, from funds not otherwise appro¬ priated. Trespassers and 4931. Trespassers and disturbers to be placed in arrest; liquors puUn^rrest. 136 an ^ huckster sales prohibited. The commanding officer upon any occasion of duty may place in arrest during the continuance thereof any person who shall trespass upon the camp-ground, parade ground, armory, or other place devoted to such duty, or shall in % any way or manner interrupt or molest the orderly discharge of duty by those under arms, or shall disturb or prevent the passage Sale of liquor and of troops going to or returning from any duty. He may prohibit bidde S n. er SaleS f ° r " an d prevent the sale or use of all spirituous liquors, wine, ale, or beer, the holding of huckster or auction sales, and all gambling within the limits of the post, camp-giymnd, place of encampment, parade or drill under his command, or within such limits not ex¬ ceeding one mile therefrom as he may prescribe. And he may in his discretion abate as common nuisances all such sales. Sec. 2. All laws and clauses of laws in conflict with the pro¬ visions of this act are hereby repealed. Sec. 3. This act shall be in force and effect from and after its ratification. In the General Assembly read three times, and ratified this the 11th day of March, A. D. 1907. REGULATIONS FOE, THE N. C. NATIONAL GUARD. 27 ARTICLE L ARTICLES OF WAR. 1. The Articles of War of the United States apply to the militia by virtue of Par. 16, Sec. 8, Art. I, of the Constitution of the United States. Inasmuch as many of these articles are, from their universality, deficient in direct application to the militia in State service, those articles which clearly apply thereto will be followed, and those which have been made applicable by North Carolina statutes or orders will be followed as modified. Section 1342, U. S. Revised Statutes. The armies of the United States shall be governed by the following rules and articles. The word officer, as used therein, shall be understood to designate com¬ missioned officers; the word soldier shall be understood to include non-commissioned officers, musicians, artificers, privates, and other enlisted men, and the convictions mentioned therein shall be under¬ stood to be convictions by court-martial. Article 1. Every officer now in the army of the United States shall, within six months from the passing of this act, and every officer hereafter appointed shall, before he enters upon the duties of his office, subscribe these rules and articles. Art. 2. These rules and articles shall be read to every enlisted man at the time of or within six days after his enlistment, and he shall thereupon take the oath or affirmation in the following form: “I, A. B., do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America; that I will serve them honestly and faithfully against all their enemies whomsoever, and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to the rules and Articles of War.” This oath may be taken before any commissioned officer of the Army. Art. 3. Every officer who knowingly enlists or musters into the military service any minor over the age of 16 years without the written consent of his parents or guardian, or any minor under the age of 16 years, or any insane or intoxicated person, or any deserter from the military or naval service of the United States, or any person who has been convicted of any infamous criminal offense, shall, upon conviction, be dismissed from the service, or suffer such other punishment as a court-martial may direct. Art. 4. No enlisted man, duly sworn, shall be discharged from the service without a discharge in writing, signed by a field officer of the regiment to which he belongs, or by the commanding officer when no field officer is present; and no discharge shall be given Officers shall subscribe these articles. Articles to be read to recruits. Officers making unlawful enlist¬ ments. Discharges. 28 REGULATIONS FOR THE N. C. NATIONAL GUARD. Mustering persons not soldiers. Taking money on mustering. Returns of regiments, etc. False returns. Captured stores. Accountability for arms, etc. Furloughs. to an enlisted man before his term of service has expired, ex¬ cept by order of the President, the Secretary of War, the com¬ manding officer of a department, or by sentence of a general court- martial. Art. 5. Any officer who knowingly musters as a soldier a per¬ son who is not a soldier shall be deemed guilty of knowingly mak¬ ing a false muster, and punished accordingly. Art. 6. Any officer who takes money, or other thing, by way of gratification, on mustering any regiment, troop, battery, or com¬ pany, or on signing muster rolls, shall be dismissed from the service, and shall thereby be disabled to hold any office or employ¬ ment in the service of the United States. Art. 7. Every officer commanding a regiment, an independent troop, battery, or company, or a garrison, shall, in the beginning of every month, transmit through the proper channels to the De¬ partment of War an exact return of the same, specifying the names of the officers then absent from their posts, with the reasons for and the time of their absence. And any officer who, through neg¬ lect or design, omits to send such returns, shall, on conviction thereof, be punished as a court-martial may direct. Art. 8. Every officer who knowingly makes a false return to the Department of War, or to any of his superior officers author¬ ized to call for such returns, of the state of the regiment, troop or company, or garrison under his command; or of the arms, am¬ munition, clothing, or other stores thereunto belonging, shall, on conviction thereof before a court-martial, be cashiered. Art. 9. All public stores taken from the enemy shall be secured for the service of the United States; and for neglect thereof the commanding officer shall be answerable. Art. 10. Every officer commanding a troop, battery, or com¬ pany, is charged with the arms, accouterments, ammunition, cloth¬ ing, or other military stores belonging to his command, and is accountable to his colonel in case of their being lost, spoiled, or damaged otherwise than by an unavoidable accident, or in actual service. Art. 11. Every officer commanding a regiment or an independ¬ ent troop, battery, or company, not in the field, may, when actually quartered with such command, grant furloughs to the enlisted men, in such numbers and for such time as he shall deem consist¬ ent with the good of the service. Every officer commanding a regi¬ ment, or an independent troop, battery, or company, in the field, may grant furloughs not exceeding thirty days at one time to five per centum of the enlisted men, for good conduct in the line of duty, but subject to the approval of the commander of the REGULATIONS FOR THE N. C. NATIONAL GUARD. 29 forces of which said enlisted men form a part. Every company officer of a regiment, commanding any troop, battery, or company not in the field, or commanding in any garrison, fort, post, or bar¬ rack, may, in the absence of his field officer, grant furloughs to the enlisted men, for a time not exceeding twenty days in six months, and not to more than two persons to be absent at the same time. Art. 12. At every muster of a regiment, troop, battery, or com- Musters, pany, the commanding officer thereof shall give to the mustering officer certificates, signed by himself, stating how long absent offi¬ cers have been absent and the reasons of their absence. And the commanding officer of every troop, battery, or company shall give like certificates, stating how long absent non-commissioned officers and private soldiers have been absent and the reasons of their absence. Such reasons and time of absence shall be inserted in the muster rolls opposite the names of the respective absent officers and soldiers, and the certificates, together with the muster rolls, shall be transmitted by the mustering officer to the Depart¬ ment of War, as speedily as the distance of the place of muster will admit. Art. 13. Every officer who signs a false certificate, relating to False certificates, the absence or pay of an officer or soldier, shall be dismissed from the service. Art. 14. Any officer who knowingly makes a false muster of False muster, man or horse, or who signs, or directs, or allows the signing of any muster roll, knowing the same to contain a false muster, shall, upon proof thereof by two witnesses, before a court-martial, be dismissed from the service, and shall thereby be disabled to hold any office or employment in the service of the United States. Art. 15. Any officer who, willfully or through neglect, suffers Allowing military to be lost, spoiled, or damaged, any military stores belonging to s to be dam " the United States, shall make good the loss or damage, and be dis¬ missed from the service. Art. 16. Any enlisted man who sells, or willfully or through Wasting ammuni- neglect, wastes the ammunition delivered out to him, shall be pun- lon ' ished as a court-martial may direct. Art. 17. Any soldier who sells, or through neglect loses or Offense of selling spoils his horse, arms, clothing, or accouterments, shall be pun- orse ’ arms ’ e c ‘ ished as a court-martial may adjudge, subject to such limitation as may be prescribed by the President by virtue of the power vested in him. (Act of July 27, 1892). Art. 18. Any officer commanding in any garrison, fort, or bar- Commanders not racks of the United States who, for his private advantage, lays t0 graft on stores * any duty or imposition upon, or is interested in, the sale of any 30 REGULATIONS FOR THE N. C. NATIONAL GUARD. Disrespect to president et al. Disrespect to com¬ manding officer. Striking superior officer. Mutiny. Failing to resist mutiny. Quarrels and frays. Reproachful or provoking speeches. victuals, liquors, or other necessities of life brought into such gar¬ rison, fort, or barracks, for the use of the soldiers, shall be dis¬ missed from the service. Art. 19. Any officer who uses contemptuous or disrespectful words against the President, Vice-President, the Congress of the United States, or the chief magistrate or Legislature of any of the United States in which he is quartered, shall be dismissed from the service, or otherwise punished, as a court-martial may direct. Any soldier who so offends shall be punished as a court- martial may direct. Art. 20. Any officer or soldier who behaves himself with dis¬ respect towards his commanding officer shall be punished as a court-martial may direct. Art. 21. Any officer or soldier who, on any pretense whatsoever, strikes his superior officer, or draws or lifts up any weapon, or offers any violence against him, being in the execution of his office, or disobeys any lawful command of his superior officer, shall suffer death, or such other punishment as a court-martial may direct. Art. 22. Any officer or soldier who begins, excites, causes, or joins in any mutiny, or sedition, in any troop, battery, company, party, post, detachment, or guard, shall suffer death, or such other punishment as a court-martial may direct. Art. 23. Any officer or soldier who, being present at any mutiny or sedition, does not use his utmost endeavor to suppress the same, or, having knowledge of any intended mutiny or sedition, does not, without delay, give information thereof to his commanding officer, shall suffer death, or such other punishment as a court-martial may direct. Art. 24. All officers, of what condition soever, have power to part and quell all quarrels, frays, and disorders, whether among persons belonging to his own or to another corps, regiment, troop, battery, or company, and to order officers into arrest, and non¬ commissioned officers and soldiers into confinement, who take part in the same, until their proper superior officer is acquainted therewith. And whosoever, being so ordered, refuses to obey such officer or non-commissioned officer, or draws a weapon upon him, shall be punished as a court-martial may direct. Art. 25. No officer or soldier shall use any reproachful or pro¬ voking speeches or gestures to another. Any officer who so offends shall be put in arrest. Any soldier who so offends shall be confined, and required to ask pardon of the party offended, in the presence of his commanding officer. REGULATIONS FOR THE N. C. NATIONAL GUARD. 31 Art. 26. No officer or soldier shall send a challenge to another Challenges to fight officer or soldier to fight a duel, or accept a challenge so sent. Any officer who so offends shall be dismissed from the service. Any soldier who so offends shall suffer such punishment as a court- martial may direct. Art. 27. Any officer or non-commissioned officer, commanding Permitting duels, a guard, who, knowingly and willingly, suffers any person to go forth to fight a duel, shall be punished as a challenger; and all seconds or promoters of duels, and carriers of challenges to fight duels, shall be deemed principals, and punished accordingly. It shall be the duty of any officer commanding an army, regiment, troop, battery, company, post, or detachment, who knows or has reason to believe that a challenge has been given or accepted by any officer or enlisted man under his command, immediately to arrest the offender and bring him to trial. Art. 28. Any officer or soldier who upbraids another officer or Upbraiding soldier for refusing a challenge shall himself be punished as a fng t chaiienge! fuS " challenger; and all officers and soldiers are hereby discharged from any disgrace or opinion of disadvantage which might arise from their having refused to accept challenges, as they will only have acted in obedience to the law, and have done their duty as good soldiers, who subject themselves to discipline. Art. 29. Any officer who thinks himself wronged by the com- Wrongs to officers; redress of manding officer of his regiment, and, upon due application to such commander, is refused redress, may complain to the general com¬ manding in the State or Territory where such regiment is sta tioned. The general shall examine into said complaint and take proper measures for redressing the wrong complained of; and he shall, as soon as possible, transmit to the Department of War a true statement of such complaint, with the proceedings had thereon. Art. 30. Any soldier who thinks himself wronged by any officer Wrong to soldiers; may complain to the commanding officer of his regiment, who redress of - shall summon a regimental court-martial for the doing of justice to the complainant. Either party may appeal from such regi¬ mental court-martial to a general court-martial; but if, upon such second hearing, the appeal appears to be groundless and vexatious, the party appealing shall be punished at the discretion of said general court-martial. Art. 31. Any officer or soldier who lies out of his quarters, Lying out of garrison, or camp, without leave from his superior officer, shall be quarters - punished as a court-martial may direct. 32 REGULATIONS FOR THE N. C. NATIONAL GUARD. Soldiers absent without leave. Absence from drill without leave. One mile from camp without leave. Failing to retire at retreat. Hiring duty. Conniving at hiring duty. Drunk on duty. Sentinel sleeping on post. Quitting guard, etc., without leave. False alarms. Misbehavior before the enemy, cowar¬ dice, etc. Art. 32. Any soldier who absents himself from his troop, bat¬ tery, company, or detachment, without leave from his command¬ ing officer, shall be punished as a court-martial may direct. Art. 33. Any officer or soldier who fails, except when prevented by sickness or other necessity, to repair, at the fixed time, to the place of parade, exercise, or other rendezvous appointed by his commanding officer, or goes from the same, without leave from his commanding officer, before he is dismissed or relieved, shall be punished as a court-martial may direct. Art. 34. Any soldier who is found one mile from camp, with¬ out leave in writing from his commanding officer, shall be pun¬ ished as a court-martial may direct. Art. 35. Any soldier who fails to retire to his quarters or tent at the beating of retreat shall be punished according to the nature of his offense. Art. 36. No soldier belonging to any regiment, troop, battery, or company shall hire another to do his duty for him, or be ex¬ cused from duty, except in cases of sickness, disability, or leave of absence. Every such soldier found guilty of hiring his duty, and the person so hired to do another’s duty, shall be punished as a court-martial may direct. Art. 37. Every non-commissioned officer who connives at such hiring of duty shall be reduced. Every officer who knows and allows such practices shall be punished as a court-martial may direct. Art. 38. Any officer who is found drunk on his guard, party, or other duty shall be dismissed from the service. Any soldier who so offends shall suffer such punishment as a court-martial may direct. No court-martial shall sentence any soldier to be branded, marked, or tattooed. Art. 39. Any sentinel who is found sleeping upon his post, or who leaves it before he is regularly relieved, shall suffer death, or such other punishment as a court-martial may direct. Art. 40. Any officer or soldier who quits his guard, platoon, or division without leave from his superior officer, except in a case of urgent necessity, shall be punished as a court-martial may direct. Art. 41. Any officer who, by any means whatsoever, occasions false alarms in camp, garrison, or quarters shall suffer death, or such other punishment as a court-martial may direct. Art. 42. Any officer or soldier who misbehaves himself before the enemy, runs away, or shamefully abandons any fort, post, or guard, which he is commanded to defend, or speaks words indue- REGULATIONS FOR THE N. C. NATIONAL GUARD. 33 ing others to do the like, or casts away his arms or ammunition, or quits his post or colors to plunder or pillage, shall suffer death, or such other punishment as a court-martial may direct. Art. 43. If any commander of any garrison, fortress, or post is Compelling a sur- compelled, by the officers and soldiers under his command, to give ren er ’ up to the enemy or to abandon it, the officers or soldiers so offending shall suffer death, or such other punishment as a court- martial may direct. Art. 44. Any person belonging to the armies of the United Disclosing watch- States who makes known the watchword to any person not enti- wor tied to receive it, according to the rules and discipline of war, or presumes to give a parole or watchword different from that which he received, shall suffer death, or such other punishment as a court-martial may direct. Art. 45. Whosoever relieves the enemy wdth money, victuals, or Relieving the ammunitions, or knowingly harbors or protects an enemy, shall enemy> suffer death, or such other punishment as a court-martial may direct. Art. 46. Whosoever holds correspondence with, or gives intel- Corresponding with the enemy. ligence to, the enemy, either directly or indirectly, shall suffer death, or such other punishment as a court-martial may direct. Art. 47. Any officer or soldier who, having received pay, or Desertion, having been duly enlisted in the service of the United States, deserts the same, shall, in time of war, suffer death, or such other punishment as a court-martial may direct; and in time of peace, any punishment, excepting death, which a court-martial may direct. Art. 48. Every soldier who deserts the service of the United Deserters shall States shall be liable to serve for such period as shall, with the serve u erm ' time he may have served previous to his desertion, amount to the full term of his enlistment; and such soldier shall be tried by a court-martial and punished, although the term of his enlistment may have elapsed previous to his being apprehended and tried. Art. 49. Any officer who, having tendered his resignation, quits Tender of resigna- . . , , ... , . ^ , . tion no relief from his post or proper duties, without leave, and with intent to remain duties, permanently absent therefrom, prior to due notice of *the accept¬ ance of the same, shall be deemed and punished as a deserter. Art. 50. No non-commissioned officer or soldier shall enlist him- Enlisting in other . ,. ... ... , regiments without self m any other regiment, troop, or company, without a regu- discharge, lar discharge from the regiment, troop, or company in which he last served, on a penalty of being reputed a deserter, and suffering accordingly. And in case any officer shall knowingly receive and entertain such non-commissioned officer or soldier, or shall not, 3 34 REGULATIONS FOR THE N. C. NATIONAL GUARD. Advising to desert. Misconduct at divine service. Swearing. Officers to keep good order in their commands. Waste or destruc¬ tion of property without orders. after bis being discovered to be a deserter, immediately confine him and give notice thereof to the corps in which he last served, the said officer shall, by court-martial, be cashiered. Akt. 51. Any officer or soldier who advises or persuades any other officer or soldier to desert the service of the United States, shall, in time of war, suffer death, or such other punishment as a court-martial may direct; and in time of peace, any punishment, excepting death, which a court-martial may direct. Art. 52. It is earnestly recommended to all officers and soldiers diligently to attend divine service. Any officer who behaves inde¬ cently or irreverently at any place of divine worship shall be brought before a general court-martial, there to be publicly and severely reprimanded by the president thereof. Any soldier who so offends shall, for his first offense, forfeit one-sixth of a dollar; for each further offense he shall forfeit a like sum, and shall be confined twenty-four hours. The money so forfeited shall be de¬ ducted from his next pay, and shall be applied, by the captain or senior officer of his troop, battery, or company, to the use of the sick soldiers of the same. Art. 53. Any officer who uses any profane oath or execration shall, for each offense, forfeit and pay one dollar. Any soldier who so offends shall incur the penalties provided in the preceding article; and all moneys forfeited for such offenses shall be applied as therein provided. Art. 54. Every officer commanding in quarters, garrison, or on the march, shall keep good order, and, to the utmost of his power, redress all abuses or disorders which may be committed by any officer or soldier under his command; and if, upon complaint made to him of officers or soldiers beating or otherwise ill-treating any person, disturbing fairs or markets, or committing any kind of riot, to the disquieting of the citizens of the United States, he refuses or omits to see justice done to the offender, and reparation made to the party injured, so far as part of the offender’s pay shall go toward such reparation, he shall be dismissed from the service, or otherwise punished as a court-martial may direct. Art. 55. All officers and soldiers are to behave themselves orderly in quarters and on the march; and whoever commits any waste or spoil, either in walks or trees, parks, warrens, fish ponds, houses, gardens, grain fields, inclosures, or meadows, or mali¬ ciously destroys- any property whatsoever belonging to inhabitants of the United States (unless by order of a general officer com¬ manding a separate army in the field) shall, besides such penalties as he may be liable to by law, be punished as a court-martial may direct. REGULATIONS FOR THE N. C. NATIONAL GUARD. 35 Art. 56. Any officer or soldier who does violence to any person bringing provisions or other necessaries to the camp, garrison, or quarters of the forces of the United States in foreign parts, shall suffer death, or such other punishment as a court-martial may direct. Art. 57. Whosoever, belonging to the armies of the United States in foreign parts, or at any place within the United States or their Territories during rebellion against the supreme authority of the United States, forces a safeguard, shall suffer death. Art. 58. In time.of war, insurrection, or rebellion, larceny, rob¬ bery, burglary, arson, mayhem, manslaughter, murder, assault and battery with an intent to kill, wounding, by shooting or stab¬ bing, with an intent to commit murder, rape, or assault and bat¬ tery with an intent to commit rape, shall be punishable by the sentence of a general court-martial, when committed by persons in the military service of the United States, and the punishment in any such case shall not be less than the punishment provided for the like offense by the laws of the State, Territory, or district in which such offense may have been committed. Art. 59. When any officer or soldier is accused of a capital crime, or of any offense against the person or property of any citizen of any of the United States, which is punishable by the laws of the land, the commanding officer, and the officers of the regiment, troop, battery, company, or detachment, to which the person so accused belongs, are required, except in time of war, upon application duly made by or in behalf of the party injured, to use their utmost endeavors to deliver him over to the civil magistrate, and to aid the officers of justice in apprehending and securing him, in order to bring him to trial. If, upon such appli¬ cation, any officer refuses or willfully neglects, except in time of war, to deliver over such accused person to the civil magistrates, or to aid the officers of justice in apprehending him, he shall be dismissed from the service. Art. 60. {a) Any person in the military service of the United States who makes or causes to be made any claim against the United States, or any officer thereof, knowing such claim to be false or fraudulent; or (6) Who presents or causes to be presented to any person in the. civil or military service thereof, for approval or payment, any claim against the United States or any officer thereof, knowing such claim to be false or fraudulent; or (c) Who enters into any agreement or conspiracy to defraud the United States by obtaining, or aiding others to obtain, the allowance or payment of any false or fraudulent claim; or Violence to persons bringing pro¬ visions. Forcing a safe¬ guard. Certain crimes during rebellion. Delivery of offend¬ ers in military ser¬ vice to civil magis¬ trate. Certain crimes of fraud against the United States. Making false claim. Presenting false claim. Agreement to ob¬ tain payment of false claim. 36 REGULATIONS FOR THE N. C. NATIONAL GUARD. False paper. Perjury. Forgery. Delivering less property than receipt calls for. Giving reoeipts without knowing truth of. Stealing, wrong¬ fully selling, etc. Buying public military property. ( d) Who, for the purpose of obtaining, or aiding others to ob¬ tain, the approval, allowance, or payment of any claim against the United States or against any officer thereof, makes or uses, or procures or advises the making or use of, any writing, or other paper, knowing the same to contain any false or fraudulent state¬ ment ; or (e) Who, for the purpose of obtaining, or aiding others to obtain, the approval, allowance, or payment of any claim against the United States or any officer thereof, makes, or procures or advises the making of, any oath to any fact, or to any writing or other paper, knowing such oath to be false; or (f) Who, for the purpose of obtaining, or aiding others to obtain, the approval, allowance, or payment of any claim against the United States or any officer thereof, forges or counterfeits, or procures or advises the forging or counterfeiting of, any signature upon any writing or other paper, or uses, or procures or advises the use of any such signature, knowing the same to be forged or counterfeited; or ( g ) Who, having charge, possession, custody, or control of any money or other property of the United States, furnished or in¬ tended for the military service thereof, knowingly delivers, or causes to be delivered, to any person having authority to receive the same, any amount thereof less than that for which he receives a certificate or receipt; or ( h ) Who, being authorized to make or deliver any paper certify¬ ing the receipt of any property of the United States, furnished or intended for the military service thereof, makes or delivers to any person, such writing, without having full knowledge of the truth of the statements therein contained, and with intent to defraud the United States; or (i) Who steals, embezzles, knowingly and willfully misappro¬ priates, applies to his own use or benefit, or wrongfully or know¬ ingly sells or disposes of any ordnance, arms, equipments, ammuni¬ tion, clothing, subsistence stores, money, or other property of the United States, furnished or intended for the military service thereof; or (j) Who knowingly purchases, or receives in pledge for any obligation or indebtedness, from any soldier, officer, or other per¬ son w T ho is a part of or employed in said forces or service, any ordnance, arms, equipments, ammunition, clothing, subsistence stores, or other property of the United States, such soldier, officer, or other person not having lawful right to sell or pledge the same, shall, on conviction thereof, be punished by fine or imprison¬ ment or by such other punishment as a court-martial may adjudge, REGULATIONS FOR THE N. C. NATIONAL GUARD. 37 or by any or all of said penalties. And if any person, being guilty of any of the offenses aforesaid, while in the military service of the United States, receives his discharge, or is dismissed from the service, he shall continue to be liable to be arrested and held for trial and sentence by a court-martial, in the same manner and to the same extent as if he had not received such discharge nor been dismissed. (Act of March 2, 1901). (31 Stat. L., 951). Art. 61. Any officer who is convicted of conduct unbecoming an officer and a gentleman shall be dismissed from the service. . Art. 62. All crimes not capital, and all disorders and neglects, which officers and soldiers may be guilty of, to the prejudice of good order and military discipline, though not mentioned in the foregoing Articles of War, are to be taken cognizance of by a gen¬ eral, or regimental, garrison, or field officers’ court-martial, accord¬ ing to the nature and degree of the offense, and punished at the discretion of such court. Art. 63. All retainers to the camp, and all persons serving with the armies of the United States in the field, though not enlisted soldiers, are to be subject to orders, according to the rules and discipline of war. Art. 64. The officers and soldiers of any troops, whether militia or others, mustered and in pay’of the United States, shall, at all times and in all places, be governed by the Articles of War, and shall be subject to be tried by courts-martial. Art. 65. Officers charged with crime shall be arrested and con¬ fined in their barracks, quarters, or tents, and deprived of their swords by the commanding officer. And any officer who leaves his confinement before he is set at liberty by his commanding officer shall be dismissed from the service. Art. 66. Soldiers charged with crimes shall be confined until tried by court-martial, or released by proper authority. Art. 67. No provost-marshal, or officer commanding a guard, shall refuse to receive or keep any prisoner committed to his charge by an officer belonging to the forces of the United States; provided the officer committing shall, at the same time, deliver an account in writing, signed by himself, of the crime charged against the prisoner. Art. 68. Every officer to whose charge a prisoner is committed shall, within twenty-four hours after such commitment, or as soon as he is relieved from his guard, report in writing, to the com¬ manding officer, the name of such prisoner, the crime charged against him, and the name of the officer committing him; and, if he fails to make such report, he shall be punished as a court- martial may direct. Conduct unbecom¬ ing- an officer and gentleman. Crimes and dis¬ orders to prejudice of military dis¬ cipline. Civilian employees, retainers. Jurisdiction of articles of war. Arrest of officers accused of crimes. Soldiers accused of crimes. Receiving prison¬ ers. Report of prison¬ ers. 38 REGULATIONS FOR THE N. C. NATIONAL GUARD. Releasing prisoners without authority; escapes. Duration of con¬ finement. Copy of charges and time of trial. Who may appoint general courts- martial. Who may appoint general courts- martial in times of war. J udge-advocates. Composition of general courts- martial. When requisite number not at post. Art. 69. Any officer who presumes, without proper authority, to release any prisoner committed to his charge, or suffers any prisoner so committed to escape, shall be punished as a court- martial may direct. Art. 70. No officer or soldier put in arrest shall be continued in confinement more than eight days, or until such time as a court- martial can be assembled. Art. 71. When an officer is put in arrest for the purpose of trial, except at remote military posts or stations, the officer by whose order he is arrested shall see that a copy of the charges on which, he is to be tried is served upon him within eight days after his arrest, and that he is brought to trial within ten days thereafter, unless the necessities of the service prevent such trial; and then he shall be brought to trial within thirty days after the expiration of said ten days. If a copy of the charges be not served, or the arrested officer be not brought to trial, as herein required, the arrest shall cease. But officers released from arrest, under the provisions of this article, may be tried, whenever the exigencies of the service shall permit, within twelve months after such re¬ lease from arrest. Art. 72. Any general officer commanding an army, a territorial division or a department, or colonel commanding a separate de¬ partment may appoint general courts-martial whenever necessary. But when any such commander is the accuser or prosecutor of any officer under his command the court shall be appointed by the President; and its proceedings and sentence shall be sent directly to the Secretary of War, by whom they shall be laid before the President, for his approval or orders in the case. (Act of July o, 1884). Art. 73. In time of war the commander of a division, or of a separate brigade of troops, shall be competent to appoint a general court-martial. But when such commander is the accuser or prose¬ cutor of any person under his command, the court shall be ap¬ pointed by the next higher commander. Art. 74. Officers who may appoint a court-martial shall be com¬ petent to appoint a judge-advocate for the same. Art. 75. General courts-martial may consist of any number of officers from five to thirteen, inclusive; but they shall not consist of less than thirteen when that number can be convened without manifest injury to the service. Art. 76. When the requisite number of officers to form a gen¬ eral court-martial is not present in any post or detachment, the commanding officer shall, in cases which require the cognizance of such a court, report to the commanding officer of the department, REGULATIONS FOB THE N. C. NATIONAL GUARD. 39 wlio shall thereupon order a court to be assembled at the nearest post or department at which there may be such a requisite number of officers, and shall order the party accused, with the necessary witnesses, to be transported to the place w r here the said court shall be assembled. Art. 77. Officers of the Regular Army shall not be competent Regular officers; on to sit on courts-martial to try the officers or soldiers of other courts may forces, except as provided in Article 78. Art. 78. Officers of the Marine Corps, detached for service with Marine and regular the Army by order of the President, may be associated with offi- ciated°on C courts SO " cers of the Regular Army on courts-martial for the trial of offend¬ ers belonging to the Regular Army, or to forces of the Marine Corps so detached; and in such cases the orders of the senior offi¬ cer of either corps who may be present and duly authorized shall be obeyed. Art. 79. Officers shall be tried only by general courts-martial; Officers triable by and no officer shall, when it can be avoided, be tried by officers generalcourtsonly - inferior to him in rank. Art. 80. The commanding officer of each garrison, fort, or other Summary courts, place, regiment or corps, detached battalion or company, or other detachment in the Army, shall have power to appoint for such place or command, or in his discretion for each battalion thereof, a sum¬ mary court to consist of one officer to be designated by him, before whom enlisted men who are to be tried for offenses, such as were prior to the passage of the act “to promote the administration of justice in the Army,” approved October first, eighteen hundred and ninety, cognizable by garrison- or regimental courts-martial, and offenses cognizable by field officers detailed to try offenders under the provisions of the eightieth and one hundred and tenth articles of war, shall be brought to trial within twenty-four hours of the time of the arrest, or as soon thereafter as practicable, except when the accused is to be tried by general court-martial; but such summary court may be appointed and the officer desig¬ nated by superior authority when by him deemed desirable; and the officer holding the summary court shall have power to admin¬ ister oaths and to -hear and determine such cases, and when satis¬ fied of the guilt of the accused adjudge the punishment to be inflicted, which said punishment shall not exceed confinement at hard labor for one month and forfeiture of one month’s pay, and, in case of a non-commissioned officer, reduction to the ranks in addition thereto; that there shall be a summary court record kept at each military post and in the field at the headquarters of the proper command, in which shall be entered a record of all cases heard and determined and the action had thereon; and no 40 REGULATIONS FOR THE N. C. NATIONAL GUARD. Regimental courts. Garrison courts. Jurisdiction of minor courts. Oath of members of courts-martial. sentence adjudged by said summary court shall be executed until it shall have been approved by the officer appointing the court, or by the officer commanding for the time being: Provided, That when but one commissioned officer is present with a command he shall hear and finally determine such cases: And provided fur¬ ther, that no one while holding the privileges of a certificate of eligibility to promotion shall be brought before a summary court, and that non-commissioned officers shall not, if they object thereto, be brought to trial before summary courts without the authority of the officer competent to order their trial by general court- martial, but shall in such cases be brought to trial before garri¬ son, regimental, or general courts-martial, as the case may be. (Act of June 18, 1898, 30 8'tat. at Large, 1/83). Art. 81. Every officer commanding a regiment or corps shall, subject to the provisions of Article 80, be competent to appoint, for his own regiment or corps, courts-martial, consisting of three offi¬ cers, to try offenses not capital. Art. 82. Every officer commanding a garrison, fort, or other place where the troops consist of different corps, shall, subject to the provisions of Article 80, be competent to appoint, for such gar¬ rison or other place, courts-martial, consisting of three officers, to try offenses not capital. Art. 83. Regimental and garrison courts-martial and summary courts detailed under existing laws to try enlisted men shall not have power to try capital cases or commissioned officers, but shall have power to award punishment not to exceed confinement at hard labor for three months or forfeiture of three months’ pay, or both; and in addition thereto, in the case of non-commissioned officers, reduction to the ranks, and in case of first-class privates reduction to second-class privates: Provided, that a summary court shall not adjudge confinement and forfeiture in excess of a period of one month, unless the accused shall before trial consent in writing to trial by said court; but in any case of refusal to so consent the trial may be had either by general, regimental, or garrison court- martial, or by said summary court; but in case of trial by said summary court, without consent as aforesaid, the court shall not adjudge confinement or forfeiture of pay for more than one month. (Act of March 2, 1901). Art. 84. The judge-advocate shall administer to each member of the court, before they proceed upon any trial, the following oath, which shall also be taken by all members of regimental and garri¬ son courts-martial: “You, A. B., do swear that you will well and truly try and determine, according to evidence, the matter now REGULATIONS FOR THE N. C. NATIONAL GUARD. 41 before you, between the United States of America (State of North Carolina), and the prisoner to be tried, and that you will duly administer justice, without partiality, favor, or affection, accord¬ ing to the provisions of the rules and articles for the government of the armies of the United States (and the established rules of law for the government of the military forces of this State), and if any doubt should arise, not explained by said articles, then according to your conscience, the best of your understanding, and the custom of war in like cases; and you do further swear that you will not divulge the sentence of the court until it shall be published by the proper authority, except to the judge-advocate; neither will you disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof as a witness by a court of justice in a due course of law. So help me, God.” (Act of July 27, 1892, 27 Stat. at Large, 278). Art. 85. When the oath has been administered to the members Oath of judge- of a court-martial the president of the court shall administer to advocate - the judge-advocate, or person officiating as such, an oath in the following form: “You, A. B., do swear that you will not disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof as a wit¬ ness by a court of justice in due course of law; nor divulge the sentence of the court to any but the proper authority until it shall be duly disclosed by the same. So help you God.” Art. 86. The court-martial may punish, at discretion, any per- Contempt of son who uses any menacing words, signs, or gestures in its pres¬ ence, or who disturbs its proceedings by any riot or disorder. Art. 87. All members of a court-martial are to behave with Behavior of mem- decency and calmness. Art. 88. Members of a court-martial may be challenged by a Challenges by prisoner, but only for cause stated to the court. The court shall prisoner - determine the relevancy and validity thereof, and shall not receive a challenge to more than one member at a time. Art. 89. When a prisoner, arraigned before a general court- Prisoner standing martial, from obstinacy and deliberate design, stands mute, or mute * answers foreign to the purpose, the court may proceed to trial and judgment as if the prisoner had pleaded not guilty. Art. 90. The judge-advocate, or some person deputed by him Judge-advocate or by the general or officer commanding the army, detachment, ?^unseYfor and or garrison, shall prosecute in the name of the United States P risoner - (State of North Carolina), but when the prisoner has made his plea he shall so far consider himself counsel for the prisoner as to object to any leading question to any of the witnesses, and to 42 REGULATIONS FOR THE N. C. NATIONAL GUARD. Depositions. Oath of witness. Continuances. Order of voting. Death penalty. Penitentiaries. Flogging, etc. Discharge and dis¬ missal of officers. Publication of offi¬ cers cashiered for cowardice or fraud. any question to the prisoner the answer to which might tend to criminate himself. Art. 91. The depositions of witnesses residing beyond the limits of the State, Territory, or District in which any military court may be ordered to sit, if taken on reasonable notice to the opposite party and duly authenticated, may be read in evidence before such court in cases not capital. Art. 92. All persons who give evidence before a court-martial shall be examined on oath, or affirmation, in the following form: “You swear (or affirm) that the evidence you shall give, in the case now in hearing, shall be the truth, the whole truth, and noth¬ ing but the truth. So help you God.” Art. 93. A court-martial shall, for reasonable cause, grant a continuance to either party, for such time and as often as may appear to be just: Provided, that if the prisoner be in close con¬ finement the trial shall not be delayed for a period longer than sixty days. Art. 94. Repealed March 2, 1901. Art. 95. Members of a court-martial, in giving their votes, shall begin with the youngest in commission. Art. 96. No person shall be sentenced to suffer death, except by the concurrence of two-thirds of the members of a general court-martial, and in the cases herein expressly mentioned. Art. 97. No person in the military service shall, under the sentence of a court-martial, be punished by confinement in a pen¬ itentiary, unless the offense of which he may be convicted would, by some statute of the United States, or by some statute of the State, Territory, or District in which such offense may be com¬ mitted, or by the common law, as the same exists in such State, Territory, or District, subject such convict to such punishment. Art. 98. No person in the military service shall be punished by flogging, or by branding, marking, or tattooing on the body. Art. 99. No officer shall be discharged or dismissed from the service, except by order of the President, or by sentence of a gen¬ eral court-martial; and in time of peace no officer shall be dis¬ missed, except in pursuance of the sentence of a court-martial, or in mitigation thereof. Art. 100. When an officer is dismissed from the service for cowardice or fraud, the sentence shall further direct that the crime, punishment, name and place of abode of the delinquent shall be published in the newspapers in and about the camp, and in the State from which the offender came, or where he usually resides; and after such publication it shall be scandalous for an officer to associate with him. REGULATION S FOR THE N. C. NATIONAL GUARD. 43 Art. 101. When a court-martial suspends an officer from com¬ mand, it may also suspend his pay and emoluments for the same time, according to the nature of his offense. Art. 102. No person shall be tried a second time for the same offense. Art. 103 (a) No person shall be liable to be tried and pun¬ ished by a general court-martial for any offense which appears to have been committed more than two years before the issuing of the order for such trial, unless, by reason of having absented himself or of some other manifest impediment, he shall not have been amenable to justice within that period. (&) No person shall be tried or punished by a court-martial for desertion in time of peace and not in the face of an enemy committed more than two years before the arraignment of such person for such offense, unless he shall meanwhile have absented himself from the United States, in which case the time of his absence shall be excluded in computing the period of the limita¬ tion : Provided , that said limitation shall not begin until the end of the term for which said person was mustered into the service. (Act of April 11, 1890, 26 Stat. at Large, 54). Art. 104. No sentence of a court-martial shall be carried into execution until the same shall have been approved by the officer ordering the court, or by the officer commanding for the time being. (Act of July 21, 1892, 27 Stat. at Large, 218). Art. 105. No sentence of a court-martial inflicting the punish¬ ment of death shall be carried into execution until it shall have been confirmed by the President, except in the cases of persons convicted, in time of war, as spies, mutineers, deserters, or mur¬ derers, and in the cases of guerilla marauders, convicted, in time of war, of robbery, burglary, arson, rape, assault with intent to commit rape, or of violation of the laws and customs of war; and in such excepted cases the sentence of death may be carried into execution upon confirmation by the commanding general in the field, or the commander of the department, as the case may be. Art. 106. In time of peace no sentence of a court-martial directing the dismissal of an officer shall be carried into execu¬ tion until it shall have been confirmed by the President. Art. 107. No sentence of a court-martial appointed by the com¬ mander of a division or of a separate brigade of troops directing the dismissal of an officer shall be carried into execution until it shall have been confirmed by the general commanding the army in the field to which the division or brigade belongs. Suspension of officers’ pay. Twice in jeopardy. Limitation of time of prosecution. Approval of sentence. Confirmation of death sentence. Confirmation of dismissal in time of peace. Dismissal by divis¬ ion or brigade courts. 44 REGULATIONS FOR THE N. C. NATIONAL GUARD. Sentence of gener¬ al officer. Confirmation by officer ordering court. Suspension of sentences of death or dismissal. Pardon and miti¬ gation of sentences. Disposition of records. Party entitled to a copy. Courts of inquiry, how ordered. Members of court of inquiry. Art. 108. No sentence of a court-martial, either in time of peace or in time of war, respecting a general officer shall be carried into execution until it shall have been confirmed by the President. Art. 109. All sentences of a court-martial may be confirmed and carried into execution by the officer ordering the court, or by the officer commanding for the time being, where confirmation by the President, or by the commanding general in the field, or com¬ mander of the department, is not required by the articles. Art. 110. Repealed June 18, 1898. AR’f. 111. Any officer who has authority to carry into execution the sentence of death or of dismissal of an officer may suspend the same until the pleasure of the President shall be known; and, in such case, he shall immediately transmit to the President a copy of the order of suspension, together with a copy of the pro¬ ceedings of the court. Art. 112. Every officer who is authorized to order a general court-martial shall have power to pardon or mitigate any punish¬ ment adjudged by it, except the punishment of death or of dis¬ missal of an officer. Every officer commanding a regiment or garrison in which a regimental or garrison court-martial may be held shall have power to pardon or mitigate any punishment which such court may adjudge. Art. 113. Every judge-advocate, or person acting as such, at any general court-martial, shall, with such expedition as the op¬ portunity of time and distance of place may admit, forward the original proceedings and sentence of such court to the Judge- Advocate-General of the Army, in whose office they shall be care¬ fully preserved. Art. 114. Every party tried by a general court-martial shall, upon demand thereof, made by himself or by any person in his behalf, be entitled to a copy of the proceedings and sentence of such court. Art. 115. A court of inquiry, to examine into the nature of any transaction of, or accusation or imputation against, any offi¬ cer or soldier, may be ordered by the President or by any com¬ manding officer; but, as courts of inquiry may be perverted to dishonorable purposes, and may be employed, in the hands of weak and envious commandants, as engines for the destruction of military merit, they shall never be ordered by any commanding officer, except upon a demand by the officer or soldier whose con¬ duct is to be inquired of. Art. 116. A court of inquiry shall consist of one or more offi¬ cers, not exceeding three, and a recorder, to reduce the proceed¬ ings and evidence to writing. REGULATIONS FOR THE N. C. NATIONAL GUARD. 45 Art. 117. The recorder of a court of inquiry shall administer to the members the following oath: “You shall well and truly examine and inquire, according to the evidence, into the matter now before you, without partiality, favor, affection, prejudice, or hope of reward: so help you God.” After which the president of the court shall administer to the recorder the following oath: “You, A. B., do swear that you will, according to your best abili¬ ties, accurately and impartially record the proceedings of the court and the evidence to be given in the case in hearing: so help you God.” Art. 118. A court of inquiry, and the recorder thereof, shall have the same power to summon and examine witnesses as is given to courts-martial and the judge-advocates thereof. Such witnesses shall take the same oath which is taken by witnesses before courts-martial, and the party accused shall be permitted to examine and cross-examine them, so as fully to investigate the circumstances in question. Art. 119. A court of inquiry shall not give an opinion on the merits of the case inquired of unless specially ordered to do so. Art. 120. The proceedings of a court of inquiry must be authen¬ ticated by the signatures of the recorder and the president thereof, and delivered to the commanding officer. Art. 121. The proceedings of a court of inquiry may be ad¬ mitted as evidence by a court-martial, in cases not capital, nor extending to the dismissal of an officer: Provided , that the cir* cumstances are such that oral testimony cannot be obtained. Art. 122. If, upon marches, guards, or in quarters, different corps of the Army happen to join or do duty together, the officer highest in rank of the line of the Afmy, Marine Corps, or Militia, by commission, there on duty or in quarters, shall command the whole, and give .orders for what is needful to the service, unless otherwise specially directed by the President, according to the nature of the case. Art. 123. In all matters relating to the rank, duties, and rights of officers, the same rules and regulations shall apply to officers of the Regular Army and to volunteers commissioned in or mus¬ tered into said service, under the laws of the United States, for a limited period. Oaths of members and recorder, court of inquiry. Witnesses before courts of inquiry. Opinion, when given by court. Proceedings must be signed. Proceedings of court of inquiry. evidence. Command when troops combine. Regular and volun¬ teer officers of same relative rank. Art. 124. Officers of the militia of the several States, when Rank of militia called into the service of the United States, shall on all detach- officers ‘ ments, courts-martial, and other duty wherein they may be em¬ ployed in conjunction with the regular or volunteer forces of the United States, take rank next after all officers of the like grade in said regular or volunteer forces, notwithstanding the commissions 46 REGULATIONS FOR THE N. C. NATIONAL GUARD. Deceased officers’ effects. Deceased soldiers’ effects. Disposition of effects of deceased. Publication of articles of war. Spies. Attachment of witnesses. Refusal of civilian witnesses to testify. of such militia officers may be older than the commissions of the said officers of the regular or volunteer forces of the . United States. Art. 125. In case of the death of any officer, the major of his regiment, or the officer doing the major’s duty, or the second officer in command at any post or garrison, as the case may be, shall immediately secure all his effects then in camp or quarters, and shall make, and transmit to the office of the Department of War, an inventory thereof. Art. 126. In case of the death of any soldier, the commanding officer of his troop, battery, or company shall immediately secure all his effects then in camp or quarters, and shall, in the presence of two other officers, make an inventory thereof, which he shall transmit to the office of the Department of War. Art. 127. Officers charged with the care of the effects of de¬ ceased officers or soldiers shall account for and deliver the same, or the proceeds thereof, to the legal representatives of such de¬ ceased officers or soldiers. And no officer so charged shall be permitted to quit the regiment or post until he has deposited in the hands of the commanding officer all the effects of such deceased officers or soldiers not so accounted for and delivered. Art. 128. The foregoing articles shall be read and published, once in every six months, to every garrison, regiment, troop, or company in the service of the United States, and shall be duly observed and obeyed by all officers and soldiers in said service. Sec. 1343, Revised Statutes. All persons who, in time of war, or of rebellion against the supreme authority of the United States, shall be found lurking or acting as spies, in or about any of the fortifications, posts, quarters, or encampments of any of the armies of the United States, or elsewhere, shall be triable by a general court-martial or by a military commission, and shall, on convic¬ tion thereof, suffer death. 2. Every judge-advocate of a court-martial shall have power to issue like process to compel witnesses to appear and testify which courts of criminal jurisdiction within the State, Territory, or District where such military courts shall be ordered to sit may lawfully issue. Section 1202, Revised Statutes, U. S. 3. Every person not belonging to the Army of the United States, who being duly subpoenaed to appear as a witness before a general court-martial of the Army, willfully neglects or refuses to appear, or refuses to qualify as a witness to testify or produce documentary evidence which such person may have been legally subpoenaed to produce, shall be deemed guilty of a misdemeanor, for which such person shall be punished on information in the REGULATIONS FOR THE N. C. NATIONAL GUARD. 47 district court of the United States; and it shall be the duty of the United States district attorney, on the certification of the facts to him by the general court-martial, to file an information against and prosecute the person so offending, and the punishment of such person, on conviction, shall be a fine of not more than five hun¬ dred dollars or imprisonment not to exceed six months, or both, at the discretion of the court: Provided, that this shall not apply to persons residing beyond the State, Territory, or District in which such general court-martial is held, and that the fees of such witness, and his mileage at the rates provided for witnesses in the United States district court for said State, Territory, or District, shall be duly paid or tendered said witness, such amounts to be paid by the Pay Department of the Army out of the appro¬ priation for the compensation of witnesses: Provided, that no witness shall be compelled to incriminate himself or to answer any questions which may tend to incriminate or degrade him. Act of March 2, 1901 {SI Stat. at Large). PART II ORGANIZATION, DISCIPLINE, AND CORRESPONDENCE. REGULATIONS FOR THE N. C. NATIONAL GUARD. 51 ARTICLE II. ORGANIZATION. ORGANIZED MILITIA. 4. The following provisions of the Constitution and laws govern the calling of the militia into the service of the United States, as provided in G. O. No. 3, War Department, January 7, 1907. The constitutional provisions are— The Congress shall have power * * * to provide for call¬ ing forth the militia to execute the laws of the Union, suppress insurrections and repel invasions; To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress. (Art. I, sec. 8, pars. 15, 16). The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic violence. (Art. IV, sec. 4). In pursuance of the foregoing delegations of authority, Congress has enacted— [Revised Statutes.] Sec. 5288. It shall be lawful for the President, or such person as he shall empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, as shall be necessary to compel any foreign vessel to depart the United States in all cases in which, by the laws of nations or the treaties of the United States, she ought not to remain within the United States. INSURRECTIONS. Sec. 5297. In case of an insurrection in any State against the government thereof it shall be lawful for the President, on appli¬ cation of the Legislature of such State, or of the executive when the Legislature cannot be convened, to call forth such number of the militia of any other State or States which may be applied for as he deems sufficient to suppress such insurrection, or, on like application, to employ for the same purposes such part of the land or naval forces of the United States as he deems necessary. Constitutional provisions. Calling forth militia. 52 REGULATIONS FOR THE N. C. NATIONAL GUARD. When the presi- Sec. 5298. Whenever, by reason of unlawful obstructions, com- dent may call forth . the militia. binations, or assemblages of persons, or rebellion against the authority of the Government of the United States, it shall become impracticable, in the judgment of the President, to enforce by the ordinary course of judicial proceedings the laws of the United States within any State or Territory, it shall be lawful for the President to call forth the militia of any or all the States and to employ such parts of the land and naval forces of the United States as he may deem necessary to enforce the faithful execution of the laws of the United States, or to suppress such rebellion in whatever State or Territory thereof the laws of the United States may be forcibly opposed or the execution thereof forcibly ob¬ structed. Suppression of Sec. 5299. Whenever insurrection, domestic violence, unlawful insurrection etc ’ ' combinations, or conspiracies in any State so obstructs or hinders the execution of the laws thereof and of the United States as to deprive any portion or class of the people of such State of any of the rights, privileges, or immunities or protection named in the Constitution and secured by the laws for the protection of such rights, privileges, or immunities, and the constituted authorities of such State are unable to protect or from any cause fail in or refuse protection of the people in such rights, such facts shall be deemed a denial by such State of the equal protection of the laws to which they are entitled under the Constitution of the United States, and in all such cases, or whenever any such insurrection, violence, unlawful combination, or conspiracy opposes or obstructs the laws of the United States or the due execution thereof, or impedes or obstructs the due course of justice under the same, it shall be lawful for the President, and it shall be his duty, to take such measures, by the employment of the militia or the land and naval forces of the United States, or of either, or by other means, as he may deem necessary for the suppression of such insurrection, domestic violence, or combinations. [Act of January 21, 1903.] Militia divided. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that the militia shall consist of every able-bodied male citizen of the respective States, Territories, and the District of Columbia, and every able-bodied male of foreign birth w T ho has declared his inten¬ tion to become a citizen, who is more than eighteen and less than forty-five years of age, and shall be divided into two classes—the organized militia, to be known as the National Guard of the State, Territory, or District of Columbia, or by such other designations REGULATIONS FOR THE N. C. NATIONAL GUARD. 53 as may be given them by the laws of the respective States or Ter¬ ritories, and the remainder to be known as the reserve militia. * * * ***** Sec. 3. That the regularly enlisted, organized, and uniformed Troops that consti- active militia in the several States and Territories and the Dis- milftia. 6 orgamzed trict of Columbia who have heretofore participated or shall here¬ after participate in the apportionment of the annual appropriation provided by section sixteen hundred and sixty-one of the Revised Statutes of the United States, as amended, whether known and designated as National Guard, militia, or otherwise, shall consti¬ tute the organized militia. The organization, armament, and dis¬ cipline of the organized militia in the several States and Territo¬ ries and in the District of Columbia shall be the same as that which is now or may hereafter be prescribed for the Regular and Volunteer Armies of the United States, within five years from the date of the approval of this Act: Provided, that the President of Minimum for the United States, in time of peace, may by order fix the mini- troop ’ batter y< etc - mum number of enlisted men in each company, troop, battery, signal corps, engineer corps, and hospital corps: And provided further, that any corps of artillery, cavalry, and infantry existing in any of the States at the passage of the act of May eighth, sev¬ enteen hundred and ninety-two, which, by the laws, customs or usages of the said States have been in continuous existence since the passage of said act under its provisions and under the provis¬ ions of section two hundred and thirty-two and sections sixteen hundred and twenty-five to sixteen hundred and styty, both inclu¬ sive, of title sixteen of the Revised Statutes of the United States, relating to the militia, shall be allowed to retain their accustomed privileges, subject, nevertheless, to all other duties required by law in like manner as the other militia. Sec. 4. That whenever the United States is invaded, or in dan- When militia is ger of invasion from any foreign nation, or of rebellion against to be called - the authority of the Government of the United States, or the President is unable, with the other forces at his command, to execute the laws of the Union in any part thereof, it shall be law-' ful for the President to call forth, for a period not exceeding nine months, such number of the militia of the State or of the States or Territories or of the District of Columbia as he may deem neces¬ sary to repel such invasion, suppress such rebellion, or to enable him to execute such laws, and to issue his orders for that purpose to such officers of the militia as he may think proper. Sec. 5. That whenever the President calls forth the militia of Length of service, any State or Territory or of the District of Columbia to be em¬ ployed in the service of the United States, he may specify in his 54 REGULATIONS FOR THE N. C. NATIONAL GUARD. call the period for which such service is required, not exceeding nine months, and the militia so called shall continue to serve dur¬ ing the term so specified, unless sooner discharged by order of the President. Apportioned ac- Sec. 6. That when the militia of more than one State is called cording to popuia- j n ^ 0 j-he ac ^ ua ] service of the United States by the President he may, in his discretion, apportion them among such States or Ter¬ ritories or to the District of Columbia according to representative population. How mustered. Sec. 7. That every officer and enlisted man of the militia who shall be called forth in the manner hereinbefore prescribed, and shall be found fit for military service, shall be mustered or accepted into the United States service by a duly authorized mustering offi¬ cer of the United States: Provided, hoioever, that any officer or enlisted man of the militia who shall refuse or neglect to present himself to such mustering officer upon being called forth as herein prescribed shall be subject to trial by court-martial, and shall be punished as such court-martial may direct. Courts-martial. Sec. 8. That courts-martial for the trial of officers or men of the militia, when in the service of the United States, shall be com¬ posed of militia officers only. Sec. 9. That the militia, when called into the actual service of the United States, shall be subject to the same rules and Articles of War as the regular troops of the United States. . Sec. 10. That the militia, when called into the actual service of the United States, shall, during their time of service, be entitled to the same pay and allowances as are or may be provided by law for the Regular Army. How paid. Sec. 11. That when the militia is called into the actual service of the United States, or any portion of the militia is accepted under the provisions of this act, their pay shall commence from the day of their appearing at the place of company rendezvous. But this provision shall not be construed to authorize any species of expenditure previous to arriving at such place of rendezvous Avhich is not provided by existing laws to be paid after their arrival at such place of rendezvous. ^ # * * * Pensions. Sec. 22. That when any officer, non-commissioned officer, or pri¬ vate.of the militia is disabled by reason of wounds, or disabilities received or incurred in the service of the United States, he shall be entitled to all the benefits of the pension laws existing at the time of his service, and in case such officer, non-commissioned offi¬ cer, or private dies in the service of the United States or in re¬ turning to his place of residence after being mustered out of such REGULATIONS FOR THE N. C. NATIONAL GUARD. 55 service, or at any time, in consequence of wounds or disabilities received in such service, his widow and children, if any, shall be entitled to all the benefits of such pension laws. 5. Whenever the militia is called into the service of the United Organized militia States the organized militia will be designated first, and in appor- ca rs * tioning quotas according to representative population they will, to the extent practicable, be so adjusted as not to leave any State or Territory or the District of Columbia unprovided with a reserve force sufficient to meet any emergency then existing or imminent within such State or Territory or the District of Columbia. Except in cases where the organized militia has been called out by direct order of the President, requisition will be made by the War De¬ partment upon governors of the States or Territories or the com¬ manding general of the militia of the District of Columbia, and the arm of the service and the number of organizations thereof re¬ quired will be stated in the requisitions. 6. The President’s authority over the organized militia is de- President’s rived from the Constitution and from the legislation of Congress authorit y- in furtherance of its provisions and he can order it out in those cases which are specifically provided for in paragraph 455. The organized militia then becomes national in character and the President its commander-in-chief. The President is the exclusive judge of the existence of an emergency justifying the ordering out of the organized militia, and the measures necessary for giving effect to the order are executive acts which the Secretary of War may perform as the representa¬ tive of the President. 7. By direction of the President the minimum enlisted strength Minimum strength for each organization of the organized militia is fixed as follows: for or s amzatlons - For a company of infantry, total enlisted men, 58. This is based on apportionment to grades as follows, viz.: 1 first sergeant, 1 quartermaster sergeant, 4 sergeants, 6 corporals, 2 cooks, 2 musicians, and 42 privates. For a troop of cavalry, total enlisted, 58. This is based on apportionment to grades as follows, viz.: 1 first sergeant, 1 quar¬ termaster sergeant, 4 sergeants, 6 corporals, 2 cooks, 2 farriers and blacksmiths, 1 saddler, 2 trumpeters, and 39 privates. For a company of engineers, total enlisted,.58. This is based on apportionment to grades as follows, viz.: 1 first sergeant, 1 quartermaster sergeant, 4 sergeants, 6 corporals, 2 cooks, 2 musi¬ cians, 21 privates first class, and 21 privates second class. For a company of coast artillery, total enlisted, 63. This is based on apportionment to grades as follows, viz.: 1 first ser¬ geant, .1 quartermaster sergeant, 4 sergeants, 6 corporals, 2 cooks, 2 mechanics, 2 musicians, and 45 privates. 56 REGULATIONS FOR THE N. C. NATIONAL GUARD. Below minimum. Equipment kept on hand. For a battery of field artillery, total enlisted, 133. This is based on apportionment to grades as follows, viz.: 1 first sergeant, 1 quartermaster sergeant, 1 stable sergeant, 6 sergeants, 12 corporals, 2 musicians, 4 artificers, 2 cooks, and 104 privates. For a company of signal corps, total enlisted, 58. This is based on apportionment to grades as follows, viz.: 5 sergeants first class, 5 sergeants, 10 corporals, 2 cooks, 18 privates first class, and 18 privates second class. For the hospital corps: (a) Ambulance company section, total enlisted, 43. This is based on apportionment to grades as follows, viz.: 2 sergeants first class, 7 sergeants, and 34 privates, first class and privates, (b) Field hospital, total enlisted. 33. This is based on apportionment to grades as follows, viz.: 3 sergeants first class, 6 sergeants, and 24 privates, first class and privates. 8. No organization will be accepted into the service of the United States which, in the number of its officers and enlisted men, is below the minimum prescribed by the President, or above the maximum strength fixed by law for such organization; and when¬ ever any organization which is ordered out, or called upon, is be¬ low the minimum, it shall be immediately recruited to at least that standard before leaving its home station. 9. From the day that any portion of the organized militia ordered into actual service of the United States appears at the place of company rendezvous, the men will be provided with the necessary clothing, equipment, armament, and ammunition, sub¬ sisted, and transported to the place of concentration, under the following plan: (a) Governors of States and Territories and the commanding general of the militia of the District of Columbia will be required to keep on hand, either at the various company armories or in suitable storehouses, a sufficient supply of arms, clothing, etc., to completely equip for the field the minimum number of men pre¬ scribed by the President for each organization, so that on being called into the service any organization will be completely equipped from the stores on hand in the State or Territory or the District of Columbia without calling on the War Department for assist¬ ance ; any organization which is below the minimum, and which is obliged to recruit to its proper standard, is thus enabled to im¬ mediately uniform, arm, and equip the recruits before proceeding to the place of concentration where they will eventually be mus¬ tered into the service of the United States. (b) The various locations of company rendezvous rendering it impossible to issue rations in kind economically, the commanding officer of any portion of the organized militia called into the actual REGULATIONS FOR THE N. C. NATIONAL GUARD. service of the United States will purchase cooked meals for his command while at the company rendezvous, and thereafter until arrival at the State camp or other place of concentration where rations in kind are available for issue. An expense not exceeding How subsisted. 60 cents a man a day is authorized for such meals, except for the time consumed in traveling to the State camp or other place of concentration, during which time not exceeding 75 cents a man a day is authorized. The purchase of cooked meals, as above, should be made after advertising, or, if conditions do not permit of adver¬ tising, in open market under paragraph 549, the accounts prepared on Form 7 of the Subsistence Department (the voucher covering the travel period to show places between which, and dates when, travel was performed) certified by the officer procuring the meals, and sent to the chief commissary of the department for payment. (c) When the organized militia is ordered into the service of Transportation, the United States, the quartermaster general of the State or Ter¬ ritory or of the militia of the District of Columbia, or an officer designated by the Governor or the commanding general of the mili¬ tia of the District of Columbia, will arrange for the necessary transportation from the company rendezvous to the place of con¬ centration. He will ascertain the number of officers and men, the number of animals, and approximate weight of the property for which transportation will be required, and submit the data to competing lines of transportation with a view to securing the best rates obtainable from starting points to the place of concentration. (Form of circular for this purpose is given in paragraph 693, Quartermaster’s Manual, 1904). Blank forms of contracts, transportation requests, and bills of lading, to cover the cost of the movements, on which are printed full instructions, will be furnished by the chief quartermaster of the military department in which the State or Territory or the District of Columbia is located, on application. All accounts for the transportation of the organized militia Accounts paid, ordered out will be submitted by the carriers to the officer of the State or Territory or of the militia of the District of Colum¬ bia making the contract, who will examine them, and, if found correct, transmit them duly certified, together with the transpor¬ tation requests, bills of lading, and contracts, to the chief quarter¬ master of the military department in which the State or Terri¬ tory or the District of Columbia is located, for adjustment and settlement. ( d ) Ammunition will be supplied under orders of the War Ammunition. Department upon arrival at place of concentration. 10. To expedite the mobilization of the organized militia ordered mobilization. 58 REGULATIONS FOR THE N. C. NATIONAL GUARD. Physical exami¬ nation. Muster rolls. into the service of the United States, the War Department after consultation with the governors or the commanding general of the militia of the District of Columbia will designate convenient places in the State or Territory or in the District of Columbia for assem¬ bling companies, batteries, etc., the United States Government meeting, as hereinbefore provided, all authorized expenses inci¬ dent to this preliminary concentration from the day the militia appear at their places of company rendezvous. The organized militia called into the service of the United States will be mus¬ tered in at these designated places of concentration by officers of the Army detailed for this purpose by the War Department. The extent of the physical examination, upon said muster in, will be in accordance with the length and character of the service for which the organizations are called out and will be prescribed in orders from the War Department: Provided, that in such States or Territories or the District of Columbia as shall have adopted a standard of physical examination for enlistment and re-enlistment of the organized militia approved by the Secretary of .War, such militia shall be deemed under the law “fit for mili¬ tary service,” and shall be duly mustered into the service of the United States as such. Under these conditions, as soon as practica¬ ble after such muster in, without interfering with the supreme duty of the militia, the defense of the country, and in such a man¬ ner as not to prevent their employment against an enemy, a physi¬ cal examination will be made by a medical officer of the Army detailed for the purpose, who shall note all cases of defect and cause the same to be entered on the muster roll against the name of each individual, stating in each case whether the defect so noted existed prior to the muster in of the soldier. 11. It shall be the duty of every officer designated to muster into the service of the United States any of the militia of the sev¬ eral States or Territories or of the District of Columbia, to see that the muster rolls contain all information that might in any way affect pay or which it might be necessary to consider in the settlement of claims for pensions. Blank forms and detailed instructions will be forwarded to mustering officers by the War Department. Upon the completion of the muster in of any organization, the mustering officer shall forward the rolls promptly to their proper destinations as given in his detailed instructions. 12. In all cases payments to militia mustered into the service of the United States will be made in the same manner as to organiza¬ tions of the Regular Army. 13. At the termination of the period for which the President Mustering out. REGULATIONS FOE, THE N. C. NATIONAL GUARD. 59 called the militia forces into the service of the United States, they shall be mustered out by an officer of the Army detailed for the purpose, at such rendezvous favorable to all interests concerned as may be directed by the War Department. The mustering officer will be provided by the War Department with blanks and detailed instructions. 14. To facilitate the settlement of claims that may be made for Claims, pensions on account of disability incurred in the military service— that is, to establish the rights of persons under the pension laws, as well as to protect the interests of the United States—a thorough physical examination of all officers and enlisted men of the militia will be made immediately prior to their discharge or their muster out. 15. Specific regulations for mustering the militia into the service of the United States and for its muster out will be published by the War Department when the necessity arises. 16. When any company, troop, battery, battalion, or ^regiment Enlisting in of the organized militia of any State or Territory or of the District v ° un eer arm ' of Columbia enlists in a body in the Volunteer Army, such organi¬ zation loses its identity as a part of the organized militia, so far as the United States Government is concerned, changes its designa¬ tion, and becomes a similar unit of the Volunteer Army. It shall comply with all the conditions and requirements prescribed for similar organizations of the Volunteer Army as to strength, medi¬ cal examination, etc. If the President, under authority vested in him by law, has called forth' any of the organized militia, no part of the organization so called forth is eligible for enlistment in the Volunteer Army, should one be raised, until properly mustered out of the service of the United States. THE DIVISION. 17. In case the National Guard shall be increased at any time Division staff, to two or more brigades the brigades and other military units of the National Guard shall compose the division, which shall be commanded by a major-general, or, in case of his absence or dis¬ ability, by the senior line officer of the National Guard. He may be provided with a staff as follows: 2 Assistant Adjutants-general, one of the grade of colonel, one of the grade of lieutenant-colonel. 2 Inspectors, one of the grade of colonel, one of the grade of lieutenant-colonel. 1 Judge-advocate, of the grade of lieutenant-colonel. 2 Inspectors of Small-arms Practice and Ordnance Officers, one of the grade of lieutenant-colonel, one of the grade of major. 60 REGULATIONS FOR THE N. C. NATIONAL GUARD. New organizations, how formed. Petition for company. Obedience. Courtesy. Conduct of officers. 1 Quartermaster, of the grade of lieutenant-colonel. 1 Commissary of Subsistence, of the grade of lieutenant-colonel. 1 Surgeon, of the grade of colonel. 1 Engineer, of the grade of lieutenant-colonel. 1 Signal Officer, of the grade of major. 3 Aides-de-camp, each of the grade of major. 18. A company, troop or battery may be organized upon the peti¬ tion of a number of persons, subject to military duty, equal to the minimum required for the organization proposed. Such petitions shall be forwarded to the commander-in-chief, and, if approved by him, the petitioners shall be assembled, and, after inspection, shall be enlisted; provided, the number enlisted be not less than the minimum number required for such organization. The mustering officer shall then require the persons enlisted to elect officers, and shall transmit to the Adjutant-general a certificate showing the result of such election, together with a muster roll of the organi¬ zation. ARTICLE III. MILITARY DISCIPLINE. 19. All persons in the military service are required to obey strictly, and execute promptly, the orders of their superiors. Any question as to the legality or propriety of an order should be raised after execution of the order. First obey the order, then if there be a question, raise it in the proper way. 20. Courtesy among military men is indispensable to discipline. Respect to superiors will not be confined to obedience on duty, but will be extended on all occasions. When an officer or man enters an armory under orders, he ceases to be a citizen and be¬ comes a soldier. From that moment his identity, other than as a member of the organization of which he is a part, is lost until he is dismissed from duty. No better test of the personal quali¬ ties and character of any man can be had than that which shows him capable of sinking his personality and becoming the proper part of the military machine of which he is a member. This whether he be a private or general. 21. The conduct of officers in their relations with enlisted men serving under them while under orders should be precisely that which is found between officers and men in the regular army. This is part of good discipline. Officers and men must inform them¬ selves as to what these usages are in the regular army of the United States, and then conform absolutely. When the duties of a REGULATIONS FOR THE N. C. NATIONAL GUARD. 61 soldier are laid aside and a return, as it were, to civil life is had, then the social relations which exist between officers, and officers and men, revert to the original conditions. Respect in the service and proper courtesy should be shown superiors, not necessarily because they are personally superior, but on account of the office which they hold. In other words, respect the office if not the man, but in any case show respect. Enlisted men will not be expected or required to salute officers when out of uniform and not under orders, but every courtesy required by the Regulations of the United States Army will be shown when under orders, whether officers be with or without uniform. 22. Military authority will be exercised 'with firmness, kindness Authority, and justice. Punishments must conform to law, and follow offenses as promptly as circumstances will permit. 23. Superiors are forbidden to injure those under their author¬ ity by tyrannical or capricious conduct, or by abusive language. 24. Deliberations or discussions among military men conveying Discussions, praise or censure, or any mark of approbation, towards others in the military service, and all publications relating to private or personal transactions between officers, are prohibited. 25. Officers and enlisted men of the National Guard shall be in armories, considered on duty whenever in the headquarters or armories of their regiments or companies, and will obey the orders of their superiors present, the same as upon any duty required by law or orders, and all commanders or officers detailed by them for the purpose shall have the right to visit, at any time, any headquar¬ ters or armory within their command, and give any orders which they may think for the best interest of the service. Armories shall be under the entire control of the senior officer of the organi¬ zations therein quartered unless otherwise ordered, excepting that any officer shall have access to armories when in the line of duty. 26. The introduction or use of intoxicating liquors of any kind intoxicating liquors. whatsoever, by any officer or enlisted man of the North Carolina National Guard, or other person, in any drill hall, assembly room, store room, club room, or office, or any other room used in con¬ nection with any armory for which the State pays a rental, is prohibited. ARTICLE IV. PRECEDENCE OF REGIMENTS AND CORPS. 27. On all occasions of ceremony, troops are arranged from Troops, how posted right to left in line, and from head to rear in column, in the fol- m hne or column ‘ lowing order: First, infantry; second, field artillery; third, cav- 62 REGULATIONS FOR THE N. C. NATIONAL GUARD. Definition of military rank. How held. airy. Artillery serving as infantry is posted as infantry; dis¬ mounted cavalry and marines are on the left of the infantry; engineer troops and detachments of the Signal Corps are on the right of the command to which they are attached; detachments of the Hospital Corps are assigned to place according to the na¬ ture of the service. When cavalry and field artillery, or field artillery and infantry, are reviewed together without other troops, the artillery is posted on the left. In the same arm, regulars, U. S. volunteers, and militia are posted in line from right to left, or in column from head to rear, in the order named. In reviews of large bodies of troops the different arms and classes are posted at the discretion of the commanding general, due regard being paid to their position in camp. On all other occa¬ sions troops of all classes are posted at the discretion of the gen¬ eral or senior commander. [A. R. 6]. ARTICLE V. RANK AND PRECEDENCE OF OFFICERS AND NON¬ COMMISSIONED OFFICERS. 28. Military rank is that character or quality bestowed on mili¬ tary persons which marks their station, and confers eligibility to exercise command or authority in the military service within the limits prescribed by law. It is divided into degrees or grades, which marks the relative positions and powers of the different classes of persons possessing it. [A. R. 7]. 29. Rank is generally held by virtue of office in an arm of the service, corps, or department, but may be conferred independently of office, as in the case of retired officers and of those holding it by brevet. [A. R. 8]. 30. The following are the grades of rank of officers and non¬ commissioned officers: 1. Lieutenant-general. 2. Major-general. 3. Brigadier-General. 4. Colonel. 5. Lieutenant-colonel. 6. Major. 7. Captain. 8. First lieutenant. 9. Second lieutenant. 10. Veterinarian, cavalry and artillery. 11. Cadet. REGULATIONS FOR THE N. C. NATIONAL GUARD. 63 12. Sergeant-major, regimental; sergeant-major, senior grade, artillery; master electrician; master signal electrician. 13. Ordnance sergeant; post commissary-sergeant; post quarter¬ master-sergeant ; electrician sergeant; sergeant first class hospital corps; first class signal sergeant. 14. Quartermaster-sergeant and commissary-sergeant, regimen¬ tal ; chief musician. 15. Sergeant-major, squadron and battalion; sergeant-major, junior grade, artillery; color-sergeant; chief trumpeter, principal musician; battalion quartermaster-sergeant, engineers. 16. First sergeant; drum major. 17. Sergeant; quartermaster-sergeant, company; stable sergeant, battery. 18. Corporal. In each grade date of commission, appointment, or warrant determines the order of precedence. [A. R. 9]. 31. Officers of the Regular Army, Marine Corps, and volunteers Date of commis- when commissioned or mustered into the service of the United pr^cedencef 1111116 States, being upon equal footing, take precedence in each grade by date of commission or appointment. [A. R. 10]. 32. Between officers of the same grade and date of appointment How relative rank or commission, other than through promotion by seniority, relative 1S determmed - rank is determined by length of service, continuous or otherwise, as a commissioned officer of the United States, either in the Regu¬ lar Army or, since April 19, 1861, in the volunteer forces. When periods of service are equal, precedence will, except when fixed by order of merit on examination, be determined, first, by rank in service when appointed; second, by former rank in the Army or Marine Corps; third, by lot. [A. R. 11]. 33. The relative rank between officers of the Army and Navy is as follows, lineal rank only being considered: General with admiral. Lieutenant-General with vice-admiral. Major-General with rear-admiral. Brigadier-General with commodore. Colonel with captain. Lieutenant-Colonel with commander. Major with lieutenant-commander. Captain with lieutenant. First lieutenant with lieutenant (junior grade). Second lieutenant with ensign. [A. R. 12]. 64 REGULATIONS FOR THE N. C. NATIONAL GUARD. An officer in tem¬ porary command will not change existing orders. Staff officers not to assume command. ARTICLE VI. COMMAND. 34. Command is exercised by virtue of office and the special assignment of officers holding military rank who are eligible by law to exercise command. Without orders from competent author¬ ity an officer cannot put himself on duty by virtue of his commis¬ sion alone, except as contemplated in the twenty-fourth and one hundred and twenty-second Articles of War. [A. R. 113]. 35. The following are the commands appropriate to each grade: 1. For a captain, a company. 2. For a major, a battalion. 3. For a colonel, a regiment. 4. For a brigadier-general, a brigade. 5. For a major-general, a division. [A. R. 14]. 36. The designation “company,” as used in these regulations, applies to troops of cavalry, batteries of field artillery, and to companies and bands of all arms and corps. The designation “battalion,” applies in like manner to squadrons of cavalry. [A. R. 15], 37. The functions assigned to any officer in these regulations by title of office devolve upon the officer acting in his place, except when otherwise specified. An officer in temporary command shall not, except in urgent cases, alter or annul the standing orders of the permanent commander without authority from the next higher commander. [A. R. 16]. 38. An officer who succeeds to any command or duty stands in regard to his duties in the same situation as his predecessor. The officer relieved will turn over to his successor all orders in force at the time and all the public property and funds pertaining to his command or duty. [A. R 17]. 39. By virtue of their commission all officers may command en¬ listed men, but no officer of the staff shall assume command of troops, while a line officer is present and on duty with them, except under orders which specially so direct by the authority of the commander-in-chief. REGULATIONS FOR THE N. C. NATIONAL GUARD. 65 ARTICLE VSI. OFFICERS. 40. No person shall be eligible to office in the military forces of the State of North Carolina who is not a male citizen of the United States, of twenty-one years of age or upwards, and a resi¬ dent in this State, 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. 41. No election shall be held unless a majority of the electors are present and vote. 42. The person who has a majority of the written or printed votes of the electors present and voting, at an election of commis¬ sioned officers, shall be deemed elected. 43. The qualifications of an elector are—for -an officer, that he has been elected or appointed and commissioned; for a soldier, that he has been duly enlisted into the service of the State. 44. An officer re-elected or reappointed immediately upon expi¬ ration of his term of service, shall retain his date of rank. 45. An officer tendering his resignation will remain on duty with his command until he has received due notice that his resig¬ nation has been accepted. 46. Every qualified voter in a command shall be duly notified of the time, date and place of a nomination or an election. 47. Enlistments for voting purposes are expressly forbidden. Officers making such enlistments shall be liable to trial by general court-martial. 48. Elections for officers of the North Carolina National Guard will be held only in pursuance of orders of the Governor and com¬ mander-in-chief, issued through the office of the adjutant-general. 49. Any officer may be temporarily assigned to do duty with other commands, or in other departments, than his own. 50. All staff officers of the National Guard shall be appointed as hereinafter provided, and commissioned by the commander-in¬ chief, on the request of the several appointing officers, provided that such appointees be eligible. 51. The following oath must be subscribed by all commissioned officers before entering upon their duties, and may be taken before any person authorized under the laws of the State to admin¬ ister oaths, and shall be forwarded through proper channels, within ten days, to the adjutant-general; otherwise they shall be taken to have declined: Election. Who eligible. Majority. Who elected. Qualifications of electors. Resignation ten¬ dered does not relieve from duty. Voters must be notified. Enlistments for¬ bidden. Elections held only by orders of com¬ mander-in-chief. Staff officers, how appointed. Qualification. 5 66 REGULATIONS FOR THE N. C. NATIONAL GUARD. Oath. Record of service. Liability not affected. Resignation and vacation of com¬ missions. Resignations, how accepted. Resignations not considered. “I,.. do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the State of North Carolina against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me, God. (Grade). Subscribed and sworn to before me this . day of .. 190.. 52. Every person shall, upon his first entry in the service as an officer, forward, with his oath of office, a statement upon his honor, embracing a complete and entire record of his military service in the National Guard of this or any other State, the volun¬ teer or regular army or navy of the United States, place of birth, date of entry into service, of promotions, grades and positions, discharges, wounds received and engagements participated in, if any, as enlisted man or officer. 53. No resignation, removal, discharge, dismissal, nomination, or appointment to other office, shall in any way affect the liability of an officer for public property in his possession, or for which he is responsible. 54. Resignations of all officers shall be in writing, addressed to the adjutant-general, and transmitted through intermediate commanders, who will endorse the same, with their approval or disapproval. The address of officers resigning shall accompany their resignations. 55. The commander-in-chief alone can accept the resignation of an officer; and no officer will be considered out of service on the tender of his resignation, until it has been duly accepted. Any officer who, having tendered his resignation, shall, prior to due notice of its acceptance, and without leave, quit his proper duties, with the intent to remain permanently absent therefrom, shall be considered as absent without leave, except when on or called for active service in aid of civil authorities or, in time of war, insur¬ rection or rebellion; at all of which excepted times the 49th Article of War shall govern. 56. As a general rule, resignations tendered by officers when under orders to perform a special service will not be considered. REGULATIONS FOR THE NT. C. NATIONAL GUARD. 67 57. Resignations shall contain full and complete reasons there- Must give reasons, for; and commanding officers shall not approve such resignations unless the reasons tendered are urgent and satisfactory. 58. When an officer is appointed to another office in the National Commissions Guard the acceptance of a commission under such appointment vacated * shall vacate the position previously held. 59. An officer resigning on account of physical disability must submit with his resignation a certificate of a medical officer, or reputable physician in good standing, approved by a medical offi¬ cer, showing the extent of his disability. 60. A resignation tendered under charges will be forwarded, Resignation of accompanied by a report of the case and a copy of the charges. All correspondence with the adjutant-general’s department, on the part of the officer who tenders the resignation, will be conducted through prescribed channels. [A. R. 80]. 61. Leave of absence will not be granted on tender of resigna¬ tion unless the resignation be unconditional and immediate. When leave is requested the officer’s address will accompany the resigna¬ tion. [A. R. 81]. 62. An officer may be discharged by order of the commander- in-chief, either—• Upon the report of a board of examiners; Or the sentence of a court-martial. 63. An officer may be honorably discharged by the commander- in-chief—• Upon tender of resignation; Upon the recommendation of a medical board; Upon the disbandment of the organization to which he belongs; Or, if a staff officer, on the written request of the officer ap¬ pointing him, or upon the qualification of his appointed successor; Or when he shall accept an appointment in the army or navy of the United States. All officers, on attaining the age of 64 years, shall be retired from active service and placed on the retired list. 64. An officer may be dismissed by the commander-in-chief when it shall appear to him that such officer has been convicted of a felony, or has been dishonorably discharged or dismissed from the service of the United States, or from the National Guard of this or any other State; or to carry out the sentence of a court-martial. 65. All officers discharged or retired from the service of the State shall be entitled to receive a certificate thereof in such form as the commander-in-chief shall direct. 66. Dishonorable discharges are given only upon sentence of a court-martial. officers under charges. Leave of absence. How discharged. How honorably discharged. How dismissed. Entitled to cer¬ tificate. Dishonorably dis¬ charged. 68 REGULATIONS FOR THE N. C. NATIONAL GUARD. Habitual drunken¬ ness. May be brought before a board. Transfer. Leave of absence. Leave of absence not granted, when. Commanding offi¬ cer to issue orders relinquishing com¬ mand. Officers leaving camp. 67. Habitual intemperance, gambling, or other vices that tend to corrupt an officer and lower the professional standard will be regarded as proper subjects for the consideration and report of a board. 68. When ample testimony establishes the fact that an officer has, through vicious indulgence, slighted or neglected his duties to such a degree as to make it unsafe to intrust him with a com¬ mand or with responsibility that properly belongs to his grade, and when it is shown that such habits have continued for such length of time as to render permanent reformation improbable, this fact, rather than his condition when he appears before the board, shall weigh in finding as to his incapacity for further service of the State of North Carolina. 69. A regimental or battalion staff officer may be transferred from one command to another, without loss of rank, by the com¬ mander-in-chief, upon the written application of the officer desir¬ ing the transfer, with the approval of the commanding officers. 70. No officer shall at any time absent himself from his command for a period of more than thirty days, without obtaining a leave of absence. 71. Leaves of absence are given in special orders, and may be granted for good and valid reasons only, to the officers of their respective commands, for periods not exceeding two months by regimental commanders. Applications for leave of absence for periods over two months must be made to the commander-in-chief. 72. A leave of absence will not be granted which would leave a company without an officer, regiment without a field officer, a camp or post without two officers; nor shall a leave of absence be granted to an officer during a season of active operations, or dur¬ ing the annual encampment, except on urgent necessity. 73. When troops are on active duty, an officer shall not absent himself from his command, for any period, without obtaining leave from the highest commander on duty With the troops. 74. No officer will consider himself on leave until he shall have received a copy of the order, or notice, granting the same. 75. An officer obtaining leave of absence is considered as being on duty with his command until he gives official notice of his intention to avail himself of such leave. A regimental or battalion commander shall issue his order relinquishing his command and designating the officer on whom the command falls. The officer so designated, on receipt of such order, shall issue his own order assuming command. 76. Officers desiring to leave camp will secure verbal permis¬ sion from their commanding officer, lieutenants first securing per¬ mission from their immediate company commanders. REGULATIONS FOR THE N. C. NATIONAL GUARD. 69 77. An application for leave of absence or extension thereof, Leave on account on account of sickness, must be accompanied by a certificate, in of slckness - prescribed form, from a medical officer; if possible, from one attached to the command of the applicant. 78. Whenever an officer has been absent on account of sickness Officers may be for six months, he may be ordered before, and examined by, a JJjSgJjd examiners, medical board, and upon their recommendation shall be discharged. 79. 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. 80. An officer absent from his command three months without leave shall be dropped from the rolls of the National Guard, for desertion. 81. Whenever an officer is ordered to perform any duty, not Traveling on duty, being with troops, he shall proceed by the most direct practicable route without unnecessary delay; and except in case of sudden illness, must not apply for leave q £ absence from the time he receives the order until the duty has been performed. 82. Officers are entitled to use State transportation requests at state transporta- public expense only when traveling on duty by order of competent tlon ' authority. The use of State transportation requests except when on duty is prohibited. 83. When an officer dies, his immediate commanding officer will Death of an officer, make, in writing, a report of his death, specifying the date, place how re P° rted - and cause, and forward the same through proper channels to the office of the adjutant-general. 84. Any effects of a deceased officer which may be left in the Deceased officers, armory, camp, or other rendezvous of the company, will be care¬ fully collected and turned over by the company commander to the legal representative of the deceased. 85. Any member of the National Guard learning of the death Any member of of another member, and having reason to suppose the same has de' a th. N ' G ‘ report not been already reported, will immediately notify the proper com¬ manding officer of the fact and circumstances. 86. On the death of an officer in charge of public funds and Officer deceased in property, his immediate commanding officer will designate an offi- fSnds 6 ° f pubhc cer to take up and inventory such funds and property, and make the customary returns therefor, stating actual amounts and condi¬ tions, forwarding same to the adjutant-general. The action herein prescribed will also be taken in the case of an officer who, while in charge of public funds or property, deserts or becomes insane. 70 REGULATIONS EOR THE N. C. NATIONAL GUARD. Rank. Must be ordained. To visit the sick. Officers must assist chaplains. Must be examined. Pay. Duties. ARTICLE VIII. CHAPLAIN. 87. The chaplain is recognized as entitled to the same consid¬ eration and courtesy as an officer having the rank of captain, with¬ out the title or privilege of command. He is subject to the same rules and regulations as other officers of the National Guard. He does not wear a sword. At parade his place is on the left of the commissioned staff. 88. No person should be appointed to the office of chaplain who is not a regularly ordained minister of some religious denomina¬ tion, and who is not known to be in good standing as such. 89. It is the duty of the chaplain, having previously signified his intention to the medical officer in charge, to visit the sick in hospital or in quarters, in order to afford religious advice and con¬ solation. 90. All chaplains shall be jffepared to hold appropriate religious services at military funerals. It shall be their duty to hold public religious services, when on duty with their commands, at least once each Sunday when practicable, and at such other times as their commanding officers shall authorize. 91. All officers are required to do everything in their power to aid chaplains in the discharge of their duties. ARTICLE IX. VETERINARIANS. 92. Veterinarians are appointed by the commander-in-chief, sub¬ ject to competitive examinations as to eligibility, capacity, and fitness. The scope and conditions of such examinations will be announced in orders from time to time by the adjutant-general. They shall receive certificates of appointment signed by the com¬ mander-in-chief. 93. A veterinarian has the pay of a second, lieutenant, mounted, and is entitled to the same allowances in kind, of quarters, fuel and lights. [A. R. 89]. 94. It shall be the duty of the veterinarian to visit at least daily all sick or injured animals at his station, and to recommend such treatment as he may deem proper. He will have access to the stables at all times. Upon request he will attend such author¬ ized private horses of mounted officers as may need his services. [A. R. 90]. mmw in i n REGULATIONS FOR THE N. C. NATIONAL GUARD. 71 ARTICLE X. POST NON-COMMISSIONED STAFF. • 95. The post non-commissioned staff consists of ordnance, post commissary and post quartermaster sergeants. They are appointed by the commander-in-chief from the line. 96. A post non-commissioned staff officer will assist the officer of his department, and will not be detailed upon any service not pertaining to his proper position, unless the necessities of the service require such detail, in which case the post commander will note the fact, with reasons therefor, on the sergeant’s personal report [A. R. 97]. 97. A post non-commissioned staff officer may be re-enlisted, pro- Re-enlistment, vided he shall have conducted himself properly and performed his duties in a satisfactory manner. If, however, his commanding officer should not deem the re-enlistment to be for the best interest of the service he will communicate his reasons to the adjutant- general in time to receive the decision of the commander-in-chief before the soldier’s discharge. A post non-commissioned staff offi¬ cer will be furnished with a warrant signed by the commander-in- chief. The warrant will remain in force so long as the soldier is continuously in the service, i. e., if he re-enlists the day following that of his discharge. Every such re-enlistment will be noted on the back of the warrant by the officer who re-enlists the soldier, as follows: Re-enlisted (date); warrant continued. 98. Post non-commissioned staff officers, though liable to dis- Not to be reduced, charge for inefficiency or misconduct, will not be reduced. [A. R. 102]. ARTICLE XI. ENLISTMENTS. 99. Any male citizen of the State of North Carolina or person Qualifications, who has legally declared his intention to become a citizen, if above the age of twenty-one and under the age of thirty-five years, able-bodied, free from disease, of good character and temperate habits, may be enlisted under the restrictions contained in this article. In regard to age this regulation shall not apply to sol¬ diers who have served honestly and faithfully a previous enlist¬ ment in the North Carolina National Guard. 100. The enlistment of persons of any of the following classes who prohibited, is prohibited: Former soldiers whose service during last term of 72 REGULATIONS FOR THE N. C. NATIONAL GUARD. Minors. Recruiting officer responsible. Married men. Enlistment papers. enlistment was not honest and faithful, insane or intoxicated per¬ sons, deserters from the military or naval service of the United States, the National Guard of this or any other State, persons who have been convicted of felony, or who have been imprisoned under sentence of a court in a reformatory, jail or penitentiary; also foV original enlistment, persons under eighteen or over forty- five years of age, and for first enlistment in time of peace any person who is not a citizen of this State, or who has not made a legal declaration of his intention to become a citizen of the United States, or who cannot speak, read, and write the English language. 101. Recruiting officers will be very particular to ascertain the true age of the recruit. If any doubt exists as to the applicant’s statement regarding his true age, his oath will not be taken as conclusive evidence of the fact, and if he cannot furnish compe¬ tent proof to support his statement lie will be rejected. Minors between the ages of eighteen and twenty-one years may be enlisted with the written consent of father, only surviving parent, or legally appointed guardian. When a minor presents himself for enlistment under the provisions of this paragraph, his parents or guardian, should he have any, will be found and informed of the application; should he be without parents or guardian, the recruit¬ ing officer must reject him unless the applicant shall procure the legal appointment of a guardian and obtain his written consent. 102. Recruiting officers will be held to a rigid accountability for the enlistment of men who may be found unfitted for the service. If a recruit, after having been enlisted, be rejected, or discharged as a minor, and it appears that the enlistment was carelessly made or in violation of these regulations, any expense incurred in consequence of the enlistment may be charged against the offi¬ cer responsible. 103. The enlistment or re-enlistment of married men for the line of the North Carolina National Guard is to be discouraged, and will be permitted only for some good reason in the public interest, the efficiency of the service to be of the first considera¬ tion. Applications for such enlistments or re-enlistments will be finally determined by the regimental commander, or other proper commanding officer if there be no regimental organization. 104. After the nature of the service and terms of enlistment have been fully explained to the applicant, and before the enlist¬ ment blanks are filled, the officer will read to him and offer for his signature the following declaration which will be contained in the enlistment paper: I, .. desiring to enlist in the National Guard of the State of North Carolina for the term of three years, Declaration. REGULATION'S FOR THE N. C. NATIONAL GUARD. 73 do declare that I am of legal age to enlist, and believe myself to be physically qualified to perform the duties of an able-bodied soldier; and I do further declare that I am of good habits and character in all respects, and have never been discharged from the United States service (Army or Navy) or the National Guard of North Carolina or any other State on account of disability, or through sentence of either civil or military court, nor discharged from any service, civil or military, except with good character, and for the reasons given by me to the recruiting officer prior to this enlistment. Given at .this . day of ., 190.. Witness: If the applicant be a minor, his parents or guardian must give Consent of parents, consent in writing in the following terms: I,., do certify that I am the.of .; that the said. is . years of age; and I do hereby freely give my consent to his enlist¬ ment as a Soldier in the National Guard of the State of North Carolina. Given at.. this.day of.190.. Witness: This consent will appear on the enlistment paper, and will fol¬ low the foregoing declaration. 105. Recruiting officers will not allow any man to be enticed Recruiting officers into the service by false representations, but will, in person, ex- Wl11 explain * plain to every man before he signs the enlistment paper the nature of the service, the length of the term, the amount of pay, clothing, rations, and other allowances to which a soldier is entitled by law. [A. R. 863]. 106. As soon as practicable, the following form of enlistment will be signed by and oath administered to the recruit: State of North Carolina —City or Town of., ss.: Oath. U ., born in .., in the State of ., aged . years and.months, race., and by occupation a., do hereby acknowledge to have voluntarily.enlisted this . day of ... 190.., as a Soldier in 74 REGULATIONS FOR THE N. C. NATIONAL GUARD. Bands. Articles of war read. Real name. False enlistments. Medical examina¬ tion. Company ., Regiment ., National Guard of the State of North Carolina, for the period of three years un¬ less sooner discharged by proper authority; and do also agree to accept from the State of North Carolina such pay, rations, and clothing as are or may be established by law. And I do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America and to the State of North Carolina, that I will serve them honestly and faithfully against all their enemies whomsoever, and that I will observe the orders of the President of the United States,' the Governor of North Carolina, and the orders of the officers appointed over me, according to the Regula¬ tions for the Government of the Armies of the United States and of the North Carolina National Guard. Subscribed and sworn to before me this . day of., A. D. 190.. Recruiting Officer. This oath may be administered by any commissioned officer of the North Carolina National Guard. 107. Members of the regimental band will be enlisted under the supervision of the regimental commander, who may designate by order any commissioned officer of his regiment to act as recruit¬ ing officer, such enlistments to be made under the provisions of this article. 108. Such of the Articles of War as relate specially to the duties and rights of enlisted men and the penalties for military crimes will be plainly read and, so far as necessary, explained to each recruit just before administering to him the oath of enlist¬ ment. Within six days thereafter the Articles of War will be read to the recruit. [A. R. 865]. 109. Enlistment papers will be made on printed forms furnished by the Adjutant-General, and will be executed and disposed of in accordance w r itli his directions. 110. The real name of the recruit will be ascertained, correctly spelled, and written in the same way wherever it occurs, and the Christian name will not be abbreviated. [A. R. 867]. 111. Enlistments or re-enlistments will not be antedated. 112. Should it become known that a recruit had made a false statement concerning his age or touching any fact connected with his medical examination, or enlistment, his commanding officer will forward such information to the Adjutant-General, who may authorize the soldier’s discharge, teitliout honor. 113. The physical examination of recruits will be conducted in accordance with the prescribed orders from the Adjutant-General. REGULATIONS FOR THE N. C. NATIONAL GUARD. 75 ARTICLE XII. TRANSFER OF ENLISTED MEN. 114.. Transfers of enlisted men will be made for cogent reasons only. 115. A transfer will take effect on the date of the receipt of the Transfer to take order at the post where the soldier is serving, and a descriptive effect ’ when - list and account of pay and clothing showing that date will be forwarded to the commanding officer of the company or detach¬ ment to which the soldier is transferred. The actual date of transfer will be stated on the roll upon which the soldier is first paid after transfer. 116. Enlisted men may be transferred from one company to From one company another in the same regiment by the commanding officer of the to another * regiment, from one regiment to another by the brigade com¬ mander. 117. An application for transfer of an enlisted man from one Applications, how organization to another must be made in writing by the soldier made - desiring the transfer; must state the cause, and be accompanied by a certificate of nonindebtedness to his company, and must be forwarded by his immediate commander, through prescribed chan¬ nels, to the officer having the authority to make the transfer. 118. A transfer shall be announced in orders by the officer mak- Announced in ing the transfer, and the soldier transferred shall be furnished orders - with a statement of his military record by his former commander. ARTICLE XIII. FURLOUGHS. 119. Furloughs in the prescribed form. for such periods as Who may grant deemed necessary may be granted to enlisted men when on active furlou ^ hs - duty by the commander of a tactical division, separate brigade, or regimental commander, provided the regimental commander is the highest authority present. Company commanders may grant fur¬ loughs. [A. W. 11]. 120. At encampment or in the field, upon the receipt of a fur- Transportation lough showing clearly the urgency of his case, the authority com- furmshed - petent to grant such furlough may order transportation to be furnished soldier to enable him to reach his destination, provided that transportation will not be issued to any point beyond the limits of the State of North Carolina. 76 REGULATIONS FOR THE N. C. NATIONAL GUARD. Granting fur¬ loughs suspended. How reported. Effects. How dropped. Arrest. 121. The commanding officer of a corps, or of a separate com¬ mand in the field, may suspend the granting of furloughs in any or all organizations within his command whenever, in his opinion, circumstances render it necessary or advisable, or for the best interests of the service. [A. R. 106]. ARTICLE XIV. DECEASED SOLDIERS. 122. When a soldier dies his commanding officer will make, in writing, on the monthly report, a statement of his death, specify¬ ing the date, place, and cause, and forward in the usual'manner. The regimental or battalion commander will note said report on his consolidated monthly report. Discharge certificate will not be furnished in case of death. 123. Any effects of a deceased soldier which may be left in the armory, camp, or other rendezvous of the company, will be care¬ fully collected and turned over by the company commander to the legal representative of the deceased. 124. Any member of the National Guard learning of the death of another member, and having reason to suppose the same has not been already reported, will immediately notify the proper commanding officer of the fact and circumstances. ARTICLE XV. DESERTERS. 125. If a soldier in time of peace habitually absents himself for a period of three months from all drills or parades of his com¬ pany, he will be carried as a deserter, and his commanding officer will furnish a statement setting out all the facts, forwarding same through military channels to the Adjutant-General, who may authorize soldier to be dropped as a deserter. 126. If a soldier when on duty with his company, by order of the proper authority for the suppression of insurrection, preserva¬ tion of the peace, or similar duty, willfully absents himself from his command for more than twenty-four hours, he shall be carried as a deserter, and his commanding officer will take immediate steps to secure such deserter’s arrest. REGULATIONS FOR THE N. C. NATIONAL GUARD. 77 127. Deserters in time of insurrection, or disturbance of the To be tried, peace, when captured, or when voluntarily surrendering them¬ selves, will be brought before a court-martial according to the statutes of North Carolina and the rules and articles of war. 128. Lists of deserters will be published by the Adjutant-Gen- List published, eral, in order for the information of the North Carolina National Guard. 129. A deserter will make good the time lost by desertion, unless Make good lost discharged by competent authority. He will be considered again in the service from the date of his apprehension or surrender; but if a deserter enlists while in desertion, such service shall not be counted as making good time lost by desertion. 130. A deserter will not be restored to duty without trial, ex-How restored to cept by authority competent to order his trial; such restoration, duty ‘ being ordered only in case the desertion is admitted, does not re¬ move the charge of desertion or relieve the soldier from any of the forfeitures attached to that offense; he must make good the time lost by desertion, refund the expenses paid for apprehension and delivery, and forfeit pay while absent. The same authority is competent to set aside a charge of desertion as having been erro¬ neously made and his order to this effect operates to remove the charge of desertion and all stoppages and forfeitures arising there¬ from. 131. Soldiers not charged with crime, discovered to be deserters Deserters from from the army, navy, or marine corps, will be dropped from the army ° r navy ' rolls of the North Carolina National Guard. In such case a report will be forwarded to the Adjutant-General—stating all the facts connected with the case—by the proper commanding officer. ARTICLE XVI. DISCHARGES. 132. To secure the discharge of an enlisted man, except for How secured, expiration of service, the immediate commanding officer will make application to the Adjutant-General for such discharge, setting forth in full the reason therefor. The application will be for¬ warded through official channels for recommendations. If such application is approved by the Adjutant-General, the discharge will be authorized and directed in special order by the Adjutant- General. Upon the receipt of such order, or when an enlisted man’s term of service has expired, the immediate commanding officer will prepare the discharge certificate, certifying to the man’s 78 REGULATIONS FOR THE N. C. NATIONAL GUARD. Without honor. Removal beyond limits of town where armory is located. Must not drop. Administration. character and military record, and submit the discharge certificate to the regimental or separate battalion commander for signature. When signed the certificate will be returned and by the immediate commanding officer delivered to the man. The application for the discharge of a man for physical dis¬ ability must be accompanied by the certificate of a medical officer. Commanding officers, in preparing discharge certificates, will exercise especial care to state plainly the cause for discharge, as well as the authority for the discharge. (Example: “Removed from State, Special Order No.. A. G. O., dated.. 1904,” or “Expiration Term of Service”). 133. Discharges without honor will be given only by order of the commander-in-chief. 134. When a soldier has removed to a place beyond the town adjoining the armory of his company, and his company commander is satisfied that the soldier is unable to attend properly to duty, the company commander may make application for the discharge of such soldier; provided, that the company commander serve notice in writing upon such soldier of his intention to make such application. (Such application to be delivered in person or by registered mail). After this has been done, and at the expiration of seven days, the company commander shall forward such appli¬ cation in the manner prescribed to the Adjutant-General, together with such statement as the soldier may make, with the following form of certificate, endorsed thereon: “I hereby certify that due notice according to regulations has been given the above-named men (or man) entitled to same.” The certificate should appear on the face of the application for discharge above the signature of the company commander. If the removal of the residence of a soldier is out of the 8tate the company commander shall make application for his discharge. 135. Company commanders will not drop the names of men from the rolls until their discharges have been received. ARTICLE XVII. REGIMENTS AND BATTALIONS. 136. In the infantry arm the regiment is the administrative unit. The station of the permanent regimental commander is the headquarters of the regiment. The command of a regiment de¬ volves upon the senior officer on duty with it wherever he may be stationed. Whenever incomplete battalions of the same or differ- REGULATIONS FOR THE N. C. NATIONAL GUARD. 79 ent regiments are serving together the commanding officer may designate provisional battalions. The battalion is a unit for maneuver and instruction; it is not an administrative unit; it has no headquarters, and when serving in the regiment, no records. When battalions are not organized into regiments the regulations will apply thereto when not otherwise specifically provided. 137. A regimental commander should continually labor for the Regimental com- instruction and efficiency of his regiment. He should encourage encourage, among his officers harmonious relations and a friendly spirit of emulation in the performance of duty. His timely interference to prevent disputes, his advice to the experienced and immediate censure of any conduct liable to produce dissension in the regiment or to reflect discredit upon it, are of great importance in securing and maintaining its efficiency. In such efforts he will receive the loyal support of his subordinates. He will supervise the instruc¬ tion of the officers of his immediate command and make an inspection of such command at least once each year. 138. Field officers of the line of the North Carolina National Field and staff. Guard are assigned by the regimental commander to stations or commands where their services are most required, provided troops of their own regiments are serving there, and are assigned to ap¬ propriate duties by the commanding officer. 139. The regimental staff officers are commissioned by the com- How appointed, mander-in-chief upon the recommendation of the regimental com¬ mander. 140. The following named books and papers will be kept in each Books and papers, regiment: An order book, a correspondence book with index, a regimental fund book, and a descriptive book, furnished by the Adjutant-General; all orders, circulars and instructions from higher authority, returns, muster and' pay rolls of the regimental non-commissioned staff and band, reports of drills of companies, other regimental returns and reports, and all correspondence con¬ cerning the regiment or affecting its personnel, all returns of the personnel of the regiment, and the general and special orders and circulars of the Adjutant-General’s department, and such general orders and circulars of the War Department as affect the organ¬ ized militia, will be permanently preserved. 141. The non-commissioned officers of bands will be appointed Bands, by the commander of the organization to which bands are attached. 142. Commanding officers will require bands to play national “star Spangled and patriotic airs on appropriate, occasions. The playing of “The Banner -” Star Spangled Banner” as a part of a medley is prohibited. [A. R. 255]. 80 REGULATIONS FOR THE N. C. NATIONAL GUARD. Detailed to take command. N on-commissioned officers. How appointed. Reduction to ranks. Lance corporals. First sergeant. ARTICLE XVIII. TROOPS, BATTERIES AND COMPANIES. 143. In the absence of all the officers of a company the regi¬ mental commander may assign an officer, preferably of the same regiment, to its command. If there be no officer available the fact will be reported to the Adjutant-General. 144. Captains will require their lieutenants to assist in the per¬ formance of all company duties, including the keeping of records and the preparation of the necessary reports and returns. [A. R. 260]. 145. Non-commissioned officers will be carefully selected and instructed, and always supported by company commanders in the proper performance of their duties. They will not be detailed for any duty nor permitted to engage in any occupation inconsist¬ ent with their rank and position. Officers will be cautious in re¬ proving them in the presence or hearing of private soldiers. [A. R. 261]. 146. Company non-commissioned officers are appointed or re¬ duced to the ranks by company commanders, subject to the ap¬ proval of the regimental commander. Upon the appointment or reduction to the ranks of any non-commissioned officer, cook, artificer, musician, trumpeter, wagoner or saddler, company com¬ manders will forward to the regimental commander a copy of the order making such appointments or reductions, and will note same on the monthly report. 147. A non-commissioned officer may be reduced to the ranks by the sentence of court-martial; if reduced to the ranks by sen¬ tence of court-martial the company commander will forward a transcript of the order to the Adjutant-General. The transfer of a non-commissioned officer from one organization to another car¬ ries with it reduction to the ranks. The desertion of a non-com¬ missioned officer vacates his position from the date of his unau¬ thorized absence. 148. To test the capacity of privates for the duties of non¬ commissioned officers company commanders may appoint lance corporals, who will be obeyed and respected as corporals, but no company shall have more than one lance corporal at a time, unless there are non-commissioned officers absent by authority, during which absence there may be one for each absentee. [A. R. 263]. 149. The captain will select the first sergeant, quartermaster sergeant, and stable sergeant from the sergeants of his company, and may return them to the grade of sergeant without reference to higher authority. [A. R. 264]. REGULATIONS FOR THE N. C. NATIONAL GUARD. 81 150. Each non-commissioned officer will be furnished with a Warrants, certificate or warrant of his rank, signed by the division, brigade, regimental or battalion commanders, as the case may be, and coun¬ tersigned by the Adjutant-General or adjutant, but a separate war¬ rant will not be given to first sergeant, quartermaster sergeant, or stable sergeant. A warrant issued to a non-commissioned officer is his personal property. Warrants need not be renewed in case of re-enlistment in the same company, if re-enlistment is made the day following the day of discharge, but will remain in force until vacated by promotion or reduction, each re-enlistment and continu¬ ance to be noted on the warrant by the company commander. 151. The following named books and papers will be kept in Books and papers, each company: An order book, a correspondence book with index, a company treasurer’s book, a sick report book, a morning report book, and a property and descriptive book. These books are fur- ljished by the Adjutant-General. There shall be kept the complete record, description and accounts of all men belonging or who have belonged to the company. There will also be kept orders and instructions received from higher authority, returned copies of various rolls, reports, and returns, required by regulations and orders, and all letters and correspondence affecting the personnel of the company. 152. Company, band and detachment commanders will make a Interior economy complete inspection of their organizations every month. of companies. 1 53. The company commander will cause the enlisted men of Squaded. the company to be numbered and divided into squads, each under the charge of a non-commissioned officer. 154. Company commanders will see that all public property in possession of enlisted men is kept in good order, and that missing or damaged articles are duly accounted for. 155. Company commanders are responsible for text-books and other official publications issued to their company. [A. R. 282]. 156. Enlisted men will not take their arms apart except by Mutilating arms permission of a commissioned officer under proper supervision, and P rohibited - only in the manner prescribed in the descriptive pamphlet of the arms issued by the Ordnance Department, United States Army. The polishing of blued or browned parts of small arms, reblueing or rebrowning, putting any portion of an arm in a fire, or remov¬ ing a receiver from a barrel, is prohibited. The mutilation of any part by filing or otherwise, and attempt to beautify or change the finish, are prohibited. Pieces will be unloaded before taken to quarters or tents, and as soon as the men using them are relieved from duty, unless otherwise ordered. The use of tompions in 0 82 REGULATIONS FOR TIIE N. C. NATIONAL GUARD. Polishing equip¬ ment. Fitting equipment. Marking equip¬ ment. Messing and cook¬ ing. small arms is forbidden. The prohibition in this paragraph of attempts to beautify or change the finish of arms in the hands of enlisted men is not construed as forbidding the application of raw linseed oil to the wood parts of the arms. This oil is considered necessary for the preservation of the wood, and it may be used for such polishing as can be given by rubbing in one or more coats when necessary. The use of raw linseed oil only will be allowed for redressing, and the application for such purpose of any kind of wax or varnish, including heelball, is strictly prohibited. 157. It is forbidden to use any dressing or polishing material on the leather accouterments or equipments of the soldier, all horse equipments and harness, except the preparations supplied or authorized by the Quartermaster-General. 158. Equipments will be fitted to the men under the direction of an officer; all other changes are prohibited. [A. R. 285]. 159. Articles of public property issued to a company for its exclusive use will, when practicable, be marked with the letter or number of the company and number and arm of the regiment. Such articles issued to an enlisted man (arms and clothing ex¬ cepted) will, as far as practicable, be marked with the number of the man, letter or number of the company, and number of the regi¬ ment. Haversacks, canteens, and similar articles of equipment will be uniformly marked on the outside, as follows: Cavalry, crossed sabers with letter of company above and number of regi¬ ment below the intersection; infantry, crossed rifles with letter of company above and number of regiment below the intersection; artillery, crossed cannons with the number of the company or bat¬ tery at the intersection of the cannons; the special corps of the Army, according to their respective devices. The design will be stenciled in black, the letters and numbers in full-faced charac¬ ters. The design will be placed above the letters “U. S.” on equip¬ ments, and the soldier’s number in characters one inch high below the letters “U. S.” Articles will not be marked with the number of the men in the Hospital and Signal Corps. [A. R. 286]. 160. Kitchens will be under the immediate charge of a commis¬ sioned officer, who will be held responsible for their condition and the proper use of rations, and he will inspect and supervise the proper issuing of each meal. No one will be allowed to visit or remain in the kitchen except those who go there on duty. The greatest care will be observed in cleaning and scouring cooking utensils. 161. Special regulations for subsistence cannot be made to suit every case and circumstance when troops are in the annual en¬ campment or on active duty in aid of civil authority. Personal REGULATIONS FOR THE N. C. NATIONAL GUARD. 83 care and judgment on the part of company officers are relied on to prevent waste or misuse. In camp or other active service the Mess furniture, mess furniture of a soldier will be limited to one tin cup, knife, fork, spoon and meat can, or such other article as the ordnance department may provide. ARTICLE XIX. COUNCILS OF ADMINISTRATION. 162. Regimental and company councils of administration are Powers, assembled to audit the regimental and company funds, respect¬ ively; to ascertain and examine the sources from which, and methods by which, they have accrued; to recommend expenditures therefrom, and to conduct the civil affairs of their commands. 163. The regimental council of administration may consist of How organized, any three officers of the field and staff other than the regimental commander, to be appointed by the regimental commander. The company council will consist of all officers present for duty with the company. The council of administration for the medical de¬ partment shall consist of the three senior medical officers on duty at the stations of Hospital Corps organizations, or as many as are available if less than three. 164. At the close of each quarter, and oftener when necessary, how convened, the company council of administration will convene, to audit the accounts and balance the treasurer’s books. The records of the proceedings of the council shall be entered in the treasurer's book, immediately following the balance; the balance will then be carried forward. The following, or a similar form of order, will be issued: “Armory Company.. Third Infantry, N. C. N. G., Raleigh, N. C., .190.. “Order No. The council of administration of Company 3d Infantry, N. C. N. G., will convene at the armory on the 30th day of Sep tember, 190 .., at.o’clock.M., for the purpose of auditing the company fund accounts and to transact such other business as may properly be brought before it. Captain Co .. Third Infantry, N. C. N. G., Commanding." The record of the proceedings and findings will be in the follow¬ ing or similar form: 84 REGULATIONS FOR THE N. C. NATIONAL GUARD. Proceedings. Treasurer elected. New treasurer will receipt. Approval of. “Armoby Company.. Third Infantry, N. C. N. G., Raleigh, N. C., .190.. The company council of administration met pursuant to the fol¬ lowing order: (Quote the order in full). All members present (of such officers absent, giving reasons why). The accounts of the treasurer were examined and found (here state condition, make recommendations, etc.). There being no further business, the council adjourned. President. Recorder. . Member.” 165. The junior member of each council will record the proceed¬ ings in the treasurer’s book, to include a written certificate of the responsible officer that the funds are on deposit in a reputable banking institution named in the certificate, or a statement signed by an officer of said banking institution showing the balance on hand, will be exhibited the council, which proceedings will be signed by all the members of the council. Those of the regimental council will be submitted to the regimental commander, who will sign his approval or note objection on the council on the treas¬ urer’s book; should he disapprove the proceedings and the council, after reconsideration, adhere to its conclusion, a copy of the pro¬ ceedings will be sent to the Adjutant-General, whose decision upon all questions not involving pecuniary responsibility will be final, and will be entered in the treasurer’s book. In proceedings of company councils the regimental commander will decide disagree¬ ments, but an appeal may be taken to the Adjutant-General. 166. At the meeting of September 30th, each year, each com¬ pany council will select one of its members, and each regimental council a field or staff officer to serve as treasurer of the fund for his organization, who shall give bond according to law to faith¬ fully and honestly discharge his duties according to law and regu¬ lations and the resolves of the council of administration. A com¬ pany commander' shall not be treasurer when there is another officer with the company. 167. Whenever a new treasurer has qualified he will receipt for the balance on hand, and a duplicate of this receipt will be for¬ warded, through military channels, to the Adjutant-General. 168. The commanding officer who approves the appropriations of a council, and in the matter of the company fund the company commander, will be held responsible for all expenditures not made in accordance with regulation. [A. R. 316]. REGULATIONS FOR THE N. C. NATIONAL GUARD. 85 169. The council will designate a depository for the safe-keep-Depository, ing of the funds, and every expenditure will be made pursuant to a previous vote of the council, duly recorded. Payments will be made on vouchers furnished by the Adjutant-General. 170. The fund will be disbursed exclusively for the benefit of Officers must not the organization to which it pertains, and will not be used for the use ' purchase of officers’ uniforms or equipments. 171. Accounts of officers for expenses incurred by them in the interest of their organizations must set forth in full the necessity of such expenses, itemizing the latter. 172. All debts must be promptly paid, and the contracting of debts in excess of available funds is prohibited. 173. In case of loss of regimental or company funds, the cir- Loss of company cumstances will be carefully investigated and reported by the funds - council, with recommendation as to responsibility. 174. The commanding officer will cause a copy of the proceed¬ ings of the council to be posted in the armory or headquarters for a period of thirty days. 175. Post or regimental exchanges may be conducted at any Post or regimental camp, which shall be under the direction of the commanding offi- exchan ® es * cer thereof. Same to be conducted in conformity to the rules and regulations of the United States Army governing post exchanges. 176. The sale of spirituous, vinous or malt liquors in any post saie of intoxi- exchange at any camp of the North Carolina National Guard is prohibited 01 ^ 8 prohibited. article xx. ROSTER, DETACHMENTS AND DAILY SERVICE. 177. A roster is a list of officers or men for duty, with a record The roster, of the duty performed by each. Generally details for duty are so made that the one longest off is the first for detail. Details so made are said to be made by roster. [A. R. 359]. 178. All details for service in garrison and in the field, except Details, the authorized special and extra-duty details, will be by roster; but officers or enlisted men when detailed must serve whether a roster be kept or not. [A. R. 360]. 179. The duties performed by roster are of two classes. The Duties; two first comprises (a) outposts; (6) interior guards, including stable classes - guards; (c) detachments to protect laborers on military works; (d) armed working parties on such works. Soldiers march armed and, if necessary, fully equipped on all duties of this class. The second class comprises all other duties and fatigue, in or out of 86 REGULATIONS FOR THE N. C. NATIONAL GUARD. Separate rosters. Outposts and inte¬ rior guards. Details by roster. Officer detailed and not present. Duties. No duties required until four hours after being relieved. Signal corps ex¬ empt from duty, when. the garrison or camp. The rosters are distinct for each class. [A. R. 361]. 180. Lieutenant-colonels and majors are on one roster, and may be detailed when the importance of the duty requires it. In the field their roster is kept at division and brigade headquarters. Captains form one roster, and are exempt from ordinary fatigue duties. Lieutenants form one roster, but when conditions make it advisable captains and lieutenants may be placed on one roster, or one or more of the senior lieutenants may be placed on the captains’ roster. Sergeants, corporals, musicians, and privates form distinct rosters. [A. R. 362]. 181. Unless otherwise ordered by the commanding officer, offi¬ cers, non-commissioned officers, and privates take duties of the first class in the order stated in paragraph 179, viz., the first for detail takes the outposts, the next the interior guards, and so on. In those of the second class the senior officer takes the largest party. The party first for detail takes the service out of camp. [A. R. 363]. 182. In making details by roster, an officer or enlisted man is each day charged with the number of days that he has remained present and available since the beginning of his last tour. De¬ partures from this rule may be authorized by the commanding officer whenever a strict application would allow improper advan¬ tage or work hardship. [A. R. 364]. 183. When an officer has been detailed and is not present or available at the hour of marching, the next after him takes the duty. When an outpost has passed the chain of sentinels, or an interior guard has reached its post, the officer whose tour it was cannot take it unless so ordered by the commanding officer. [A. R. 365]. 184. Duties of the first class are credited on the roster when the guards or detachments have passed the chain of sentinels or an interior guard has reached its post; other duties, when the parties have entered upon their performance. [A. R. 366]. 185. An officer or enlisted man on duty of the first class, or who is next for detail for such duty, is available, when relieved, for duty of the second class that has fallen to him during that time. Except in emergencies no duty will be required of the old officer of the day or the old guard until four hours after they have been relieved. [A. R. 367]. 186. Detachments of the Signal Corps shall be exempt from detail for any other duty, except when in the judgment of the commanding officer the importance of the duty will not permit exemption. [A. R. 369]. REGULATIONS FOR THE N. C. NATIONAL GUARD. 87 187. As far as the exigencies of the service will permit, detach¬ ments for armed service will be formed by taking battalions, com¬ panies, platoons, or other subdivisions in turn, according to the roster. [A. R. 370]. 188. Officers or enlisted men detailed for detached service while Detachments, on other duty will be relieved from that duty, if practicable, in time to march with the detachment. [A. R. 371]. , 189. When a detachment is to be formed from the different Detachments, how organizations of a command the adjutant or Adjutant-General orgamzed - forms its contingent, verifies the details, and sends it to the place of assembly, or turns it over to the detachment commander. [A. R. 372]. 190. Wh6n detachments meet, the command is regulated while Senior officers can- they serve together as if they formed one command, but the senior not prevent - officer cannot prevent the commander of any detachment from moving when he thinks proper to execute the orders he has re¬ ceived. [A. R. 373]. 191. On the return of a detachment its commander reports to the headquarters from which he received his orders. [A. R. 374]. 1 92. There will be daily at least two roll-calls, viz.: At reveille Daily service, and retreat. Commanding officers may also order roll-calls in special cases at such times as they deem necessary. The roll will be called on the company parade by the first sergeant, superin¬ tended by a commissioned officer. Ordinarily there will not be any formation for roll-call at tattoo, but the prescribed signal will be sounded, and fifteen minutes thereafter lights will be extin¬ guished and all noise and loud talking will cease. Call to quarters will be sounded at the designated time, and fifteen minutes later taps. At taps all lights not authorized by the commanding officer will be extinguished and the first sergeant or other non-commis¬ sioned officer, as the company commander may direct, will inspect each company and report to the officer of the day the names of all unauthorized absentees. Reveille roll-call will, ordinarily, not take place earlier than 5:30 A. M. 193. Except at the ceremony of parade, the result of a roll-call Roll-call, how will be reported after the companies have been dismissed, to the reported * officer superintending the call, who will report the result to the commanding officer. [A. R. 377]. 194. In camp and garrison the commanding officer fixes the Commanding offi- hours for reports, issues, and roll-calls, and for the performance rIjOTts S etc UrS f ° r of stated duties and fatigues. In garrison, retreat will be not later than sunset. The signals will be sounded by the field musi¬ cians in accordance with authorized drill regulations. [A. R. 378]. 88 REGULATIONS FOR THE N. C. NATIONAL GUARD. Policing quarters. Honors. Colors or stand¬ ards, how saluted. Must stand at attention. No honors paid by troops on march. 195. After breakfast, and after stable duty in the mounted service, the tents or quarters and adjacent grounds will be policed by the men of the companies and the guard-house or guard-tent by the prisoners, or by members of the guard, if there be no prisoners. [A. R. 379J. ARTICLE XXL HONORS, COURTESIES AND CEREMONIES. 196. The officers named below will be received with standards and colors dropping, officers and troops saluting, and the bands and field music playing, as follows: The President, the Presi¬ dent’s March; the General, the General’s March; the Lieutenant- General, trumpets sounding three flourishes or drums beating three ruffles; a major-general, two flourishes or two ruffles; a brigadier-general, one flourish or one ruffle. [A. R. 380]. 197. To the Vice-President, the members of the Cabinet, the Chief Justice, the President of the Senate, the Speaker of the House of Representatives, American or foreign ambassadors, and Governors within their respective States and Territories the same honors are paid as to the General; to the Assistant Secretary of War and to American or foreign envoys or ministers, the same honors as to the Lieutenant-General; to officers of the Navy the honors due to their relative rank; to officers of marines and volun¬ teers, and militia when in the service of the United States the honors due to like grades in the regular service; to officers of a foreign service the honors due to their rank. [A. R. 381]. 198. The national ©r regimental color or standard, uncased, passing a guard or other armed body will be saluted, the field music sounding “to the color,” or “to the standard.” Officers or enlisted men passing the uncased color will render the prescribed salute; with no arms in hand, the salute will be made by uncover¬ ing. [A. R. 382]. 199. Whenever “The Star Spangled Banner” is played by the band on a formal occasion at a military station, or at any place where persons belonging to the military service are present in their official capacity, all officers and enlisted men present will stand at attention. The same respect will be observed toward the national air of any other country when it is played as a compli¬ ment to official representatives of such country. [A. R. 383]. 200. No honors are paid by troops when on the march or in trenches, except that they may be called to attention, and no salute EEGULATIONS FOE, THE N. C. NATIONAL GUARD. 89 is rendered when marching in double time or at the trot or gallop. [A. R. 384]. 201. The commanding officer is saluted by all commissioned offi- Commanding offi¬ cers in command of troops or detachments. Troops under arms cer to be saluted - will salute as prescribed in drill regulations. [A. R. 385]. 202. All officers salute on meeting and in making or receiving officers salute on official reports. Military courtesy requires the junior to salute meetin £- first, but when the salute is introductory to a report made at a military ceremony or formation to the representative of a common superior—as for example, to the adjutant, officer of the day, etc.— the officer making the report, whatever his rank, will salute first; the officer to whom the report is made will acknowledge by salut¬ ing, that he has received and understood the report. When under arms the salute is made with the sword or saber, if drawn; other¬ wise with the hand. A mounted officer dismounts before address¬ ing a superior not mounted. [A. R. 386]. 203. On official occasions officers, when indoors and under arms, when indoors, do not uncover, but salute with the sword if drawn; otherwise with the hand. If not under arms, they uncover and stand at attention, but do not salute except when making or receiving re¬ ports. [A. R. 387]. 204. When an enlisted man, without arms, passes an officer he Enlisted men with- salutes with the hand farthest from the officer. If mounted he out arms ' salutes with the right hand. Officers are saluted whether in uni¬ form or not. [A. R. 388]: 205. An enlisted man, armed with the saber and out of ranks, Enlisted men salutes all officers with the saber if drawn; otherwise he salutes with the hand. If on foot and armed with a rifle or carbine, he mak'es the rifle or carbine salute. A mounted soldier dismounts before addressing an officer not mounted. [A. R. 389]. 206. A non-commissioned officer or private in command of a detachment without arms salutes all officers w T ith the hand, but if the detachment be on foot and armed with the rifle or carbine, he makes the rifle or carbine salute, and if armed with a saber he salutes with it. [A. R. 390]. 207. An enlisted man, if seated, rises on the approach of an Soldiers at work do officer, faces toward him and salutes. If standing, he faces the not salute * officer for the same purpose. If the parties remain in the same place or on the same ground, such compliments need not be re¬ peated. Soldiers actually at work do not cease work to salute an officer unless addressed by him. [A. R. 391]. 208. An enlisted man makes the prescribed salute with the weapon he is armed with, or if unarmed, whether covered or un¬ covered, with the hand, before addressing an officer. He also makes the same salute after receiving a reply. [A. R. 392]. 90 REGULATIONS FOR THE N. C. NATIONAL GUARD. Salutes with can¬ non. 209. Indoors, an unarmed enlisted man uncovers and stands at attention upon the approach of an officer; he does not salute unless he addresses or is addressed by the officer. If armed he salutes as heretofore prescribed, without uncovering. [A. R. 393]. 210. When an officer enters a room where there are soldiers, the word “Attention” is given by some one who perceives him, when all rise and remain standing in the position of a soldier until the officer leaves the room. Soldiers at meals do not rise. [A. R. -394]. 211. Soldiers at all times and in all situations pay the same compliments to officers of the Army, Navy, Marine Corps, and volunteers and to officers of the organized militia in uniform as to officers of their own regiment, corps, or arm of service. [A. R. 395]. 212. Officers will at all times acknowledge the courtesies of enlisted men by returning salutes given, in the manner prescribed in drill regulations. When several officers in company are saluted, all who are entitled to the salute return it. [A. R. 396]. 213. Salutes with cannon will be fired under charge of commis¬ sioned officers, who shall be present at the firing and direct it. Guns using metallic-case ammunition will be used whenever practi¬ cable ; in their absence other breech-loading guns should be prefer¬ ably used. Muzzle-loaders will not be used. For breech-loaders using cartridge bags, the bags will be made of silk, measuring in length at least one and one-half times their diameter, and care will be taken that the sponges are not worn, and that they thor¬ oughly fill the chamber or bore of the gun, and when the same gun is fired more than once, that the intervals between the dis¬ charges are sufficient to allow the chamber or bore to be thor¬ oughly sponged and chamber examined. Unless all of these condi¬ tions be fulfilled salutes will not be fired with this class of guns. 214. Salvos are simultaneous discharges from several cannon; they correspond to volleys of musketry and are fired by way of salute only over the graves of officers at the time of burial. The order designating a funeral escort prescribes whether the fire shall be three volleys of musketry or three salvos of artillery. [A. R. 400]. 215. Salutes will be fired between sunrise and sunset only, and* as a rule, not on Sunday unless required by international courtesy. The national flag will always be displayed at the time of firing a salute. [A. R. 401]. 216. The national salute is twenty-one guns. It is also tho salute to a national flag. National salutes. REGULATIONS FOR THE N. C. NATIONAL GUARD. 91 When in camp the salute to the Union, commemorative of the Declaration of Independence and consisting of one gun for each State, is fired at noon on July 4, at every post provided with suit¬ able artillery. [A. R. 402]. 217. The President, both on his arrival at and departure from a Personal salutes, military post, or when in its vicinity, receives a salute of twenty- one guns. No other personal salute is fired in his presence. The sovereign or chief magistrate of a foreign country receives the salutp prescribed for the President; members of a royal family receive the salute due their sovereign. An ex-President of the United States receives a salute of twenty- one guns. The Vice-President receives a salute of nineteen guns. When officials other than those named visit military posts, they receive salutes as follows: Guns. President of the Senate, and American or foreign ambassadors, 19 Members of the Cabinet, the Chief Justice* the Speaker of the House of Representatives, a committee of Congress officially visiting a military post, Governors within their respective States or Territories, or a governor-general, and the civil governor of the Philippine Islands. 17 The Assistant Secretary of War or the Assistant Secretary of the Navy, when officially visiting a military post; the vice- governor of the Philippine Islands, and American or foreign envoys or ministers.. 15 Ministers resident accredited to the United States. 13 Charges d’affaires . 11 Consuls general accredited to the United States. 9 The General .. 17 The Lieutenant-General . 15 Major-General . 13 Brigadier-General . 11 The term “governor-general” shall be taken to mean an admin¬ istrative officer under whom officers with the title of governor are acting. [A. R. 404]. 218. As a rule, a personal salute is to be fired when the per- Salutes, when sonage entitled to it enters a post. fired ‘ When several persons, each of whom is entitled to a salute, arrive together at a post, the highest in rank or position is alone saluted. If they arrive successively, each is saluted in turn. An officer assigned to duty according to his brevet rank is enti¬ tled to the salute prescribed for the grade to which he is assigned. 92 REGULATIONS FOR THE N. C. NATIONAL. GUARD. Troops to be paraded. Visits. Escorts of honor. A retired general officer making an official visit is saluted according to his rank. An officer, whether civil, military, or naval, holding two or more positions, either of which entitles him to a salute, receives only the salute due to the highest grade. In no event is the same per¬ son to be saluted in more than one capacity. Personal salutes at the same place and in compliment to the same person, whether civil, diplomatic, military, or naval, are never to be fired oftener than once a year, unless such person shall have been in the meantime advanced in rank. [A. R. 405]. 219. Officers of the Navy are saluted according to their relative rank; officers of marines and of the volunteer forces or militia in the service of the United States, and officers of foreign services, are saluted according to rank. [A. R. 406]. 220. When a civil functionary entitled to a salute arrives at a military post, the commanding officer meets or calls upon him as soon as practicable, and will tender him a review if the garri¬ son consists of not less than four companies. When a general offi¬ cer visits a post within his command the troops will be paraded for review, unless he directs otherwise. When a salute is to be given an officer junior to another present at a post, the senior will be notified to that effect by the commanding officer. [A. R. 407]. 221. In addition to the foregoing, occasions of a public nature frequently arise when salutes are both desirable and proper. Or¬ ders will be given in such cases. [A. R. 408]. 222. The flag of a military post will not be dipped by way of salute or compliment. [A. R. 409]. 223. ..Officers arriving at the headquarters of a military com¬ mand, or at a military post, will call upon the commander thereof as soon as practicable and register their names. If the visiting officer be senior to the commander, the former may send a card, in which case it becomes the duty of the commander to make the first call. [A. R. 410]. 224. Escorts of honor may be composed of any or of all arms, according to the circumstances. They are detailed for the purpose of receiving and escorting personages of high rank, civil and mili¬ tary, when they arrive and depart. The troops for this purpose will be selected for their soldierly appearance and superior disci¬ pline, and are formed and maneuvered as prescribed in the author¬ ized drill regulations. The post commander in each case will detail an officer to attend the personage escorted, and to bear com¬ munications from him to the commander of the escort. [A. R. 419]. REGULATIONS FOR THE N. C. NATIONAL GUARD. 93 225. On the receipt at the State capital of official notice of the Gun to be fired every half hour. death of the President of the United States, the commanding offi¬ cer of the post will, on the following day, cause a gun to be fired every half hour, beginning at sunrise and ending at sunset. [A. ft. 420]. 226. When the funeral of an officer, who was entitled to a Funeral salutes, salute, takes place at or near a military post, minute guns will be fired while the remains are being borne to the place of interment, but the number of guns will not exceed that to which the officer was entitled as a salute. After the remains are deposited in the grave a salute corresponding to the rank of the deceased will be fired, in addition to three salvos of artillery or three volleys of musketry. [A. R. 422]. 227. On the death of an officer at a military post the flag is Flag at half-staff. displayed at half-staff and so remains, between reveille and re¬ treat, until the last salvo or volley is fired over the grave; or if the remains are not interred at the post, until they are removed therefrom. [A. R. 425]. 228. During the funeral of an enlisted man at a military post the flag is displayed at half-staff. It is hoisted to the top after the final volley or gun is fired, or after the remains are taken from the post. The same honors are paid on the occasion of the funeral of a retired enlisted man. [A. R. 426]. 229. All military posts in sight of each other display their flags at half-staff upon the occasion of one doing so. The same rule is observed toward all vessels of war. [A. R. 427]. 230. When the flag is displayed at half-staff it is lowered to Flag at half-staff, that position from the top of the staff. It is afterwards hoisted how lowered - to the top before it is finally lowered. [A. R. 428]. 231. The funeral escort of an officer will be commanded by an Funeral escorts, officer of the same grade; if none such be present, by one of the next lower grade available. The ceremony is prescribed ire the drill regulations. [A. R. 430]. 232. The funeral escort of a non-commissioned staff officer will Funeral of non- consist of sixteen men, commanded by a sergeant; of a sergeant, officer! &1» . _ T5 S^ « ft . £ S3 ©OP 'Soo u - & K. © 43 3? on 35S : IJjOjj O hfl . gjfc Jed (3 S . ££ o •• ft S s°l 242 13 M -3 +3 d C W S a) o "£ 'Sgo & 02 Op P © O 2.0 h S— ® £ £ o 0) s. . P «« Sft *© dS .42 °£ d T3 y-S K © c 3 C 02 ^2" tt §«!&a .os . . 02-3 . 02 ^2 dSS|-|SfcS p c P^c^dl d'Z.ldiaSS ZS SZ.sS'S - ; »|dl 3 o'S P «5 |^ Q, 0) +J U CO C3 “§zl° p p c 1 ^1 g po | ^ c 5 ^ p 2 'C.c p 3 > C > s • s £0 u . 3?3 C S S >7 P P “■sSS” ^; | - | pp' 2 ! ai -p E-5 73 a >, N P rNPnJ V : r r C 0 cd« © .u *5 12 2 'S P.p'tt m n 55 Cp ffi 0 42 C ^ .T3nOT3 . 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Back of fourth fold. 112 REGULATIONS FOR THE N. C. NATIONAL GUARD. so as to leave sufficient space for the successive stamps above. In the same manner the date on which a paper is received back is to be noted in red ink below the indorsement referring it, thus: “Received back-, 1904, with report,” or “with report and- inclosures,” if such is the case. 300. The number given the communication by the office at which it is first received should be placed about % inch from the top of the first fold, thus: “5—1904, G, 2d X. C. Inf.,” and the num- III « M S 'S c8 & O S3 u d rH % ® i— T * rC rt o -*-> £3 u c > $ H c 2 P3 . d) s z .a §6 2 £ C -j-> q; a ” t 3 9 ^ M O ^ ^ Q > S s ” if •'5 m ^ >> S ^ ^5 § 6 o g £ 5 « a ajli 3 •£ pq 5 : o u dS „ d b 2 5 - & a m hn V *-• S 5 'g pq tf 8 z s > £ ■5 w S S " ft 3 b ► +3 c C c3 r C ° CM O rg p, ffi s « %■£ O 2 TO f * W c3 s s ° «j 9 g a