Page:United States Statutes at Large Volume 25.djvu/820

 FIFTIETH CONGRESS. Sess. II. Ch. 328. 1889. 775 ELECTION, APPOINTMENT, AND DISCHARGE OF COMMISSIONED OFFI-€`0m¤¤iSSi<>¤¢d <>¤°·· cERs. °""S‘ Sec. _19. That all officers shall be commissioned by the President of C°“‘“““‘°'*· th€.U111t9d States. In time of peace, or when not in the service of the ‘ United States, they Shall previously be elected or nominated as herein prov1ded. No person commissioned as a11 officer shall assume such rank; or enter upon the duties of the office to which he may be comm1ssioned, until he has accepted such commission and taken such oath Omb- 0r affirmation as may be prescribed. Sec. 20. That the staff officers of a regiment or battallion shall be SMF <>m<>€¤· nominated by the permanent commander thereof. Sec. 21. That lie d officers of regiments or battallions shall be nomi- mid <>m¤·>¤· nated by the commanding general. Captains and lieutenants of com- C°”‘P*mY °m°‘>”· panies shall be elected by the written votes of the enlisted men of the respective companies. Sec.  That elections of officers shall be ordered and held under E*°°“°¤$- such regulations as may be prescribed by the commanding general. Sec.  That every person accepting an election or nomination as Ex“mi“*“*°”S· an officer shall appear before an examining board, to be appointed — by the commanding eneral, which board shall examine sa1d)of7icer as to his military and other qualifications. If any officer shall fail to appear before the board of examination within thirty days after being notified, or shall fail to pass a satisfactory examination, the fact shall be certified by the board to the commanding general, who shall thereupon declare the election or nomination of such officer null and void. f, in the o inion of the board such officer is competent, and otherwise qualifziedl they shall certify the fact to the commanding general, who shall thereupon recommend him to the President for commission. Sec. 24. That a commissioned officer may be honorably dis- D“°*"“g°S· charged- Upon tender of resignation; Upon disbandinent of the organization to which he belongs; Upon report of a board of examination, or for failure to appear before such board when ordered. He may be dismissed upon the sentence of a court-martial; conviction in a court of justice of an infamous offense. THE APPOINTMENT AND REDUCTION OF NON-COMMISSIONED OFFICERS. 0d`§g:;j°""*‘*‘*“$i°“*d SEC 25. That non-commissioned staff officers shall be appointed by A1’1"’i*"'**°*“· the permanent commander of the organization to which they belong; and permanent commanders of battalions shall appoint the non-commissioned officers of companies. upon the written nomination of the respective captains; but they may withhold Such appointment if. in their judgment, there be >roper cause; nem-commissioned officers of unattached companies shaIll be appointed by there respective captains. The permanent commander of any battalion or unattached company may reduce to the ranks any company non-commissioned officers of his vonnniand. ENLISTMENT AND DISCHARGE OF SOLDIERS. E““S*m“¤°· SEP. 245. Enlistment in the National Guard Shall be for the t€1`l11 of T°"'“_· three years; l’roz·i¢l~l, heave vcr. That any soldier who may have P"°*"S°- received an honorable discharge. by reason of the expiration of his term of service, may. within thirty days thereafter. re-inlist for a R€*>¤“S¤m*=¤°· term of one. two, or three years, to date from the expiration of his previous term. All terms of service. except in case ot re-inlistment. shall commence at noon on the day of enlistment, and expire at noon on the day of discharge.