Page:United States Statutes at Large Volume 35 Part 1.djvu/648

 SIXTIETH CONGRESS. Sess. II. Crr. 146. 1909. 63] "SEo. 19. That whenever, in the 0 inion of the commandin en- lThYSi°°l» °'·°- °¤· eral of the militia of the District of Columbia, an officer of thi lsiaid mmtm °f °d°m' militia has become incapacitated for the performance of duty for ag reason, the commandingvgeneral shall submit the name of such o cer to the Secretary of ar, with a view to his bein ordered before a board of examination, to be appointed by the Secreta of War, which board shall examine said officer as to his physicsii: mental, and military ualifications. "If any officer shall fail to appear before a board of examination d,$”***°¤*¤ *0 Presiso appointed within thirty days after being notified, or shall fail to ` poass a satisfactory examination, the fact shall be certified by the ard to the commanding general, who shall forward the record of examination to the' Secretary of War, with his recommendation thereon, for submission to the President. _ "SEo. 20. That an commissioned officer in the National Guard of ,,,§§,'j§,§.“,§,°,‘}{,,,,'f‘*‘°’ the District of Columbia who shall have served as such in the National Guard of the District of Columbia for the continuous eriod of ten years may, upon his own application, be placed by iihe President of the United States upon a retired list, which is hereby authorized, with the rank held by him at the time such application is made: Provided, however, That an officer so retired who at the time of making  ,.mk_ such application has remained in the same grade for the continuous period of ten years, or whose services have been especially meritorious, may be retired with increased rank of one grade and shall before being so retired, receive from the President of the United _ Statu the commission of the new grade: Provided further, That ,,,§f‘,};°,,§‘j,‘}‘{;§‘”‘ whenever any officer on the active list reaches the age of sixty-four years he shall be retired; with or without increase of rank m the discretion of the President of the United States. Retired officers on ';*_¢f{$_gfg¤¤¤ct¤;¤•v occasions of ceremony may, and when acting rmder orders, as herein- m" ` after provided, shall wear the uniform of the highest rank attained 4 by them in the military service of the United States, the militia of the States or Territories, or the National Guard of the District of Columbia. Retired officers shall be eligible to perform any military Mgggziceton military dut to the same extent as if not retired, and the commanding gen- '° °` eraly may, in his discretion, by order, require them to serve upon military boards, courts of inquiry, and courts-martial, or to perform any other special or temporary ( uty, and for such service the shall receive the same pay an allowances as are provided by law fiir like *"*"“‘*"""“'““°°’· service by officers on the active list of the National Guard of the District of Columbia. All retired officers shall be amenable to court- m¢y":)${];,‘£s ‘°' mm' martial for military offenses to the same extent as if upon the active ` list of the National Guard of the District of Columbia. The names of all officers of retired rank shall be bome upon a separate roster, kept under the supervision of the adjutant—general. T e command- .,,E{’“,§,'¥j§?‘}2,i{§{{,,,§,§',{ ing general may at arizy time recommend to the President of the *¤***¤¤¤¤¤*· United States and the resident may retir·e any commissioned officer who shall have been ordered before a medical board consisting of at least three commissioned medical officers and upon whom such a board shall have made report showing such officer to be physically unable to properly perform the duties of his office." section mmm Change the number of section twenty-four to "twenty-one." nanfa:. ___ Strike out the whole of section twenty-five and insert in lieu thereof ,,X,,‘{,;].,f" "‘ "5‘ the following: We ommissioned "Sec. 22. That the commanding officers of regiments and bat- 0iiiJZ°u,¤p,;0rm. talions not part of regiments shall appoint and warrant the noncom- ‘“°““· missioned staff officers of their respective regiments or battalions, and they shall, in their discretion, warrant the noncommissioned officers of the companies of their respective regiments and battalions from the members thereof, upon the written nomination of the commanding officers of the companies, respectively. In troop, battery,