Page:United States Statutes at Large Volume 39 Part 1.djvu/223

 202 SIXTY-FOURTH CONGRESS. Sess. I. Ch. 134. 1916. branches and staff corps or de artments, such other civilians as may be es ecially ualified for duty iiherein. l?{g*¤*¤°“°”* '°‘  75.qThe provisions of this Act shall not applly to any person qw hereafter appointed au officer of the National Guar unless he first shall have successfully passed such tests as to his p)hys1cal, moral, ,,,§g°;Fd ‘° °°““'”“"‘° and profemional fitness as the President shall prescn e. The exam- ` ination to determine such qualifications for commission shall be conducted by a board of three commissioned officers algponited by the Secgetgry of War from the Regular Army or the ational Guard, or ot . w,};i§*¤gr;’g*;{,¤°,§1*;g Sec. 76. FILLING or vaoanoms wnmv 1>1zA1··rnn nvro Fpnnar. rum mm snnv1cn.—All vacancies occurring in any grade of commissioned oflicers in any organization in the military service of the United States and composed of ns drafted from the National Guard under the provisions of tliis Act shall be filled by the President, as far as practicable, by the appointment of persons similarl taken from said guard,'and in the manner prescribed by law for  g similar _ vacancies occurring in the volunteer forces. m,D.'§,°§€§§§,f" °m°°” Sec. 77. ELIMINATION Aim Dxsrosmon or oFrrcn1zs.———At any d°§;gj°°* ‘>°¤*’d *° time the moral character, capacity, and general fitness for the service ` of an National Guard officer may be etermined by an efficiency boardy of three commissioned officers, senior in rank to the officer whose fitness for service shall be under investigation, and if the Endings of such board be unfavorable to such officer and be approved b the official authorized to appoint such an officer, he shall be dischargeci °“‘°’ °°‘“°°‘ Commissions of officers o the National Guard may be vacated upon resignation, absence without leave for three months, upon the recommendation of an eiliciency board, or pursuant to sentence of a court- M¤¤=*=¤d*<>R°s¤"°· martial. Officers of said guard rendered sur lus by the disbandment of their organizations sha be placed in the National Guard Reserve. Oflicers may, upon their own application, be placed in the said reserve. wYjgfi¤¤¤¤ ¤¤=¤d Ra Sec. 78. Tun Nsrromu. GUARD Rr·:smzvn.—Subject to such rules orgmaamu 0:. and regulatmns as the_Pres1dent may prescribe, a National Guard Reserve shall be organized m_ each State, Territory, and the District of Columbia, and shall consist of such or anizations, officers, and enlisted men as the President may prescrie, or members thereof e may be assigned as reserves to an active organization of the National {_’;•;¤·;>;;¤ in mm Guard: Provided That members of said reserve, when engaged in mmm;. field or coast—def,ense traming with the active National Guard, shall receive the same _Federal pay and allowances as enlisted men of like Mmmm grade on the active list of said  when_l1kewise engaged: Pro- · mded further, That, except as otherwxse specifically provided in this Act, no commissioned or enhsted reservist shall receive an pay or glowgnces out of any appropriation made by Congress for National _ uar purposes. · §;§’§§‘,°§“‘§,*,‘§‘,’§;,,,,, Src. 79. Rssnnvrr BATPALIONS ron aacaurr rmmmc.-—When f<¤.¤¤¤¤¤¤ ¤fw¤¤· members of the_National Guard and the enlisted reserve thereof of any State, Terr1tory,_or the District of Columbia shall have been _ brought into the service of the United States in time of war, there b$=’·;g;f¤¢ ¤· me- shall be mimediately organised, cither from such enlisted reserve or from the unorganized mihtia, m snch State, Territory, or District, one reserve battalion for each rpgiment of Infant or Cavah·y, or each nine_batter1es of Field Art ery, or each twc-ilive companies of Coast Artillery, bronght into the service of the United States and Constitution of such reserve attal.1011 shall constitute the fourth battalion of any · such regiment or twelve companies of Coast Artillery. Reserve P mm E battalions shall consist of four companies of such strength as may ’°“·‘ um be prescribed by the President of the United States. When the members of three or more regiments of the National Guard of any
 * •`·“"°"“· °”“'·"- vision of an officer of the Regular Army, and, for the technical