CHAPTER 131.

AN ACT amending sections 3, 4, 8, 13, 15, 16, 17, 20, 23, 26, 40, 49, 56, 57, 65, 67, 82 and 105 of an act entitled "An act for the reorganization of the Indiana militia, prescribing regulations and penalties for violations thereof, providing for the election and appointment of officers, defining the rights and duties of civil and military officers, and penalties for neglect or violations thereof, providing for armories, courts-martial, councils of administration, boards of survey, military encampments, and the calling of the militia into active service, making annual appropriations for the support of the militia and other expenses, repealing all laws heretofore enacted on that subject in conflict with the provisions of this act and declaring an emergency for the immediate taking effect thereof, approved March 5th, 1895, and amending sections 3, 4, 6, 7 and 8 of an act entitled 'An act amending sections 6, 7, 10, 11, 14, 18, 19 and 32 of an act entitled 'An act for the reorganization of the Indiana militia, prescribing regulations and penalties for violations thereof; providing for the election and appointment of officers, defining the rights and duties of civil and military officers, and penalties for neglect or violations thereof, providing for armories, courts-martial, councils of administration, boards of survey, military encampments, and the calling of the militia into active service, making annual appropriations for the support of the militia and other expenses, repealing all laws heretofore enacted on that subject in conflict with the provisions of this act, and declaring an emergency for the immediate taking effect thereof, approved March 5, 1895, and providing for the payment of officers and soldiers, and declaring an emergency,' approved March 12, 1901," and declaring an emergency.

Active Militia.

[S. 249. APPRoved March 6, 1905.]

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That section three (3) of the above entitled act, approved March 5, 1895, be amended to read as follows: The active militia shall consist of such able-bodied male citizens between the ages of eighteen (18) and forty-five (45) years, as may be enrolled, organized and mustered into the service of the state, as hereinafter provided. The organized force shall contain not more than · forty-eight (48) companies of infantry, four (4) batteries of artillery, four (4) troops of cavalry, four (4) companies of engineers, a signal corps, a hospital corps, including ambulance company, and such persons as may be enlisted or commissioned therein, and one (1) band to each regiment of infantry, together with a major general, an adjutant general's department, an inspector general's department, a judge-advocate general's department, an ordnance department, a quartermaster's department, a subsistence department, and a medical department, each such department to be composed of the requisite number of officers to meet the require

ments of the organized strength, and whenever the organized strength of the national guard shall in the judgment of the governor warrant his so doing he may appoint not to exceed two (2) brigadier generals (exclusive of the adjutant general and the quartermaster general). The military organization of the national guard shall constitute a division, and the present regiments, battalions, batteries, companies, and corps shall remain as now established, but the governor shall have power to alter, divide, annex, consolidate, disband or reorganize the same and create new organizations whenever the efficiency of the state forces will be thereby increased, and he shall at any time have power to change the organization of regiments, battalions, squadrons, troops, batteries, companies, signal corps, hospital corps and engineer corps so as to conform to any organization, system of drill, or instruction now or hereafter adopted for the army of the United States, and for that purpose the number of officers and noncommissioned officers of any grade, in regiments, battalions, squadrons, troops, batteries, companies, signal corps and hospital corps may be increased to the extent made necessary by the new positions thus created: Provided, That in case of an emergency caused by invasion, insurrection, or other great public danger, the governor, may, by proclamation, temporarily increase the organized force to a number sufficient to repel the invasion, suppress the insurrection, or otherwise provide for the public defense.

Exempt from Jury Duty.

SEC. 2. That section four (4) of the above entitled act approved March 5, 1895, be amended to read as follows: Every officer and enlisted man of the active militia shall be exempt from service on any jury in any court of this state and from payment of any poll and road tax; and in case of an officer, his commission, and of an enlisted man, a certificate of his commanding officer, shall be sufficient evidence that he is so exempt, and any citizen who shall have performed duty in any military organization of the national guard of the state, for a period of six (6) years, and has been honorably discharged, shall be exempt from serving as a juror in any court of the state.

Governor's Powers-Uniforms.

That section eight (8) of the above entitled act approved March 5, 1895, be amended to read as follows: The governor shall have the authority, by general order, to provide for the disbursement of the military fund, for the proper organization of the militia, and the promotion of its discipline, instruction and military efficiency, to prescribe a uniform for the same, to appoint boards of examination, inquiry and survey, to provide

for the collection of any fine, penalty or forfeiture due from any officer or member of the national guard out of any payment to be made such officer or member by the state, and to fix an allowance not exceeding ten dollars ($10.00) per year, to be paid for uniforms for each enlisted man of the active militia, or renovation or repair of same: Provided, That to each commissioned officer shall be issued one dress and one service uniform and overcoat with the proper insignia of rank, which uniform shall be the property of the state. All uniforms for the use of the militia shall be made from the material furnished or prescribed by the state, and in the uniform pattern and style adopted as the uniform of the Indiana national guard, which same shall conform both for officers and enlisted men to the uniform of the United States army modified as may be necessary in the case of officers in regard to collar and cap device to designate state service.

Battalions.

SEC. 4. That section thirteen (13) of the above entitled act, approved March 5, 1895, be amended to read as follows: Four companies shall constitute a battalion, three battalions shall constitute a regiment, and the entire organization of the national guard shall be under the command of a major general appointed by the governor, but the above organization directed for the national guard may be modified by the governor, according to the convenience and necessities of the service.

Officers-Appointments by Governor.

SEC. 5. That section fifteen (15) of the above entitled act, approved March 5, 1895, be amended to read as follows: The governor shall appoint one (1) adjutant general, and one (1) quartermaster general, each with the rank of brigadier general, who shall both be a part of the active militia. And he may at his pleasure appoint one (1) military secretary, with the rank of colonel, and aides-de-camp with the rank of colonel, lieutenantcolonel or major, not exceeding eight (8) of each grade, these officers to be honorary members of the national guard as the personal staff of the governor, to hold office during his pleasure, and their commissions shall expire with the term of office of the governor appointing them.

Major General-Staff Officers.

SEC. 6. That section sixteen (16) of the above entitled act, approved March 5, 1895, be amended to read as follows: A major general to command the national guard, shall be appointed and commissioned by the governor for a term of four (4) years, and there shall be appointed by the governor, upon the recommenda

tion of such major general, a staff consisting of one (1) assistant adjutant general, one (1) inspector and one (1) surgeon, each with the rank of lieutenant colonel; one (1) judge advocate, one (1) quartermaster, one (1) commissary of subsistence, one (1) engineer and one (1) signal officer, each with the rank of major; two (2) inspectors of small-arms practice and ordnance officer, one of the grade of major, one of the grade of captain; and three (3) aides-de-camp, each with the grade of captain. The major general commanding may appoint and warrant a noncommissioned staff consisting of one (1) sergeant major, senior grade mounted, one (1) post quartermaster sergeant, one (1) post commissary sergeant, two (2) trumpeters, one (1) color sergeant and four (4) sergeant clerks. The staff of a brigadier general commanding shall consist of one (1) adjutant general, one (1) quartermaster, and one (1) commissary of subsistence, each with the grade of captain; one (1) major surgeon and two (2) aides-de-camp, of the grade of first lieutenant, to be selected from the commissioned officers of the national guard, and appointed and commissioned by the governor upon recommendation of the respective commanding generals, subject to finding of an examining board. The brigade noncommissioned staff shall consist of one (1) sergeant major, senior grade, one (1) quartermaster sergeant, one (1) commissary sergeant, one (1) color sergeant, two (2) trumpeters and two (2) sergeant clerks.

Colonels and Majors.

SEC. 7. That section seventeen (17) of the above entitled act, approved March 5, 1895, be amended to read as follows: A colonel and lieutenant colonel shall be appointed by the governor for each regiment, and a major for each battalion, who shall each be commissioned for four (4) years, such appointments to be by promotion, according to lineal seniority, subject to finding of an examining board.

Officers' Commissions-Qualifications.

SEC. 8. That section twenty (20) of the above entitled act approved March 5, 1895, be amended to read as follows: All officers shall be commissioned by the governor, who is, ex officio, the commander-in-chief, and no person shall be commissioned in the national guard of this state, unless he be a citizen of the state, of eighteen (18) years of age, or upwards. No commission shall be issued to any officer in the national guard, except to general officers, the staffs of the commander-in-chief, major general and brigadier general, until the officer appointed shall have passed a satisfactory examination before a board as to his knowledge of military affairs proportionate to the office to be held, his general

knowledge, and his fitness for the service. No person shall be eligible for appointment to the office of major general to command the national guard, or as a brigadier general to command a brigade, unless he has served ten (10) years as a commissioned officer in the national guard, or army of the United States. No person shall be eligible for appointment as an officer in the major general's or brigadier general's staffs, until he has served for. five (5) years in the national guard or army, excepting medical officers, who shall be graduates of some incorporated school of medicine and of at least two (2) years' practice; the judge advocate, who shall be a counsellor-at-law of at least five (5) years' standing; the engineer officer, who shall be a graduate of some incorporated school of engineering, and of at least two (2) years' practice; the signal officer, who shall be a practical electrician or telegraph operator of not less than three (3) years' practice. All commissioned appointments on the major general's and brigadier general's staffs, shall be recommended by the respective commanders. All noncommissioned appointments on the staff shall be made by the respective general commanding. At least two (2) years' service in the national guard or army shall be requisite for appointment of all noncommissioned staff officers.

Major General Powers.

SEC. 9. That section twenty-three (23) of the above entitled act approved March 5, 1895, be amended to read as follows: The major general commanding shall have power to authorize enlistments, make discharges and transfers of enlisted men, assign and transfer officers and organizations, appoint mustering officers for the recruiting of companies, or muster-in of new organizations after same have been duly authorized, order general courts-martial and inspections, appoint boards of survey and examination, and courts of inquiry, and issue such orders for the instruction and discipline of the national guard as may in his judgment be deemed necessary to promote the efficiency of the organization, and shall exercise the same authority over the national guard as a territorial division commander in the United States army exercises over the troops in his division.

Requisition for Arms.

SEC. 10. That section twenty-six (26) of the above entitled act approved March 5, 1895, be amended to read as follows: The commanding officer of every company of the national guard shall make a requisition on the quartermaster general for such supply of arms and equipments as may be necessary for his company.