CORNELL UNIVERSITY LIBRARY GIFT OF Mrs H. P. DeForest Cornell University Library The original of tliis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030743508 Cornall University Library UB504.N7 A3 1910 Regulations for the "1111*87.. * 22 103. Adjutants-General, Inspectors-General, Judge-Advocates, Quar- termasters, Commissaries, Ordi)ance Officers. I. General knowledge. — For all, the same subjects as for infantry officers of the same grade with the same weights. II. Professional fitness as stated in section 102. Weights. a. The Military Law b. The Regulations c. Organized Militia Regula- tions d. Infantry Drill Regulations ; (Manual of the Sabre) . . e. Field Service Regulations.. f. Military Hygiene g. Knowledge of the Rifle ... . III. Additional subjects. — Adjutant-General. Weight, a. Drill regulations. — Evolutions of a regiment, brigade and division ; extended order"} ceremonies 4 b. Guard duty 2 c. Administrative duties of all staff departments 4 d. Horsemanship, elementa.ry and practical 1 Inspector-General. a. Drill Tegulations — all 4 b. Guard duty 4 c. The Regulations — all 4 d. Uniform regulations 6 e. Horsemanship, elementary and practical 1 Judge-Advocate. a. The Military Law and The Regulations of the State 6 b. Laws and Regulations of the United States relating to the Militia 4 e. U. S. manual for ooiurts-martial 6 d. Use of the military in aid of civil authority 5 c. Military law 3 f.' Martial law 2 g. l^aw of war, especially article XI, F. S. R , . . . 1 h. Horsemanship, elementary and practical 1 23 Quartermaster. Weight. a. Drill regulations, title " Camping " 4 b. The Regulations so far as relate to his department 6 c Manual Quartermaster's Department, U. S. A 5 d. Horsemanship, elementary and practical, and care and in- spection of public animals 6 Commissary. a. The Regulations so far as relatte to his department 8 b. Manual Subsistence Department, U. S. A 6 c. Care and preservation of subsistence stares 6 d. Horsemanship, elementary and practical 1 Ordnance Officer. a. Drill regulations, loadings and firings, fire discipline 3 b. The Regulations so far as relate to his department 6 0. Caje and preservation of ordnance property and particularly ammunition 6 d. Regulations for small arms firing 6 e. Horsemanship, elementary and practical 1 f. Nomenclature of the rifle and the method of removing and dissembling and assembling the bolt action 6 104. Medical Officers. Medical officers shall be exempt from examination on the sub- jects stated in section 102, except as required herein. First Lieutenant. a. General medicine 1 b. General surgery 1 c. Diagnosis and treatment of diseases and injuries to which troops are particularly liable 1 d. Hygiene, camp and personal 2 e. The Military Law, as stated in section 102 (a) 1 f. The Regulations, as stated in section 102(b) 1 g. The Regulations, Article XLIV 1 h. The Regulations, posts and general duties of medical officers 1 i. Horsemanship, elementary and practical 1 j. Infantry Drill Reflations as stated in section 102(d).... 1 24 Captain. Weight. a. Hygiene of troops and camp sanitation 8 b. The Military Law, The Regulations, Field Service Regu- lations, Organized Militia Regulations, all that relates to the duties of a medical officer, including correspondence and care of property 5 c. Drill Regulations of Hospital Corps S d. Horsemanship and elementary hippology 4 Major or Lieutenant-Colonel; A. If on promotion from First Lieutenant or Captain. a. Hygiene of troops and camp sanitation 2 b. The Military Law, The Regulations, Field Service Regula- tions, Organized Militia Regulations, all that relates to the duties of a medical officer, including correspondence and oare of property 4 u. Drill Regulations of Hospital Corps 1 d. Horsemanship and hippology 1 B. If from civil life, in addition to subjects given in A. e. General medicine 1 f. General surgery 1 g. Infantry Drill Regulations as stated in section 103 (d) .... 1 105. Corps of Engineers. a. The same subjects, with the same weights, that are specified for infantry of the same grade. The result of this part of the examina- tion shall be computed similarly as for the final mark, as set forth in the fourth paragraph of section 98; this result, if equal to at least 75%, shall be given a weight of 11 and shall be used in computing the final mark of the examination. If this result is not equal to 75%, however, the candidate shall be rejected forthwith. b. Knowledge of and ability to apply the more advanced and com- prehensive principles of arithmetic; weight, 3. If the candidate, hovr- ■ever, shows a marked deficiency in this subject, he shall be rejected forthwith. u. Knowledge of the contents of the Engineer Field Manual (Pro- fessional Papers of the Corps of Engineers, U. S. A., No. 29), parts I to VI, inclusive, with particular attention to the following subjects; 25 Weight. 1. Use of compass and Cavalry Sketching Case 2 2. Map reading and maliing, with special reference to scales, conventional signs and contours 2 3. Knots and Lashings 1 4. Ponton Bridges 2 5. Bevetments 1 6. Obstacles 1 7. Demolitions 1 8. Roads 1 As the instruction and opportunity to became proficient in the abovo subjects for candidaites previously commissioned or nominated from the ranks will necessarily be progressive, and may depend upon the length of prior service of the candidate, the Board shall take this into con- sideration and be governed accordingly in this part of the examina- tion. If a candidate shows that he has not a satisfactory knowledge, which he has had opportunity to acquire, of any of the above subjects, or in which subject he has had specific instruction, he shall be rejected as unfit for commission or promotion. Candidates from civil life shall be required to undergo examination upon the elementary and funda- mental parts of the above subjects. 106. Signal Corps. I. General knowledge, same as infantry of same grade with the same weights. II. Professional fitness as stated in section 102. a. The Military Law b. The Regulations c. Organized Militia Regulations d. Drill Regulations (Manual of the Sabre) e. Field Service Regulations f. Military Hygiene g. Knowledge of the Rifle Weights. 1st Lt. Major or Captain Lt. Col. 1 2 1 2 3 a 2 3 a 1 1 1 2 3 3 1 1 1 1 1 1 26 III. Additional subjects. First Lieutenant. Weight. a. Signal troops in campaign; tactical and strategical lines of information in war 1 b. Visual signaling; theoretical and practical 4 c. Power. (1) Electricity, including dynamos, motors, bat- teries, transmission of power. (2) Steam boilers and engines. ( 3 ) Gas and oil engines 4 d. Telegrapliy and telephony, including wireless. To be suf- ficiently extended to determine whether the officer being ex- amined is (familiar with these subjects and with the prin- ciples governing their application to electric lines of com- munication, as well as his ability to construct and operate such lines 4 e. Military aeronautics. (1) Aerostation. (2) Aviation.... 1 f. Communications and fire control for field and seacoast artil- lery 1 g. Photography and topography. (1) Photography. (2) Map reproduction under field conditions. (3) Map reading and sketching 2 h. Essay. An essay not to exceed three thousand words on some professional subject having relation to the duties of the Signal Corps. It will be permissible to submit an essay which has been written within one year previoxis to the date of the examination 2 i. Drill regulations to and including tae school of the troop . . 3 j. Regulations for small arms firing 2 k. Guard duty 2 1. Minor tactics. The advance guard; outposts; reconnais- sance; the cavalry screen; rear guards; orientation and map reading 2 m. Hippology. The cavalry horse; age of horses; endurance of horses; gaits of the horse; bits; bitting and training; saddles; seats; stable management; forage 1 Captain. a. Signal troops in campaign; tactical and strategical lines of information in war 1 b. Visual signaling; theoretical and practical 2 c. Power. (1) Electricity, including dynamos, motors, bat- 27 Weight. teries, transmission of power. (2) Steam boilers and engines. (3) Gas ajid oil engines 5 d. Telegraphy and telephony, including wireless. To be suf- ficiently extended to determine whether the officer being ex- amined is familiar with these subjects and with the prin- ciples governing their application to electric lines of com- munication, as well as his ability to construct and operate such lines 6 e. Military aeronautics. (1) Aerostation. (2) Aviation.... 1 f. Communications and fire control for field and seacoast artil- lery 1 g. Photography and topography. (1) Photography. (2) Map reproduction under field conditions. (3) Map reading and sketching 3 h. Essay. An essay not to exceed three thousand words on some professional subject having relation to the duties of the Signal Corps. It will be permissible to submit an essay which has been written within one year previous to the date of the examination 2 i. Drill regulations including the school of the squadron, also knowledge of marches, camping, stable duty, ceremonies and packing 3 j. Regulations for small arms firing 1 k. Guard duty 1 1. Minor tactics. Characteristics of the three arms; infantry in attack and defense; cavalry in attack and defense; artil- lery in attack and defense 3 m. Hippology. To include judging horses for conformation, soundness and age 1 Major or Lieutenant-Colonel. a. Signal troops in campaign; tactioal and strategical lines of information in war and minor tactics. A military map being furnished and a problem announced, the officer under examination will prepare orders for troops and indicate on the map such lines of communication as would be de- manded under conditions assumed for the problem 4 b. Methods and means of communication. To be sufficiently ex- tended to determine whether the officer is familiar with 2S i Weight, the principles governing the construction, maintenance and operation of visual and electrical lines of communi- cation, as well as his ability to construct and operate such lines 5 c. Military aeronautics. (1) Aerostation. (2) Aviation.... 1 d. Drill regulations to and including evolutions of a regiment. 2 107. Cavalry. I. General knowledge, same as infantry of same grade with the same weights. II. Professional fitness as stated in section 102. Weights. A 2d Lt. 1st Lt. Capt. Maj. & Lt. Col. Col. a. The Military Law 1 1 2 5 5 b. The Regulations 2 2 2 5 5 c. Organized Militia Eegulations. . 1112 1 d. Drill Regulations, (Manual of the Sabre) 1 1 1 1 1 e. Field Service Regulations .... 2 2 4 4 4 f . Military Hygiene 2 2 4 1 1 g. Knowledge of the Rifle 11111 III. Additional subjects. Second Lieutenant. Weight. a. Drill regulations to and including school of the troop, close and extended order 6 b. Guard duty 5 c. Regulations for small arms firing, fire discipline, armory and field small arms practice 5 d. Principles of map reading, of advance and rear guards and outposts 3 e. Hippology 3 f. Horsemanship, elementary and practical 2 First Lieutenant. a. Drill regulations to and including school of the troop, close and extended order ft ay Weight. b. Guard duty 5 c. EegulatioKs for small arms firing, fire discipline, armory and field small arms practice S d. Principles of map reading, of advance and rear guards and outposts 4 e. Problems in minor tactics 2 f. Hippology 3 g. Horsemanship, the cavalry horse; age and endurance of horses; gait; bits, bitting and training; saddles, seats, stable management, forage 3 Captain. a. Drill regulations to and including school of the squadron . . 6 b. Guard duty 4 c. Regulations for small arms firing, fire discipline, armory and field small arms practice 5 d. Principles of map reading, of advance and rear guards and outposts and reconnaissance 5 e. Problems in minor tactics 3 f . Hippology ; 4 g. Horsemanship, entire subject 4 Major and Lieutenant-Colonel. a. Drill regulations to and including evolutions of a regi- ment, close and extended order 4 b. Guard duty 2 c. Eegulations for small arms firing, fire discipline, armory and field small arms practice 5 d. Map reading, advance and rear guards and outposts and reconnaissance 6 e. Minor tactics. A tactical problem to be given by the board. The ofiicer being examined to explain the orders for the troops and to indicate on a military map the positions of the troops for such action as would be demanded under the conditions of the problem 4 f . Organization and administration 5 g. Hippology 4 30 Colonel. Weight. a. Drill regulations — entire 2 b. Guard duty 2 c. Regulations for small arms firing, fire discipline — entire subject 2 d Map reading, advance and rear guards and outposts and reconnaissance 6 e. Minor tactics. A tactical problem to be given by the; board. The ofScer being examined to explain the orders for the troops and to indicate on a military map the positions of the troops for such action as would be demanded under the conditions of the problem 4 f. Organization and administration; use of the three arms combined 5 g. Hippology 7 108. Infantry. I. General knowledge as stated in section 97(b). Weights. 1st & Cap- Major & 2d Lts. tain. Lt. Col. Col . a. Reading and writing 2 2 2 2 b. Geography - 1 1 1 i c. Arithmetic 2 2 2 2 d. History 1 1 1 1 II. Professional fitness as stated in section 102. a. The Military Law 1 2 3 5 b. The Regulations 2 2 4 5 c. Organized Militia Regulations 1 1 2 2 d. Drill Regulations (Manual of the Sabre) 1 1 1 1 ri. Field service regulations 2 4 4 4 f. Military hygiene 2 4 4 4 g. Knowledge of the rifle 1 l i \ 31 III. Additional subjects. Second Lieutenant. Weight. a. Drill regulations to and including school of the company, close and extended order 8 b. Guard duty 6 c. Regulations for small arms firing, fire discipline, armory and field small arms practice 5 First Lieutenant. a. Drill regulations to and including school of the company, close and extended order > 6 b. Guard duty 5 c. Regulations for small arms firing, fire discipline, armory and field small arms practice 5 d. Principles of map reading, of advance and rear guards and outposts 3 Captain. a. Drill regulations to and including school of the battalion . . 6 b. Guard duty 4 c. Regulations for small arms firing, fire discipline, armory and field small arms practice 5 d. Principles of map reading, of advance and rear guards and outposts and reconnaissance 4 e. Problems in minor tactics Z Major and Lieutenant-Colonel. a. Drill regulations to and including evolutions of a regiment, close and extended order 4 b. Guard duty 2 c. Regulations for small arms firing, fire discipline, armory and field small arms practice 5 d. Map reading, advance and rear guards and outposts and reconnaissance 6 e. Minor tactics. A tactical problem to be given by the board. The oflicer being examined to explain the orders for the troops and to indicate on a military map the positions of the troops for such action as would be demanded under the conditions of the problem 3 f . Horsemanship, elementary and practical 1 32 Colonel. Weight. a. Drill regulations — entire 2 b. Guard duty ' 2 ■c. Regulations for small arms firing, fire discipline — entire subject 2 ■d. Map reading, advance and rear guards and outposts and reconnaissance 4 €. Minor tactics. A tactical problem to be given by the board. The officer being examined to explain the orders for the troops and to indicate on a military map the positions of the troops for such action as would be demanded under the conditions of the problem 4 i. Organization and administration; use of the three arms combined > 6 g. Horsemanship, elementary and practical 1 109. Field Artillery. I. General knowledge, same as infantry of same grade with the same weights. II. Professional fitness. Same subjects except (g) with same weights as for infantry officers of the same gi'ade. III. Additional subjects. Second Lieutenant. a. Drill regulations to and including mounted instruction of the battery 6 h. Firing instruction and the preparation and conduct of fire. 6 c. Guard duty and ceremonies including inspection, muster and review 5 d. Regulations for small arms firing 5 e. 'Care of field artillery material 6 f. Horsemanship and care of horses in garrison and trans- portation of field artillery material by rail and water... 6 g. Algebra. (1) Explanation of signs. (2) Addition (2 problems). (3) iSuhtraction (2 problems). (4) Multipli- cation (2 problems). (5) Division (2 problems). Using any standard text-book g h. Geometry. (1) Definitions. (2) Axioms. (3) Postulates. (4) Theorems contained in Book 1 (two to be selected). Using any standard text-book based on Davies' Legendre. g 33 First Lieutenant. Weight. Same subjects and same weights as examination for Second Lieutenant, except c. Guard duty and ceremonies including inspection, muster and review 4 In addition, i. Outposts 3 Captain. a. Drill regulations to and including mounted instruction of the battalion 8 b. Firing instruction and the preparation and conduct of fire. 6 c. Guard duty and ceremonies including inspection, muster and review 5 d. Regulations for small arms firing 5 c. Care of field artillery material 6 f. Horsemanship and care of horses in garrison and transpor- tation of field artillery material by rail and water 6 g. Outposts 3 h. Field service regulations including service of information, marches, combat, ammunition, supply, transportation, subsistence and shelter 4 i. Problem in minor tactics 4 Major, Lieutenant-Colonel and Colonel. a. Drill regulations to and including the evolutions of the . regiment 5 b. Firing instruction and the preparation and conduct of fire. 3 c. Guard duty and ceremonies including inspection, muster and review 4 d. Eegulations for small arms firing 3 e. Care of field artillery material 6 f. Horsemanship and care of horses in garrison and trans- portation of field artillery material by rail and water.. 3 g. Outposts 3 h. Reconnaissance and selection of positions 4 i. Field service regulations, orders, dictation and transmission in field or march and in combat 4 2 34 Weight. j. Minor tactics. A tactical problem to be given by the board. The officer being examined to explain the orders for the troops, and to indicate on a military map the positions of the troops for such action as would be dema.nded under the conditions of the problem S Adjutants of Battalions and Kegiments. a. Drill regulations, general knowledge to and including maneuvers of the battalion and regiment 4 b. Service of information and communication 4 c. Keconnaissance and selection of positions 4 d. Ceremonies, reviews, inspection, escorts and guard mounting. 6 e. Field service regulations, drafting and dispatching field orders. Service of security and information, and marches during combat 3 f. Thorough linowledge of office duties and official corres- pondence S g. Uniform regulations 3 110. Coast Artillery Corps. I. General knowledge, same as infantry of same grade with the same weights. II. Professional fitness, same as infantry of same grade with the same weights. 111. Additional subjects. Second Lieutenant. 1. a. Infantry drill regulations to and including school of the company, close and extended order 4 b. Guard duty 2 c. Eegulations for small arms firing, fire discipline, armory and field small arms practice 1 2. a. Drill regulations for coast artillery, general principles and definitions 4 b. General instructions for drill, and service at the battery. 3 c. Drill and nomenclature of the guns belonging to the bat- tery to which the company, in which he is to be com- missioned, is assigned g d. General theory of the position-finder service 1 3o First Lieutenant. Weight. 1. a. All that prescribed for second lieutenant 6 . b. Principles of advance and rear guards and outposts 2 2. Theory, drill and nomenclature of all apparatus installed in the primary and secondary stations of the battery to which the company, in which he is to be commis- sioned, is assigned \2. Captain. 1. a. Infantry drill regulations to and including school of the battalion, close and extended order S b. Guard duty 2 c. Regulations for small arms firing, fire discipline, armory and field small arms practice 1 d. Principles of advance and rear guards and outposts .... 1 2. Drill regulations for coast artillery. Drill, nomenclature and knowledge of everything pertaining to the equip- ment of the battery to which the company, in which he is to be commissioned, is assigned 13 Major. 1. a. Infantry drill regulations to and including evolutions of a regiment, close and extended order 3 b. Guard duty 2 c. Eegulations for small arms firing, fire discipline, armory and field small arms practice 1 d. Advance and rear guards and outposts 1 2. a. Drill regulations for coast artillery, to and including the fire commands of the United States artillery district to which the companies of his artillery district are assigned 12 b. Control of search-lights 1 Lieutenant- Colonel and Colonel. 1. a. Infantry drill regulations, entire b. Guard duty c. Eegulations for small arms firing, fire discipline, armory and field small arms practice d. Advance and rear guards and outposts and reconnais- sance 10 36 Weight. 2. Drill regulations for coast artillery, to and including the battle command especially of the United States artil- lery district to which the companies of his artillery district are assigned 10 In addition for all mounted oflBcers, horsemanship, elemen- tary and practical 1 111. Adjutants, Quartermasters and Commissaries. Adjutants, quartermasters and commissaries serving with organizations or corps except as otherwise specifically pro- vided. I. General knowledge. The same subjects with same weights as for infantry officers of the same grade. II. Professional fitness. The same subjects with same weights as for adjutants- general, quartermasters and commissaries re- spectively. III. Additional subjects. Adjutant; a. Drill regulations to and including evolutions of a regiment, close and extended order; ceremonies 4 b. Guard duty 2 c. Horsemanship, elementary and practical 1 d. Uniform regulations 3 Quartermaster : a. The Kegulations so far as relate to his depart- ment 6 b. Manual quartei-masters department, U. S. A. . . . 5 c. Horsemanship, elementary and practical and care and inspection of public animals 5 d. Uniform regulations 3 Commissary: a. The Regulations so far as relate to his depart- ment (5 b. Manual subsistence department, U. S. A 6 c. Care and preservation of subsistence stores d. Horsemanship, elementary and practical ] 37 112. Chaplains. Chaplains arc exempt from all examinations except eligibility and physical fitness. Candidates from civil life. 113. A candidate from civil life for the position of second lieutenant, first lieutenant or captain of the line shall be examined as to physical condition and general efBciency subdivisions (a) and (b) of section 97, and upon such other subjects and to such extent as the board may deem necessary to determine his intelligence and ability to become an eilicient officer. The board may in such case in lieu of a percentage malve report in the form of " favorably from civil life as it is believed lie ^vill make a good oificer " or in the negative if the candidate is disqualified. Eeport of examination. 114. When the board has concluded its examination of a candi- date it shall enter its report on Form 10 and return the same to the officer who referred tlie papers to the board with the proceedings of election or the nomination; the report of the physical examination; oflicial transcripts covering the candidate's prior service; all communi- cations relative to the candidate both adverse and favorable with a copy of all testimony taken other than the candidate's replies on hia examination for eligibility unless there be some controversy about the same. 115. Each examining hoard shall keep a, record of its proceedings. This record shall commence with the first meeting of the board after its appointment, and the first entry shall be similar to the following example : Proceedings of the examining board for officers of the First Brigade, convened in obedience to the following order: (Here follows a verbatim copy of the order appointing tlie board.) 8{ate Armory, Albany, N. Y., January 3, 1910. The board met pursuant to the foiregoing order and the call of its presideiit at S o'clock P. M. Present: (Here give names of those present in proper order.) 38 Absent: (Give names of those absent; if none, omit all referen<5e to absent.) There being no further business before the board, it adjourned sub- ject to call of its president. JOH-S A. DOE, Colonel, 1st Infantry, President. RICHARD A. ROE, Major, 2d Infantry, Recorder. The examination of a candidate being completed, the board shall make up its record in his case, which the recorder shall enter into the record book as follows: State Armory, Albany, N. Y., January 10, 1910. The examining board for officers of the First Brigade met at the call of its president, at S o'clock P. M. Present : Absent (if any) : Colonel John A. Doe, 1st Infantry, president, informed the board that he had received the return of election (or nomination) of Second LieutenoMt Henry A. Stoe as first lieutenant, 1st Infantry, with four inclosures; that he therefore notified Lieutenant Stoe to appear before the board at S p. M., this day and place. Second Lieutenant Henry A. Stoe, elected first lieutenant, 1st Infantry, presented himself. He was asked if hb objected to being examined by any member present, to which he replied in the negative. (In the event of a challenge the proceedings shall be conducted and reeoirded substan- tially aa provided in the case of general courts-martial.) The members of the board present and the recorder were then duly sworn in his presence. Lieutenant Stoe then presented his statement of eligibility and fit- ness, was duly sworn and examined as to the same and signed it in the presence of the board which determined he was eligible (or ineligible; if the former, continue) . 39 The candidate Was then examined with the results recorded: I. Physical condition: Found fit. II. General efficiency: a. Moral fitness — character good. b. General knowledge — Mark. Weight. Result. 1. Reading and writing 90 X 2 = 180 2. Geography 80 X 1 = 80 3. Arithmetic 75 X 2 = 150 4. History 70 X 1 = 10 6 480 (In cases excepted within section 97b this examination shall be omitted, the record stating the reason therefor.) III. Professional fitness — • Mark. Weight. Result. a. M. L 70 X 1 = 70 b. R 90 X 2 = 180 c. 0. M. R 65 X 1 = 65 d. D. R. (sabre) 85 X 1 ^= 85 e. F. S. R 75 X 2 = 150 f . Military hygiene 60 X 2 = 120 g. Knowledge of the rifle 90 X i =. 90 lb ' 760 rV. Additional subjects (first lieutenant, infantry) — Mark. Weight. Result. a. D. R 92 X 6 = 552 b. Guard duty S7 X 5 = 435 c. R. S. A. F 82 X 5 = 410 d. Map reading 60 X S = 180 19 1577 Stjmmaby. Weights. Results. General efiSoieney 6 480 Professional fitness 10 760 Additional subjects 19 1577 Totals ' 35 2817 Final mark on examination 80 17/35 40 The board, therefore, decides in this case to report, that the candi- date has satisfactorily passed, and there being no further business before it, to adjourn subject to call of president. JOEN A. DOE, Colonel, Ist Infantry, President. RICBARD A. ROE, Major, 2d Infantry, Recorder. 116. When the officer who refused the nomination or proceedings of election receives the report of an examining board he shaiU forward the same with his comments to the adjutant-general of the state. If the report is unfavorable the adjutant-general of the state shall notify the officer who ordeied the election or made the nomination of that fact and that the vacancy still exists. A first lieutenant medical corps, who fails to pass the examination for promotion, under JI. L. 74, shall be placed oa the retired list, and notice of the vacancy thereby created, shall be given by the adjutant- general of the state to the officer authorized to nominate a successor. AKTICLE IX. EXAMINATION FOB APPOIXTMENT AS NON-COMMISSIONED OFFICEBS. 125. Examining boards for non-commissioned officers shall consist of not more than five nor less than three officers unless that number be not available when a less number may constitute a board if au- thorized by the warranting officer. Examining boards for the hospital corps shall consist of medical officers. Members of boards mentioned in this section shall not receive pay from the state, but may receive their actual and necessary expenses from the headquarters or military fund upon proper authorization. A majority of the authorized members of a board shall be necessary to make a quorum. 126. Each member of such a board before entering upon his duties shall be sworn by the president faithfully and impartially to examine and report upon the candidates who shall be examined by the board and the recorder shall be sworn by the president to a faithful and impartial discharge of his duties as a, member and recorder. The president shall then be sworn by any member who has taken the oath. If a board consist of one officer he shall be sworn as provided for a member of a delinquency court (M. L. 130). 127. When a return of nomination is received by the president of such examining board he shall order the person nominated to appear before the board for examination. 41 128. If a person ordered for examination fail to appear before the board and does not make satisfactory explanation of his absence his nomination shall be returned to the officer who made it. 129. The subjects of examination may be divided among the mem- bers of the board but before an examination on a subject is closed an opportunity to ask questions thereon must be given to each member. 130. The questions asked shall be of a practical character and com- mensurate with the grade for which the examination is held. On each subject the possible maximum mark shall be one hundred. The aggregate of the marks on all subjects shall be divided by the number of subjects and the result is the final mark on the examination. Can- didates who fail to obtain a final mark of seventy-five per cent shall be reported as unsatisfactory. 131. Each examining board shall keep a record showing the dates of meeting, members present, names of candidates, subjects of their ex- amination and marks on each subject and final mark. 132. When the board has concluded its examination of a candidate it shall enter its report on Form 12 and return the same if favor- able to the officer who ordered the board; if unfavorable, to the officer who nominated the candidate. 133. The examination of a candidate shall cover physical condition, moral character, past record including attendance, general education, Regulations and ability to command. If the examination as to physi- cal qualification, moral character and past record or as to any one of them be unsatisfactory the board shall not proceed further and shall report unfavorably. If satisfactory the examination shall proceed. The examination shall include; a. General education: (1) knowledge of the English language and ability to read and write it with facility and correctness, (2) the common rules of arithmetic. This part of the examination may be omitted in the case of candidates who are graduates of grammar schools of this state or higher educational institutions. b. The Regulations, article I, military etiquette and sufficient knowl- edge of official corre6ponder.ee to address, direct, write and brief military communications, the organization of the national guard, its various grades and departments and the insignia denoting such grades and departments. c. Ability to command. d. Additional subjects as provided in sections 134 to 140, inclusive. 42 134. Hospital Corps. Additional subjects. Corporal. a. Hospital corps drill regulations, all except the navy litter. Manual of the sabre and pistol, ceremonies and tent drill. b. Uses of contents of hospital corps and orderly's pouches, appli- cation of bandages, dressings and temporary splints, care and preserva- tion of equipment of hospital corps. c. Keeping of descriptive book, report book, correspondence book, and hospital and prescription book. Sergeant. a. Hospital corps drill regulations, all except the navy litter. Manual of the sabre and pistol. b. Positions and duties of hospital corps in the field and on the march. c. Keeping of all records and returns of the medical department. d. Use and preservation of all property used by the medical department. e. Elementary hygiene and sanitation. Sergeant, First Class. Same as for sergeant. In mounted detachments for sergeants and sergeants first class, in addition; Practical riding, saddling, bitting, harnessing and driving, nomen- clature of horse equipment including wagon and ambulance harness, feeding and grooming of horses and management of picket line. 133. Corps of Engineers. Additional subjects. a. The same subjects that are specified for infantry of the same grade. If the candidate fails to pass this part of the examination satisfactorily, he shall be rejected. b. Knowledge of the elementary and fundamental parts of tlie Engineer Field Manual (Professional Papers of the Corps of Engineers, U. S. A., No. 29), parts 1 to 6, inclusive, with particular attention to the following subjects: 1. Knots and lashings; 2. Use of compass and cavalry sketching case; 3. Ponton bridges; 4. Sfich other specific subjects as the candidate may have received instruction upon during his previous service. 43 136. Signal Corps. Additional subjects. Corporal. a. Visual signaling. To determine ability to send and receive with the apparatiu and to conduct the operations of a station. b. Telegraphy and telephony. To determine ability to install and adjust buzzers, telephon«« and telegraph instruments for the operation of a station. c. Drill regulations. To include the school of the soldier or trooper. d. Guard duty. Duties of sentinels and corporals. c. Regulations for small arms firing. To include the use and care of the weapons with which th« signal corps is armed. Sergeant. a. Administration. To cover the preparation of company papers and reports. b. Visual signaling. To determine ability to send and receive with the apparatus with which the signal corps is equipped, to conduct the opera- tions of stations, the selections of their locations and the preparation of records and reports. c. Theory of electricity and magnetism. To determine his familiarity with its application to all the apparatus, excepting wireless, with which the signal corps is equipped. d. Telegraphy and telephony. To determine ability to construct lines for the operation of buzzers, telephones and telegraph instruments, to install and adjust these instruments, and to include exercises in the preparation of records and reports covering the operations of the lines. e. Topography. To determine ability to read and explain a military map, and to include elementary map sketching and production under service conditions. f. Drill regulations. To include the school of the squad or platoon in the drill regulations provided for the signal corps, as well as to prop- erly supervise the care of horses. 41 g. Guard duty. Up to and including duty of sergeant of the guard, h. Regulations for small arms firing, fire discipline. First-Class Sergeant. a. Administration. To cover the preparation of company papers and reports and ability to keep the hooks prescribed for a company. b. Theory of electricity and magnetism. To determine familiarity with its application to all the appar- atus with which the signal corps is equipped. c. Telegraphy and telephony. To determine ability to construct lines for the operation of buzzers, telephones and telegraph instruments, including wireless, and to adjust these instruments, and to includ'S exercises in the preparation of records and reports covering the operation of the lines. d. Drill regulations. To include the school of the company or troop in the drill regu- lations provided for the signal corps, as well as to properly supervise the care of horses. e. Guard duty. Up to and including duty of sergeant of the guard. f. Refrulations for small arms firing, fire discipline. g. Essay. An essay not to exceed 1,.500 words on some professional subject having relation to the duties of the signal corps. Master Signal Electrician. a. Visual signaling. To determine familiarity with the construction of all the appar- atus with which the signal corps is equipped. b. Theory of electricity and magnetism. To determine familiarity with its application to all the appar- atus with which the signal corps is equipped, as well as to primary and secondary batteries, dynamos and motors. c. Telegraph^' and telephony. To determine ability to construct lines for the operation of buzzers, telephones and telegraph instruments, including wireless, and to install, adjust, repair and construct these instnimoiits. 45 d. Power and light. To determine familiarity with elementary algebra and elemen- tary mechanics, and with steam, gas and oil engines, dyna- mos and motors, in theory and practice, and ability to install and operate portable engines, djiianios and motors, e (Regulations for small arms firing, fire discipline. f. Essay. An essay not to exceed 2,500 words on some professional subject having relation to the duties of the signal corps. Should a candidate appear for examination for the grade of first- class sergeant who has not passed the examination for sergeant, ho shall be first required 'to pass such examination. 137. Coast Artillery Corps. Additional subjects. Corporal. a. Infantry drill regulations to and including school of the squad; and posts and duties of corporals at guard mounting. b. Guard dutj. Duty of sentinels and corporals. c. Regulations for small arms firing, fire discipline. d. Nomenclature of gun and carriage of the battery to which the company is assigned; or Nomenclature and use of instruments in the primary station of the battery to which the company is assigned; or Knowledge of powder, projectiles and service of ammunition for the battery to which the company is assigned. Sergeant. a. Infantry drill regulations to and including school of the com- pany, in the school of the battalion duties of guides; in guard mounting the posts and duties of non-commissioned officers. b. Guard duty to and including duty of sergeant of the guard. c. Regulations for small arms firing, fire discipline. d. In advance and rear guard and outposts, the duties of sergeants and corporals as in drill regulations. e. Guns, carriages, drill and service of the battery to which th« company is assigned; or Duties in the plotting room and use of instruments in primary station of the battery to which ass'gned; or Knowledge of powder, projectiles, primers and fuses used by the battery to which the company is assigned. 46 Quartermaster-Sergeant of company. a. Infantry drill regulations same as sergeant except guard mounting. b. Issuing and accounting for property issued to a company. «. Care, preservation and transportation of property issued to a company. d. Care, preparation and service of the ration. e. His duties in regard to police and hygiene. f. General knowledge of the guns of the battery to which his com- pany is assigned. First Sergeant. a. Infantry drill regulations. Same as required for sergeant and guard mounting. b. Keeping of company records and making reports and returns. c. Regulations for small arms firing, fire discipline. d. Advance and rear guard and outpost, same as sergeant. «. His duties in regard to police and hygiene. f. Knowledge of emplacement, guns and ammunition, also instru- ments in primary stations of the battery to which the company is assigned. Sergeant-Major, junior grade. a. Infantry drill regulations, school of battalion, guard mounting, posts of non-commissioned staff at ceremonies. b. Books, report^, records, returns and papers of the adjutant's office. c. Knowledge of all telephones, instruments and plotting boards used in the fire commander's station at the post to which the companies of his district are assigned. Sergeant-Major, senior grade. a. Infantry drill regulations, school of battalion, guard mounting, posts of non-conunissioned staff at ceremonies. b. Books, records, reports, returns and papers of the adjutant's office. c. Knowledge of all telephones, instruments and plotting boards used in the battle commander's station at the post to which the companies of his district are assigned. General knowledge of fuel and firing, also of boilers and accessories QBtalled a'' —:zt to which the companies of his district are assigned. 47 Master Gunner. Knowledge, care and repair of all parts of guns and carriages mounted at post to -whicli the companies of his district are assigned and also knowledge of photography and drawing. Electrician Sergeant, second class. Knowledge of all electrical equipment and power installations in the post to which assigned with special reference to the care, repair and maintenance of electrical installations, lines and means of com- munication including the mechanical work necessary in repairing the electrical apparatus and the care and operation of search lights and small power plants. Electrician Sergeant, first class. Same as electrician sergeant, second class, and in addition the super- vision, care and operation of a division of the electrical installations including search lights and power plants. Engineer. Knowledge of power plants, use and care of oil engines, gas engines and stationary steam engines as used at the post to which assigned. Master Electrician. Same as electrician sergeant, first class and in addition general knowledge of the care, repair and operation of the electrical and power installations of a district. 188. Field Artillery. Additional subjects. Corporal. a. Drill regulations to and including firing instruction of the gun squad. b. Duties and positions of the caisson corporal and gunner. c. School of the driver. d. Care and grooming of horses. e. General knowledge of field artillery material and its care. f. Guard duty. General orders and duties of a sentinel and a cor- poral. g. Arm signals. h. Eegulations for small arms firing. 48 Bergeant. a,. Drill regulations to and including mounted instruction, of thft battery. 1). Guard duty to and including duties of sergeant of the guard. c. Ceremonies of inspection, muster and review. d. Duties of scouts and couriers. e. Practical instruction in saddling and harnessing; nomenclatura of horse equipments. Guns, caissons and wagons. Care of horses and field artillery material in the field. f. Transportation of horses and field artillery material by rail and water. g. Regulations for small arms firing. Stable Sergeant. a. Drill regulations school of the soldier dismounted and mounted. b. Horses, diseases, accidents and remedies. c. 'Car« of horses in garrison, field and in transportation by rail and water. d. Regulations for small arms firing. First Sergeant. The same as for sergeant and in addition, a. Guard mounting. b. Office duties, keeping records and making reports and returns. Quartermaster Sergeant, batteries, battalions and regiments. a. Drill regulations subjects required for sergeant. b. Requisitions, receipts and issues of property, forage for horses, care and preservation of property and transportation by rail and water. c. Obtaining, issuing and accounting for and care of subsistenca supplies. d. Duties as to police and hygiene. e. Regulations for small arms firing. Sergeant-Major of battalions and regiments. a. Drill regulations including the regiment mounted. b. Guard duty. c. Ceremonies. 49 d. Office duties, books, records, reports, returns and papers of tha adjutant's office. e. Duties of scouts, reconnaissance and map reading and mailing. i. Telephone and signal communication. g. Regulations for small arms firing. 139. Cavalry. Additional subjects. For all non-commi.'»sioned officers, a general knowledge of the cars and management of the horse. Corporal. a. Drill regulations, school of the soldier and school of the trooper and extended order in school of the troop ; posts and duties of corporals at guard mounting. b. Guard duty. Duties of sentinels and corporals. c. Eegulations for small arms firing, fire discipline. d. Advance, rear guard and outpost duties. Sergeant. The same as for a corporal and in addition, a. Drill regulations to and including school of the troop. b. Guard duty, including duties of sergeant of the guard. c. Stable duty. Quartermaster-Sergeant. a. Drill regulations same as sergeant except guard mounting. b. Issuing and accounting for property issued to a troop. c. Care, preservation and transportation of animals and property issued to a troop. d. Care, preparation and service of the ration. e. His duties in regard to police and hygiene. f. Drawing and issuing of forage. g. General knowledge of camp sites and their requirements. Krst Sergeant. The same as for a sergeant and in addition, a. Drill regulations to and including school of the squadron and stable duty. b. Keeping of troop records and making reports and returns. c. His duties in regard to police and hygiene. 50 140. Infantry. Additional subjects. Corporal. a. Drill regulations to and including school of squad; and posts and duties of corporals at guard mounting. b. Guard duty. Duties of sentinels and corporals. c. Regulations for small arms firing, fire discipline. Sergeant. a. Drill regulations to and including school of the company, in the school of the battalion duties of guides; in guard mounting the posts and duties of non-commissioned ofBoers. b. Guard duty to and including duties of sergeant of the guard. c. Regulations for small arms firing, fire discipline. d. In advance and rear guard and outposts the duties of sergeant and corporal. Quartermaster-Sergeant of a company. a. Drill regulations same as sergeant except guard mounting. b. Issuing and accounting for property issued to a company. c. Care, preservation and transportation of property issued to a company. d. Care, preparation and service of the ration. e. His duties in regard to police and hygiene. First Sergeant. a. Drill regulations, subjects required for sergeant and guard mounting. b. Keeping of company records and making reports and returns. c. Regulations for small arms firing, fire discipline. d. Advance and rear guard and outposts same as sergeant. €. His duties in regard to police and hygiene. Sergeant-Major. a. Drill regulations, school of battalion, guard mounting, posts of non-conmiissioned staff at ceremonies. b. Books, records, reports, returns and papers of the adjutant's office and of a company. 51 Quartermaster-Sergeant of a regiment. a. Drill regulations, posts. b. Obtaining, issuing and accounting for quartermaster's property. c. Care and preservation of quartermaster's property and transpor- tation of property and troops. Commissary-Sergeant of a regiment. a. Drill regulations, posts. b. Obtaining, issuing and accounting for subsistence suppliei. c. Care and preservation of subsistence supplies. d. Duties as to police and hygiene. 141. Chief and principal musicians, drum-major and non- commissioned officers of bands. a. Drill regulations in marching and his posts at drill and cere- monies. b. Special duties. For drum-major, duties of musicians of the guard, posts of band at ceremonies, service calls. Chief and principal musicians enlisted as such are exempt from examination. 142. Ordnance-Sergeant. a. Drill regulations, posts. b. Obtaining, issuing and accounting for ordnance property. c. Care and preservation of ordnance property, and particularly ammunition. d. Regulations for small arms firing. e. Nomenclature of the rifle and the method of removing and dis- assembling and assembling of the bolt action. 143. Post Quartermaster-Sergeant. a. Drill regulations, posts. b. Obtaining, issuing and accounting for quartermasters property and subsistence supplies. e. Care and preservation of quartermaster's property and subsist- ence supplies and transportation of property and troops. ■d. Duties as to police and hygiene. 144. Post Comraissary-Sargeant. ' Same as prescribed for commissary-sergeant of a regiment. ARTICLE X. FIRST AND SECOND CLASS GUNNEES AND EATING AND DISEATING OF PEIVATES. 149. Eaeli member of a board of examination, appointed under tliia article, and the recorder thereof, shall be sworn in the manner pro- vided, in section 126, for boards of examination of non-commissioned officers. 150. Eatings and disratings shall be effective from the date of the order announcing the same. Artificers, farriers, horseshoers, black- smiths, saddlers, trumpeters, wagoners, chief mechanics, mechanics and cooks are enlisted as privates and are appointed by their respective- company commanders. They are subject to reduction by the same authority. Corps of Engineers. 151. Privates, first class, in the corps of engineers shall be rated and disrated by the commanding officers of companies and shall have the following qualifications: a. At least one year's service in the corps of engineers. b. Full proficiency in tying all ordinary knots and making lashings. c. Ability to correctly interpret the fundamental points of the mili- tary map such as the scale of contours and direction of stream flow. d. &iowledge of bridges with special reference to ponton-bridge material and construction. e. Knowledge of infantry drill regulations and guard duty- so far as they refer to privates. Before being rated, a candidate shall be examined in subjects, c, d. and e., by a board of three olTicera of the corps of engineers to be appointed by the colonel thereof, and to be eligible to appointment, must answer correctly at least seventy-five per cent, of twelve ques- tions in subjects c. and d. The examination in subject e. shall be oral. The candidate's proficiency in subject b. must be certified to by the commanding officer of his company after an oral examination by one of the lieutenants of his company, to be designated by such com- manding officer, and such certificate shall be included in a request to have the candidate ordered to appear for examination. The com- manding officer of the company may appoint the candidate when notified that he has passed the required examination and such appoint- ment shall be by company order. 53 Hospital corps. 152. A hospital corps private first class shall be rated and disrated ly the senior medical oflBcer of the detachment with which he is serv- ing. Before being rated the candidate shall pass a satisfactory exami- nation in the drill regulations and in the outlines of first aid con- tained in the authorized drill regulations for the hospital corps before such senior medical oflScer or an officer detailed by liira. The number of corporals and privates first class in a detachment shall not exceed]/ twice the number of privates. Signal corps. 153. A private, first class in the signal corps, shall be rated and •disrated by the commanding officer of his company. Before bsing rated a candidate shall be examined by the commanding oflSccr of a ■company or by an officer appointed by him in the following subjects: a. Drill regulations in the school of soldier, mounted and dis- mounted. b. Manual of guard duty, duties of a private of the guard. c. The signal apparatus with which his company is equipped. d. Codes in use. e. Regulations relative to military discipline and etiquette. The examination may be oral, written and practical. If the result of the examination is satisfactory to the commanding officer of the ■company, he shall so certify and recommend the candidate for appoint- ment to the chief signal officer of the division upon whose approval such appointment may be made. All ratings and disratings shall be by company order. Coast Artillery Corps. 154. Boards for the examination of first and second class gunners «hall be appointed by the chief of coast artillery and shall consist of three artillery officers, selected with reference to their special qualifica- tion for this duty; provided that when a member of the board is a company officer he shall be relieved during the examination of candi- dates from his company and the examination conducted by the reaniin- ing members. 155. A company commander desiring to send candidates before the ■examining board shall submit to the artillery district adjutant a duly signed list of each class, giving the full names of candidates arranged in muster-roll order, with a statement that he believes each man so presented is capable of qualifying in the class designated. These lists 54 shall be transmdtted by the artillery district ooanmander to the senior member of the board who shall notify company commanders of the dates set for examinations. 156. The examination shall be held, as far as practicable, at such places as the material or equipment pertaining to the subject in hand is located. 157. In determining the qualifications of candidates credit shall be given for practical knowledge of subjects rather than for text-book answers to questions. 158. The qualifying marks for classification in each case shall not be- less than an average of seventy-five per cent. 159. The board shall keep a record of its marks during all exami- nations, but these marks shall not be published in orders. The report of the board after the completion of each examination shall be sent to the chief of coast artillc^ry, who shall publish an order announcing the names of those who have qualified, the names being arranged for each organization in each class in muster-roll order, and reciting the date of qualification in each case. 160. The scope of the examinations for first and second class gunners and the relative weights to be given the subjects are as follows : s For Candidates in Companies Assigned to Gun or Mortar Defense. For second class gunners: a. Service of the piece 25 b. Guns and carriages 25 c. Powders, projectiles, primers and fuzes 25 d. Cordage, gins, shears, jacks 15 e. United States magazine rifle 10 For first clasa gunners: a. The azimuth instrument 20 b. Duties in the plotting room 50 c. Aiming and laying guns or mortars 15 d. Definitions C. A. D. R 5 e. Warships 10 55 For Candidates in Companies and Detachments Assigned to Mine Defense. For second clasa gunners: a. Ammunition, nomenclature, and service of guns to which the candidate's company is assigned 15 b. Material of and duties in the loading room (except electrical principles involved) 35 c. Material for and duties on the water 30 d. Cordage '. 10 e. United States magazine riile 10 For first class gunners: a. Care and preservation of mine material 15 b. Handling high explosives 20 c. Knowledge and use of the azimuth instrument and plotting board 20 d. Engines, generators, transformers, storage batteries, and searchlights assigned to the company of which the candidate is a member 20 e. Operation of casemate apparatus and of telephones 20 f. Definitions C. A. D. R 5 161. Enlisted men qualifying as first or second class gunners shall not be disqualified as a punishment. 162. Examinations shall be held by boards appointed by the chief of coast artillery, at such times as he may prescribe for the purpose of determining what enlisted men are qualified for rated positions. 163. Rated enlisted men of a, mine command or a battery shall be appointed, after examination from duly qualified candidates, by the artillery district commander uponi recommendation of company com- manders approved by the fire or mine commander. 164. Rated enlisted men for battle or fire command stations shall be appointed, after examination from duly qualified candidates, by the artillery district commander upon recommendation of the battle or fire commander. 165. Records shall be kept by the chief of coast artillery in the form of eligible lists of the enlisted men of each company eligible for each rated position. 166. Examination for rated positions shall be confined to first class gunners or enlisted men who have once been classified as first class gunners. Candidates who pass with an average of seventy-five per cent. 5G any of the examinations prescribed for rated enlisted men shall be carried on the eligible list for appointment to the correS'ponding rated position for a period of three years froim the date of examination. 167. Enlisted men on the eligible list for a rated position shall bo classified as first class gunners from the date of qualification and so announced in orders, and such classification shall be continued for the time they are entitled to remain on such eligible list. When a man's term of eligibility for any rated position e3q>ires he may be continued in such rated position or on the corresponding eligible list by passing a new examination for sucli rated position, and his classi- fication as first class gunner shall be continued without further examination. 168. The same enlisted man may be carried on several eligible lists providing he passes satisfactorily the prescribed examinations for such rated positions, 169. Prior to the examination for the rated positions of observers, first or second class, or gun pointer, the candidates shall be examined by the post surgeon for defective vision, and no candidate shall be rated for these positions who has any defect in vision which would impair his efficiency. 170. An enlisted man holding a rated position may be disrated for cause, by the chief of coast artillery upon the recommendation of his company commander approved by the artillery district commander. 171. An enlisted man holding a rated position need not be required to take the examination for that position until the termination of the three-year period from the date of his last classification as a first class gunner, unless his qualifications for the ^position he holds have not been established to the satisifaction of the fire or mine commander con- cerned or the artillery district commander, in which case he shall be required to take the examination for that position at such time aa may be prescribed by the chief of coast artillery. In the event of his iailure to pass satisfactorily the prescribed examination he shall be disrated immediately by the chief of coast artillery. Field Artillery. 172. Boards for the examination of first and second class gunners shall be appointed by the commanding officer of the battalion or other military unit under which the batteries of the state are organized and shall consist of three field artillery officers selected with reference to their special qualifications for this duty, provided that when a member of the board is a battery officer he shall be relieved during the exami- 57 nation of candidates of his battery and the examination shall be con- ducted by the remaining members. 173. A battery commander desiring to send candidates before the examining board shall submit to the commanding officer of the field artillery a list of the names of the men in his battery whom he may designate for examination and the adjutant of the commanding officer will submit a similar list for the noncommissioned staff and mounted orderlies. These lists shall be transmitted to the senior member of the board who shall notify battery commanders of the day set for exami- nation. 174. The examination shall be sufficiently extended to test the can- didate's familiarity with the material which he is required to use, and will include the following: (Handbook of the 3-inch F. A. material^ 1908). Nomenclature of parts of gun, carriage, limber, caisson; kinds and weights of projectiles; kinds of fuses; kinds of powder; weight of propelling charge; method of filling recoil cylinders; method of remov- ing wheel; method of removing and replacing counter recoil springs. 175. Values are assigned to each of the foregoing subjects as fol- lows: a. Direct laying 2.5 b. Indirect laying 25 c. Laying for range 1^ d. Fuse setting 15 e. Drill of gun squad 10 f. Material 10 Total lOO The candidate shall be given the full credit which he is able to make at any one trial, but the total credits allowed him in any one subject shall not exceed the maximum shown in the foregoing table. Candidates to be classed as first class gunners must obtain a general average of not less than 8-'5 per cent., with an average in each subject of at least 65 per cent, and to be classed as second-class gunners a general average of not less than 65 per cent., with an average in each subject of at least 50 per cent. 176. A second-class gunner on his own application may be permitted to compete at any examination for classification as first-class gunner. 177. The board shall keep a record of its markings during all exam- 58 inations. The report of the board after the completion of the examina- tion shall be forwarded to the commanding officer of field artillery who shall publish an order announcing the names of those who have quali- fied with the dat« of qualification in each case. 178. The conditions of the examination shall be made as nearly the same for each of the candidates as possible and the following general rules shall be adhered to: a. Settings of sight or other scales are considered correct if any part of the index is coincident with any part of the line of graduation of the reading ordered. b. Readings given shall always be oven divisions of the scale and not fractions thereof. c. The candidate may select an assistant to aid at the trail handspike in pointing the piece-in direction. d. The candidate shall be permitted to traverse the piece to the mid- dle point of traverse before each trial. e. The sight, quadrant or fuze setter shall be in position for use be- fore the command for any trial with them is given; the scales shall be set at any readings except those to be given for the trial. f. The trials in direct and indirect laying shall be with different ranges and deflections. The trail shall be shifted for each trial. g. Changes in the setting of scales required of candidates shall not fxceed the following: Deflection scale of peep sight, 30 mils; angle of site scale, 50 mils; corrector scale, 10 points; range scale of sight, quadrant or fuze setter, 1,000 yards. 179. The examination in direct laying shall be conducted as follows: Five trials: Two with the peep sight, and three with the panoramic sight. The target will be the " " target for field artillery, representing a shielded gun, and shall be placed at a distance from the gun of 1,000 yards, as nearly as possible. The candidate being seated on the gunner's seat, the examiner com- mands, for example — a. Target, that gun. b. Deflection, 10. c. Range, 2,400. At the last word of the command of execution, the candidate causes the assistant at the trail to point the piece at the target; sets off the range and deflection ordered; corrects for difl'erence of level of wheels; operates the elevating and traversing apparatus so as to bring the line 59 of sight upon the target, and calls "Ready." The cross level shall be then inspected by the examiner to see if it is centered, after which the candidate steps clear. Time shall be taken from the last word of the command of execution to "Ready." No credits shall be given in the following cases: a. If the sight is incorrectly set for range or deflection. b. If, when the bubble of the cross level is accurately centered, the line of sight is found not to be upon any portion of the silhouette on the " O " target. e. If the time taken in laying is more than forty-five seconds. . If the piece is found to be correctly laid within the limits prescribed, credits shall be given as follows: Time in seconds, exactly or less than. Credits 45 40 35 30 25 20 15 1 2 3 4 5 6 7 180. The examination in indirect laying shall be conducted as fol- lows: Five trials at ranges between 1,000 and 5,000 yards, using the panoramic sight. Aiming points should be well defined and of such height as to appear in the field of view when the sight in properly set and the bubble of the cross level centered. They should be of the types used in actual firing, and for the purposes of this examination should not exceed two mils in width, and should be. at least 1,500 yards distant. They should be clearly pointed out to the candidate. Two will be selected, one toward the front for two of the trials; the other toward the rear for the re- maining three trials. In the case of the trials with aiming point in rear the candidate shall be allowed an additional assistant, who, from a position in front of the axle, signals to the man at the end of the trail to move it so as to bring the aiming point within the field of view of the sight. The candidate being seated on the gunner's seat, the examiner com- mands, for example — a. Aiming point, the chimney on that white house. b. Deflection, 240. c. Range, 3,300. Before giving the command of execution the examiner requires an assistant to set the quadrant at the range to be used in the trial; he also requires the assistant to center the bubble of the elevation level of the quadrant as soon as the trail is shifted. 60 At the last word of the command of execution the candidate sets off the deflection, and sets the range scale at the range ordered, causes the trail to be shifted until the sight is directed upon the aimi;ig point, corrects for difference of level of wheels, traverses the piece until the vertical cross hair is on the aiming point, and calls " Eeady." The cross level is then inspected by the examiner to see if it is centered, after which the candidate steps clear. Time is taken from the last word of the command of execution to " Ready." No credits shall be given in the following cases: a. If tl!e sight is incorrectly set for range or deflection. b. If, when the bubble of the cross level is accurately centered, the vortical cross hair is found not to be on the aiming point. c. If at any time during the trial the candidate has operated the ele- vating device. d. If the time taken in laying is more than forty-five seconds. If the piece is found to be correctly laid within the limits prescribed, credits shall be given as follows: Time in seconds, exactly or less than. .. . 45 40 35 30 25 20 15 Credit? ." 12 3 4 5 6 7 181. The examination in laying for range shall be conducted as follows: Four trials using the range quadrant; the candidate being seated on the seat on the right side of the trail, the examiner commands, for example — a. Angle of site, 280. b. Range, 3,400. At the last word of the command of execution, the candidate sets off the angle of site; sets the quadrant for range; corrects for difference of level of wheels; turns the elevating crank so as to center the bubble of the elevation level, and calls " Ready." The cross level is then inspected by tlie examiner to see if it is cen- tered, after which the candidate steps clear. Time is taken from the last word of the command of execution to " Eeady." J\o credits shall be given in the following cases: a. If the quadrant is incorrectly sot for range or angle of site. b. If no part of the bubble of tlio quadrant cross level is between tho two middle lines on the glass tube. 61 c. If there is found to be an error of more than fifty yards in laying for range. d. If the time taken in laying is more than thirty-five seconds. If the piece is found to be correctly laid within the limits prescribed, credits shall be given as follows: Time in seconds, exactlv or less than 35 30 25 20 15 10 Credits '. 1 2 3 4 5 IS 182. The examination in fuze setting shall be conducted as follows: Four trials; cartridges of service weight, with fuze set at safety are placed in the caisson chest just above the fuze setter. The examiner commands, for example — a. Corrector, 24. b. Eange, 2,700. At the last word of the command of execution, the candidate sets the fuze setter at the corrector and range announced; removes the cartridge from the chest, inserts its head in the instrument; sets the fuze, and calls "Eeady." Time is taken from the last word of the command of execution to " Eeady." No credits shall be given in the following cases: a. If the fuze setter is incorrectly set for corrector or range. b. If the candidate fails to obtain a fuze setting by operating the instrument. c. If the time taken in setting the fuze is more than thirty-five seconds. If the fuze setter is found to be correctly set and is properly operated, credits are given as follows: Time in seconds, exactly or less than 35 30 25 20 15 10 Credits 1 2 3 4 5 6 183. The examination in drill of the gun squad shall be conducted as follows: A well-instructed gun squad, consisting of a gunner and five can- noneers, shall be provided; the candidate should explain the maneuvers directed and cause the squad to execute them. These maneuvers shall embrace such parts of the following exercises (Drill Eegulations for Field Artillery, Provisional, 1908) as shall thoroughly test the candi- date's familiarity with the service of the piece: Formation of the gun 62 squad (paragraph 186); to form the gun squad (paragraphs 190, 191, 192) ; to tell off the gun squad (paragraphs 193, 194, 195) ; posts of the gun squad, carriages limbered (paragraphs 196, 197, 198) ; to post the gun squad (paragraph 199) ; posts of the cannoneers, carriages limbered (paragraph 200); to jwst the cannoneers (paragraph 201); to mount the cannoneers on the carriages limbered (paragraphs 202, 203, 204) ; to dismount' the cannoneers from the carriages (paragraphs 205, 206); posts of the cannoneers, carriages unlimbered (paragraphs 209, 210) ; preparation for action (paragraphs 220, 221); to load and lay (para- graphs 236, 237); to fire the piece (paragraphs 239, 241, 167); to change from direct to indirect laying (paragraphs 243, 154, 165) ; to shift the trail (paragraph 244) ; to change target (paragraph 245) ; to discontinue and resume the fire (paragraphs 246, 247) ; continuous fire, without sweeping and with sweeping (paragraphs 250, 251, 252); volley fire, without sweeping and with sweeping (paragraphs 253, 254, 255); zone fire without sweeping and with sweeping (paragraphs 256, 257, 258) ; fire at will (paragraphs 260, 261, 262). Lance Corporals. 184. To test the capacity of privates for the duties of non-com- missioned oflScers company commanding oflBcers may appoint lance corporals who shall hold such appointments during the pleasure of the appointing officer and shall be obeyed and res.pected as corporals. The number of lance corporals in a company shall not exceed the number of vacant positions of corporal and the number of corporal ab- sentees and such additional number as will afford one corporal for each squad. In the hospital oorps such appointments shall be made by the medical officer commanding the detachment in which they are to serve and such appointments shall not make the aggregate of non- commissioned officers and lance corporals for a detachment more than one to four privates. 'Lance corporals are not non-comimissioned officers and are not warranted but are appointed and reduced at will by order only. ARTICLE XI. COMMISSIONS OF OFFICEKS. 187. Officers in the National Guard shall be commissioned as fol- lows : In the Adjutant-General's Department, as "Adjutant-General of the grade of." 63 In the Inspector-General's Department, as " Inspector-General of the grade of." In the Judge Advocate-General's Department, as " Judge Advocate of the grade of." In the Medical Department, as "Lieutenant-Colonel (or other grade) Medicil Corps." In the Quartermaster's Department, as "Deputy Quartermaster General " or " Quartermaster of the grade of." In the Suhsistence Department, as " Deputy Commissary General " or "Commissary of the grade of." In the Ordnance Department, as " Ordnance Officer of the grade of." In the Corps of Engineers, as "Colonel (or other grade). Corps of Engineers." In the Signal Corps, as " Lieutenant-Oolonel (or other grade). Signal Corps." In the Coast Artillery Corps, as "Colonel (or other grade). Coast Artillery Corps.'' In the Field Artillery, as "Major (or other grade). First Battalion, Field Artillery," or "Captain (or other grade). Sixth Battery, Field Artillery.'' In the Cavalry, as "Major (or other grade). Squadron A (or C) Cavalry," or "Captain (or other grade). Troop B (or D) Cavalry." In the Infantry, as "Colonel (or other grade). First Infantry." 188. The adjutant-general of the state will transmit a, commission direct to the person to qualify thereunder, who shall return his oath of office (Form 14) direct to the adjutant-general of the state, who will upon the receipt thereof and t>y direction of the Governor place such officer on duty, assign him to the command with which he is to serve and direct him to report to the proper officer, to whom a copy of such, order shall be sent. If the officer has been in active service a copy of the order shall be sent to the commanding officer of the command with which he has been serving. 189. A person to whom a military commission has been issued can not perform duty under his commission until he shall have taken the oath of office and been assigned to duty by the governor. The oath of office (Form 14) shall be filed in the office of the adjutant-general of the state and a duplicate should be indorsed on the commission. 190. When an officer is placed on duty after taking the oath of office the order issued by the adjutant-general of the state shall contain the dates of his commission, of Ms rank and of his entry into the service. 64 191. Commanding officers shall issue orders assigning to duty officers reporting to them under section 186 and forward copies of such orders to all superior headquarters. 192. The date of taking the oath of office under a commission is the date of the officer's entry into service under that commission. 193. An enlisted man who receives a commission shall immediately on taking the oatli of office apply to his former commanding officer to be discharged by reason of promotion. ARTICLE XII. APPOINTMENTS, WARBANTS AND EEDUCTIONS OF NON-COMMISSIONED OFFICEKS. 195. When a warranting officer approves the nomination of a non- commissioaied officer he shall issue an order of appointment and detail the appointee to duty and forward a copy of this order to the officer under whose immediate command the appointee is to serve. 196. A non-commissioned officer on his appointment shall receive a, warrant (Form 1'6). If he re-enlists and is reappointed within thirty days after his discharge he may retain his original warrant if the warranting officer so directs, in which event such warranting officer shall indorse his actinn on tlie warrant. 197. A non-commissioned officer may be reduced to the ranks by sentence ojf a court-martial or by order of the officer having authority to warrant such non-commissioned officer. 198. The order for the reduction of a non-commissioned officer shall state the reason for the reduction, and the date from which it is to take effect (Form 17). Non-commissioned officers when reduced shall be returned to duty as privates except non-commissioned officers en- listed as such who shall be discharged. ARTICLE XIII. ENLISTMENTS AND EE-ENLISTMENTS. Enlistments. 205. The enlistment of a man is executed on Form 1. a. A man desiring to enlist shall sign the statement of application. b. If the recruiting officer approves the application he shall sign his certificate. c. The recruit shall then be examined by a medical officer serving with the command, or by the nearest medical officer available. In case a medical officer cannot be obtained the examination may be made 6I by a civilian physician. If a deviation from the prescribed standard is found which in the opinion of the examining officer does not incapacitate the candidate for enlistment from performing full military duty, the •olBcer authorized to approve the enlistment may forward the complete report of the medical officer and his recommendations entered upon it that the man be enlisted to the adjutant-general of the state direct Tequesting that the enlistment of the man be authorized. Tlie adjutant- general of the state shall return the papers with his action indorsed tliereon direct to the officer authorized to approve the enlistment and the applicant may be enlisted if such action is favorable otherwise he shall be rejected. d. If the recruit passes the physical examination the oath may be administered. Before administering the oath the officer shall explain the nature of the service, the terms of enlistment, the character of the oath and the fines which may be imposed. 206. The enlistment or re-enlistment of persons of any of the fol- lowing classes is prohibited: Former soldiers whose service during last term of enlistment was not honest and faithful or whose character was not at least good, insane or intoxicated persons, enlisted men of, or deserters from the military or naval service of the United States or any state, persons who have been convicted of felony or who have been imprisoned under sentence of a court in a reformatory, jail, or penitentiary. An enlisted man dropped Iby reason of removal shall not be enlisted or re-enlisted but shall only re-enter the service as an ■enlisted man as provided in M. L. 101. 207. Commanding officers of companies and the senior medical officer serving with a detachment of the hospital corps are recruiting officers for their respective commands. 208. Minors may be enlisted with the written consent to the minor's enlistment of the father, only surviving parent or legally appointed guardian. The recruiting officer must satisfy himself that the guardian has been lawfully appointed, and it must be stated after the latter's signature, when, where and how he or she was appointed the guardian of the recruit, whether by a last will and testament, by a surrogate, or otherwise; these signatures must be witnessed by two persons who know the parent or guardian to be such. 209. As soon as the oath is taken the enlistment paper shall be forwarded to the officer authorized in M. L. 97 to approve the same who shall promptly take action thereon and return the same to the forwarding officer. 3 6G 210. For the purpose of computing the term of enlistment it will be deemed to commence on the date of taking the oath, but no enlisted man shall be entered in the descriptive book or other record or taken up on any report, return or roll or permitted to do military duty until his enlistment has been approved by the proper officer. 211. On the receipt of an enlistment paper approved by the proper officer the enlistment shall be immediately entered in the descrip- tive book of the command and the enlisted man shall be taken up on all records, reports and returns. Enlistment papers as soon as so entered shall be immediately returned to the officer who approved them and he shall forthwith forward them direct to the adjutant-general of the state. 213. A medical officer who makes a physical examination shall retain a copy of the report of the same which shall be filed at the post where the man is to serve, or in case of rejection, at the post where he was examined. Re-enlistment. 213. No man shall be re-enlisted unless he shall have been dis- charged with character at least "good." Re-enlistment may be made by a, man who cannot pass in all respects the physical examination required of recruits, if the existing defects will not prevent his per- formance of full military duty. In all such cases the defects and the fact that they existed prior to re-enlistment will be noted on Form 1 by the medical officer who shall also certify that in his opinion the candidate for re-enlistment is able to perform full military duty. It is the intention to provide for the re-enlistment of men who have such defects as piles or varicose veins of moderate extent, the loss of certain fingers or toes, mutilations or deformities caused by gunshot or other ■(vounds or other injuries, excessive weight, defects of vision as far- eight and near-sight. ARTICLE XIV. TRANSFEES, DBOPPING AND TAKING UP OF ENLISTED MEN. Transfers. 220. An enlisted man who desires to ba transferred from one com- pany or command to another shall make application on Form 55 and personally, obtain the approval of the commanding officer of the com- pany or command to which he desires to be transferred. He shall then present the application to his immediate commanding officer for action^ 67 This officer shall forward the application for the action of all intsr- mediate commanding officers [including the officer authorized to ap- prove enlistments in the command to which the transfer is to be made] to the officer authorized to order the transfer. A copy of the order of transfer shall be furnished by the officer issuing it to the commanding officers of the companies and commands to and from Which the transfer is mad© and to the enlisted man. 221. The immediate commanding officer of the man transferred shall furnish at once to the commanding officer of the command to which he is transferred a descriptive list, military record, percentage of duty performed in each year of his service and previous qualifica- tions in small arms practice. 222. Upon their written request, approved by their parents or guardians, if they are minors, musicians enlisted as such and at least eighteen years old may be graded as privates by commanding officers of regiments, battalions not parts of regiments, signal corps, batteries, separate troops and companies, provided such grading will not increase the number of privates in excess of that allowed by law. When appli- cation is made for such transfer the musician shall be examined physi- cally, and no musician shall be transferred who is not up to the standard required for enlisted men. Such officers may also grade privates as musicians without physical examination to complete the number allowed by law. Dropping of Men. 223. An officer who desires to drop a man from the rolls shall make application on Form 57 to the officer authorized to approve the man's enlistment or in case of post quartermaster, post commissary or ordnance sergeant to the major-general who, if he approves the appli- cation, issues the order (Form 68). 224. The application and order shall state the cause for which the man is dropped. Taking Up From Dropped. 225. When an enlisted man who has been dropped by reason of removal returns to the station of the command from which he was dropped within three years, the commanding officer thereof may apply to the proper officer to have him taken up on the rolls (Form 68). The officer authorized to order the man taken up shall order the man to appear for physical examination. If the report of such examination be favorable such officer shall issue an order (Form 60) authorizing the taking up of the enlisted man on the rolls of the command. 63 326. An enlisted man who has been dxopped for more than three years by reason of removal may be taken up at any time as pro- vided in section 225 upon his own request in writing addressed to the ofiSeer authorized to issue the order, and such request must accompany the application. 227. An enlisted man who has been dropped by reason of re- moval may be taken up in an organization other than his former ■one as provided in sections 225 and 2Si6. In such case the enlisted man who desires to be taken up shall request in writing, the consent of the officer under whose immediate command he served when dropped, stat- ing the organization on whose rolls he desires to be taken up. If this officer approve the request he shall indorse his approval thereon and send it together with the enlisted man's descriptive list, percent- age of duty performed in each year, and previous qualifications in small arms practice, to the officer upon whose order the enlisted man was dropped. If this officer approve the request, he shall return it with his approval indorsed thereon direct to the enlisted man. The enlisted man shall then make a written request to be taken up accom- panied by these papers, addressed to the commanding officer of the command on whose rolls he desires to be taken up. ARTICLE XV. LEAVES OF ABSENCE, FCKLOUGHS AND PASSES. Leaves of Absence and Furloughs. 235. An officer is liable to be called for duty at any moment; be must never leave his station without proper authority. When not on duty under M. L. 113, 115 or 116, oral permission to be absent from his command for not to exceed ten days may be given to an «fficer by the commanding officer of the post. The commanding officer of a post may be absent not to exceed ten days at one time. Officers -shall report absences as required by section 51. 236. Permission to leave the continental limits of the United States for more than ten days and permission for absence in excess of twenty- four hours when on duty under M. L. 113, 115 or 116 may be granted only by the commanding officer of the division. 237. Leaves of absence for periods not to exceed three months may be granted to offieei-s of their respective commands by the com- manddng officers of regiments and battalions not parts of regiments, -coast artillery districts and the colonel of the corps of engineers. I 69 838. Leaves of absence for periods of not to exceed six months may be granted by tlie commanding oflScer of a brigade to ofiBcers of bis command. 339. Leaves of absence to other officers and for other periods may b« granted by the commanding officer of the division. 240. When an extension of a leave of absence would make the total time a longer period than the officer who originally granted the leave is authorized to grant, the application for extension shall be forwarded to the officer authorized to grant leave for the longer period. 241. When on duty under M. L. 113, 115 or 116 permission to be absent from a camp, post or station for not more than twenty-four hours may be granted to an officer by the commanding officer of tha camp, post or station. 242. An application for a leave of absence or for an extension of leave, shall be made in writing addressed to the officer authorized to grant it, and shall state when it is desired that the leave shall com- mence, its duration and the address of the officer while on leave. 243. A leave of absence is granted in orders (Form 48) and a copy shall be sent to the adjutant-general of the state and to the officer to whom the leave is granted. 244. An officer returning to duty from a leave of absence shall report in writing on the day his leave expires, or before, should he desire to surrender a portion of his leave, to the officer by whom his leave was granted, and forthwith shall make himself acquainted with all the orders Issued during his ahsence. 345. Leaves of absence shall be granted in terms of months and days, as " one month," " one month and ten days." A leave of absence commences on the day following that on which the officer departs from his proper station. The day of departure, whatever the hour, is counted ai a day of duty; the day of return as a, day of absence. Leave for one month, commencing on the first day of a calendar month, shall expire with the last day of the month, whatever its number of days. Commencing on an intermediate day, the leave shall expire the day preceding the same day of the next month. 246. An enlisted man shall not leave his post or station without the permission of his immediate commander. Such permission if for more than three days is called a furlough and if for a less time a pass. 247. The words " the officer ordering any military duty who alone can excuse therefrom as provided" in M. L. 118 mean "the officer by whose order the duty is specifically fixed and defined as to date. 70 place and character." Subordinate officers shall not excuse absence from duty ordered by higher authority. 248. When on duty under M. L. 113, 115 oi 116 furloughs shall be granted by the commanding officer of the camp or post. At other times furloughs may be granted to enlisted men of their com- mands for a period not to exceed three months by the colonel of the corps of engineers, the commanding officers of regiments, coast artillery districts, battalions not part of regiments, companies of signal corps, separate troops and batteries and the field hospital. 349. Application for a furlough shall be made by an enlisted man to his immediate commanding officer who may grant it if author- ized. If not authorized he shall forward the same if he approves it to the proper officer for his action. Furloughs shall be grajited on Form 49. Passes. 350. The general provisions respecting passes shall be prescribed by the commanding officer of the post or camp. 351. The form of a pass should be simple and substantially as follows : i ■§ Company A, Ist Infantry, N. G., N. Y. i ^ Camp Fort Orange, N. Y. s" '^ January 2nd, 1910. a K) a O o O Q to J3 '^ -fJ >H fe O te) V sj o •S CJ ^> O i »«< Private Henry A. Stoe has permission to be absent from nine A. M. until nine o -flj "g fe -g A. M., twenty-four hours. ^ ■ -^ -^ RICHARD A. ROE, §, Captain. n ARTICLE XVI. RESIGNATION OF OFFICEBS. 260. An officer tendering his resignation (Form 7'6) shall deliver it to his immediate commanding officer, who shall forward it for the action of the governor. Upon receipt of such resignation by the officer authorized to make a nomination or order an election for the vacancy which may be thereby created, he shall a. If the officer tendering his resignation is accountable for public property, designate an officer to take charge of such property until a successor to the officer tendering his resignation has qualified. The officer tendering his resignation shall invoice and turn over such prop- 71 crty to the officer designated, take reqeipts therefor, prepare and execute his fiual property returns and necessary vouchers and deliver such papers and vouchers to the officer designating the receipting officer. b. If the officer tendering his resignation is responsible for public property, designate an officer to take charge of such property until a euccessor to the officer tendering his resignation has qualified. The officer tendering his resignation shall make inventory of such property ■which shall be verified by the officer acooaintable for the same. The property shall then be turned over to the officer designated to take charge of it who shall receipt therefor to the officer tendering his resignation who shall deliver the inventories and receipts as provided in subdivision a of this section. c. For all officers, before forwarding the resignation, certify that the officer tendering his resigna.tion is not indebted to the State or to his command and that he has turned over all United States, State, regimental, battalion, or company property and funds for which he has been accountable or responsible and that he is not under arrest or re- turned to any military court. He shall, in case of an officer account- able for public property, forward with the resignation, papers and vouchers prepared pursuant to subdivision a of this section. 261. A final property return shall be made by an accountable officer who resigns, retires, is discharged, transferred, rendered super- numerary or is separated by promotion, from the property for which he Is accountable. This return shall be made on the form used for the annual return of property, and a copy of the order designating the officer to take over the property and his receipt therefor shall accom- pany the return. 262. An officer in arrest or against whom charges have been pre- ferred may tender his resignatioDi which shall be forwarded accom- panied by a copy of the charges if written, otherwise by a report of the case made by the officer authorized to make the certificate required by subdivision c of section 260. In this case the certificate required by subdivision c of section 260 shall not be made. 263. An officer shall be held for service until his discharge is de- livered to him or he is served with notice in the manner provided by M. h. 117, of the granting of such discharge. AETICLE XVII. DISCHABGE OF ENLISTED MEN. 270. An enlisted man commissioned as an officer shall, upon taking the oath of office, be discharged as an enlisted man and receive the form of discharge to which he is entitled. 72 271. A man enlisted as chief or principal musician or private of the hospital corps, shall be discharged when his services are no longer required. 272. When an enlisted man has served his term of enlistment or re-enlistment and requests his discharge, his immediate commanding officer shall forthwith apply for the form of discharge to which the man is entitled (M. L. 103). An immediate commanding officer may in his discretion apply for the discharge of an enlisted man whose term of enlistment has expired. If the application is for a full and honorable discharge the officer making such application (Form 77) shall certify therein that the man has performed the percentage of duty required by M. L. 103 to entitle him to such discharge. 273. When a soldier's term of enlistment expires while he is await- ing trial or sentence by a military court, if he applies for his discharge he shall be discharged (honorably, without honor or dishonorably, according to ciroumstances) on the date of the receipt of an order pub- lishing the case or otherwise disposing of it, and the discharge shall be dated accordingly. 274. A commanding officer who applies for the discharge of an enlisted man for the good of the service, shall make application in writing directed and forwarded to the officer authorized to issue the discharge. The application Shall contain a brief statement of the grounds upon which the discharge is applied for. 275. The officer receiving such application shall cause the enlisted man to be served with a copy of the same and a notice stating the time and place at which he may be heard in person to explain the statements contained therein, which notice and copy of application must be served on the enlisted man at least ten days before the date fixed for such hearing in the manner provided by M. L. 117, for warning for duty. The original application notice, proof of service thereof, and a statement of the action taken thereon, signed by the officer hearing the application, shall be filed by such officer at his headquarters. 276. A commanding officer who believes an enlisted man under his command to be physically disabled for the proper performance of duty, shall order him to report to a medical officer for medical exam- ination. If the medical officer after examination is of the opinion that the enlisted man is physically unfit, he shall so report in his own handwriting (Form 79). If this report be unfavorable the commanding officer shall discharge the enlisted man if he is authorized to do so and if he is not authorized to take such action he shall apply to the proper officer who shall issue a proper form of discharge. 73 877. When it comes to the knowledge of a, medical officer tliat an enlisted man belonging to the organization with which he is serving has a disability which would disqualify him for enlistment he shall recommend him for discharge except a. When the disability existed at the time of enlistment, and was waived by the adjutant-general of the state, and has not increased since enlistment; b. After an acute illness when, if recommended by the medical officer, a delay not to exceed six months for full convalescence may be permitted; and c. When a cure may be obtained by an operation when a delay of three months for the performance of an operation is permitted. If the recommendation of the medical officer be approved by the officer authorized to issue a discharge the enlisted man shall be discharged as provided in section 276. If the recommendation be disapproved it shall be forwarded with the reasons therefor to the commanding officer of the brigade of which the enlisted man's command is a part and in all other cases to the commanding officer of the division. Who if there is any disagreement as to the existence of the alleged cause of physical disability may cause the man to be re-examined physically by a board of three medical officers. If this board concurs in the recom- mendation of the medical officer the commanding officer of the division or brigade shall direct the discharge of the man and he shall be dis- charged accordingly. The medical officer who examines the man in the first instance shall keep a copy of this report. Among the diseases for which a discharge for physical disability must be given are included epilepsy, syphilis, all forans of tuberculosis, ure- thral discharge lasting more than six weeks, all forms of drug habit, and mental aberration. An official copy of a discharge granted for physical disability and the original certificate of the medical officer and the original proceed- ings of a board shall be forwarded to the adjutant-general of the state. 278. Applications for discharge shall be made by the proper officers as follows: For a full and honorable discharge. Form 77. For an honorable discharge of a man whose term of service has ex- pired but who is not entitled to a full and honorable discharge. Form 78. For a discharge prior to the expiration of the term of enlistment. Form 80. For an honorajble discharge by reason of physical disability. Form 79. 279. Discharges will be issued by the proper officer as follows: 74 Full and honorable discharge of an officer, Form 81. Full and honorable discfliarge of an enlisted man, Form 82. Honorable discharge of an officer. Form 83. Honorable discharge of an enlisted man, Form 84. Discharge by reason of disbandment, Form 85. Discharge of an officer or enlisted man. Form 86. Discharge without honor of enlisted man. Form 121. Dishonorable discharge, where such is by orders, Form 87. 280. A full and honorable discharge shall be given only on the form furnished by the state; all other discharges shall be given in orders, using prescribed forms, when practicable. 281. When an enlisted man is discharged by expiration of ser- vice, his discharge will take effect on the last day thereof — i. e., if «nlisted on the second day of the month his term will expire on the first day of the same month in the last year of his term of enlistment. When a soldier immediately re-enlists aiter discharge, the re-enlist- ment will ibe completed on and bear the date of the day following that of discharge. His service will then be continuous. 282. The percentage of duty to be performed by an enlisted man to entitle him to a full and honorable discharge shall be computed for each year of his service. Each year shall be reckoned from the day of the mojith on which his enlistment commenced. At the end of his service if his record shows that in each year of it he has performed at least 70 per cent, of all ordered duty, he is entitled to a full and honorable discharge in so far as duty performed is concerned; if, how- ever, it appears that in any year he has performed less than 70 per cent, of ordered duty he may in the discretion of his commanding officer he continued in service to make up such deficiency. To make up such deficiency the enlisted man must perform so much of lawfully ordered duty as will make the aggregate percentage of such duty performed by him in each year during his total service 70 per cent. ARTICLE XVIII. DECEASED OFFICEBS AND SOLDIERS. 290. The death of an officer, with cause and date, shall be reported without delay by his immediate commander to the adjutant-general of the state. When the death occurs away from the officer's station, in hospital, or on leave, the medioal officer, if one be present, or any officer having cognizance of the fact, shall make the report. The death of a retired or supernumerary officer will be reported by the commander 75 of the organization in which the deceased formerly served. If such organization haa been disbanded or the death occurs at a, place other than its station, a report shall be made by any officer aware of the fact. 291. If at the time of his death a commissioned oflBcer was account- able or responsible for public property and funds, his commanding ofiScer shall appoint a board of officers, three when practicable, which shall make inventories of the same and turn it over on invoices and receipts to an officer designated by the commanding officer to receive ft, and take such further action as may be necessary to make a final settlement of the officer's accounts. 292. The same procedure shall be followed in the case of an officer who is incapacitated from making his final statement. 293. The date, place and cause of death of an enlisted man shall be immediately reported by his immediate commanding officer to the commanding officer of the post or station where the enlisted man served and if the death occurred while the enlisted man was on duty the report shall specify whether the death was the result of wounds, injuries or disease incurred in the line of duty. If the death take place in a military hospital the medical officer in charge shall make the report and specify whether the death was the result of wounds, injuries or y the governor on the recommendation of the commanding officer of the division and will be published in orders from time to time. Under proper conditions medical supplies are expendable on certifi- ■«ate as follows; 135 All kinds of drugs, medicines, disinfectants, dressings, bandages and cotton and linen fabrics for the same; ligature and suture materials; pins, common and safety; needles common, hypodermic, intestinal and surgeon's catheters, not metal; wire gauze, felt and plaster for splints; soap, sponges; all articles of soft and pliable rubber when deteriorated by age or service; and articles which are expendable according to the manual for the medical department, U. S. A., latest edition. 767. A requisition for other remedies than those named in the supply table will be honored when the necessity for their use is clearly ap- parent. A statement of the reasons why special remedies are required shall be forwarded by the medical officer with his requisition. 768. Medical officers shall restrict their needs in active service to the articles mentioned in the supply tables of the state and medical department, United States army, and personal property of medical officers shall not be used in the military service. 769. In all returns, estimates, requisitions, invoices and receipts, for medical supplies, the nomenclature, order of entry, and classification of the standard supply table, shall be followed. 770. The course of instruction of the hospital corps shall be pre- scribed in orders by the commanding officer of the division. 771. The detachment of the medical department serving with a regimental or smaller organization shall be under the immediate com- mand of its senior medical officer. 773. At indoor ceremonies, street reviews and street parades, a de- tachment of hospital corps shall take position six paces to the left and in continuation of the line, or six paoes to the rear of the column of "the regiment, battalion or company to which it is attached or a de- tachment may be assigned to march in the rear of each battalion of a regiment. Its front shall not exceed twelve files, and should be shortened when necessary by forming in double rank or by division into platoons. 773. At other outdoor parades a detachment of hospital corps on ■duty with a battalion shall, when the battalion is in line, take position in rear of the center; a detachment of hospital corps attached to a regiment shall when the regiment is in line or line of masses, be divided into three or two platoons according to the size of the detachment and a platoon shall take position in rear of each battalion or of the right and left battalions when there are but two platoons, the platoons being aligned upon each other. If the detachment is too small to be divided it shall take position in rear of the center battalion. When the regiment passes in review the leading platoon shall halt until it is 136 joined in succession as each battalion passes by the platoons in rear and then in one body followed by the ambulance the detachment shall pass in review. Detachments and platoons shall take position at a distance from which any one in ranks who requires medical assistance can readily be seen, and any assistance required shall be given promptly at any part of the ceremony and as quietly as possible. 774. On all the foregoing occasions a detachment of hospital corps and when practicable a platoon shall be commanded by a medical officer, except when to assume such command the senior medical officer present attached to a regiment or battalion would be required to leave his proper position with the regimental or battalion staff, a«d except when the medical officers are engaged in the performance of other duties. 775. On practice and service marches positions shall be taken as prescribed in field service regulations. 776. When more than four medical officers are attached to a regi- ment, not more than four shall take position with the regimental staff, but the other medical officers shall take the positions with the hospital corps detachment prescribed in hospital corps drill regulations. 777. A medical officer attached to a company shall take position in dismounted formations when there is no detachment of hospital corps present three paces to the right of the front rank ; at " open ranks '' he shall step forward and place himself in line with the officers, but to the left of the commanding officer if the latter be in line with the other officers. 778. On all other occasions a medical officer and a detachment of hospital corps shall take position as directed by the commanding officer. 779. Medical officers shall be responsible to their commanding officers and senior officers of their department for the efficiency and discipline of the detachments under their command. 780. The commanding officer of a iield hospital, an ambulance com- pany and a detachment of the medical department, except of detach- ments serving with general officers, companies of signal corps, separate companies, troops and batteries shall administer his command in the same manner as a captain administers his company. 781. One or more of the privates of the hospital corps ghall be desig- nated by the medical officer commanding the detachment as ambulance driver. In addition to his other duties, he shall care for the amibulance, its equipment and harness, and see that they are always in readiness for immediate use. In the field he shall care for the animals. 788. On marches and in field service each medical officer required to be mounted shall be attended by a mounted private of the hospital 137 corps and the necessary horses and horse equipments shall be provided by the state. 783. Ambulances may be used for the transportation of the sick and injured, the absolute necessary nurses or attendants on duty therewith, the instruction of the hospital corps, and, in urgent cases, for tlie transportation of medical supplies, and all persons are prohibited from using them, or requiring or permitting them to be used, for any other purpose. It shall be the duty of the officers of the ambulance service to report to the commander of the troops any violation of the provi- sions of this section. 784. When members of the hospital corps are detailed for service or when left with the sicli or wounded under circumstances which justify the expectation that their rights under the Creneva convention (F. S. E. 307), will not be recognized, commanding officers shall issue to members of the hospital corps pistols or other available firearms. 785. The surgeon of a post shall assign his assistants and thff members of the hospital corps to duty. 786. Tents, clothing, hospital furniture, and other stores used in the treatment of contagious diseases may be disinfected or burned upon thsj recommendation and under the supervision of a medical officer. 787. Hospital property shall not be used for other than hospital purposes. 788. A civilian employee on duty with troops under M. L. 113, 115 or 116 is entitled to medical attendance and hospital service under the sam& circumstances as an enlisted man. 789. Medical officers shall furnish company commanders any infor- mation, except the diagnosis, which will assist them in determining whether or not the disability of a soldier who is or has been on sick report originated in the line of duty, entering this information in the company sick report book. When required they shall furnish the diag- nosis to the commanding officer of the command to which they are attached. ARTICLE XLV. ENGINEERS. 795. The duties of engineers comprise reconnoitering and surveying for military purposes including the laying out of camps; the selection of sites and formation of plans and estimates for military defenses; the construction and repair of fortifications and their accessories of every description; the planning and superintending of defensive or offensive works of troops in the field; the examination of routes of communication for supplies and for military movements, and the con- struction of military roads and bridges. 138 ARTICLE XLVI. SIGNAL OPFICEES. 800. The chief signal oflScer on the staff of the division is charged under the direction of his commanding officer with the supervision, in- struction and efficiency of the signal corps. 801. When lines for communicating information are or are to be established by the signal corps the officers of such corps placed in charge of these lines shall be held responsible for their construction, main- tenance and operation. Commanding officers and others shall see that the special duties of these officers are not interfered with, and shall, upon proper application, render such assistance as may be in their power. 803. The senior signal officer of troops in the field commands the signal parties serving therewith. Orders affecting them shall be trans- mitted through him. He shall be responsible that they are fully in- structed, adequately supplied and that they properly perform their duties. 803. Communications transmitted by the signal corps are always confidential and shall not be revealed except to those officially entitled to receive them, or in case specially ordered by competent military authority. ARTICLE XL VII. COEBESPONDENCE. 810. Military correspondence shall be plain and concise; state- ments sball be made in such terms that they cannot be misinter- preted. Names, especially signatures, shall be written plainly. An official letter shall refer to one subject only. Telegrams shall be fol- lowed by official copies sent by first mail. 811. Letter paper shall be of uniform size, eight inches wide by ten and one-half inches long and of sufficient thickness that the writing shall not show through. Official communications shall be written only upon one side of the paper used. When more tban one page is required additional sheets shall be used numbered consecutively. A margin of not less than one inch shall be left clear on the left of each page. 812. Commands shall be designated as follows: 1st Engineers, N. G., N. Y. Co. A, 1st Engineers, N. G., N. Y. 1st Cavalry, N. G., N. Y. Squadron A, Cavalry, N. G., N. Y. Troop B. Cavalry, N. G., N. Y. 139 For a battalion not part of a regiment, 1st Battalion, Engineers, Field Artillery or Infantry, N. G'., N. Y. 1st Battery, 1st Battalion, Field Artillery, N. G., N. Y. 6th Battery, Field Artillery, N. G., N. Y. 1st Artillery District, N. Y. 1st Company, C. A. C, N. 6., N. Y. 1st Infantry, N. G., N. Y. Co. A, 1st Infantry, N. G., N. Y. Co. A, Ist Infantry, (1st Separate Co.), N. G., N. Y. 1st Field Hospital, N. G., N. Y. 1st Ambulance Co., N. G., N. Y. Medical Department, 1st Infantry, N. G., N. Y. 813. The following abbreviations shall be used: The Military Law, M. L. ; The Regulations, K. ; Uniform Regulations, U. R. ; Regulations for Small Arms Firing, R. S. A. F. ; Field Service Regulations, F. S. R. ; Regulations for the Organized Militia, 0. M. R. ; U. S. Army Regula- tions, A. R. ; Manual of Guard Duty, M. G. D. The number of the paragraph or section referred to shall follow immediately the abbrevia- tion. Similar abbreviations may be used for the titles of other regu- lations, manuals and books. Abbreviations shall be used for orders as follows: General Head- quarters, G. 0. 1, A. G. 0. 1910; S. 0. 1, A. G. 0. 1910; Division Head- quarters, G. 0. or S. 0. 1, D. 1910; Brigade Headquarters, G. O. or S. O. 1, 1 B. 1910; Regiment, Separate Battalion or Squadron Headquarters, G. O. or S. O. 1, 1 Inf. 1910; or Sq. A. 1910 or 1 Bn. F. A. 1910; Company Orders, O. 1 Co. A, 1 Inf. 1910; O. 1, 1 By. 1910; O. 1, Tr. B. 1910; G. O. 1, 1 A. D. 1910; 0. 1, 1 Co. C. A. C. 1910. N. G., N. Y. shall be used for national guard, New York. C. 0. shall be used for commanding officer, N. C. S. for non-commis- ■sioned staff officers, and N. C. 0. for non-commissioned officers. 814. The heading of a communication shall show whence it ema- nates. A communication from the commanding officer of a company or officer of and with such command shall begin with the designation of the company as given in section 812 (1). A communication from -tbe commanding officer or a field or staff officer of a separate or de- -taehed battalion, a regiment, a brigade or the division shall begin ■with the appropriate designation of the command given in section 812 preceded by the word " Headquarters " ( 2 ) . The second line of the lieading shall contain the street number and the name or number of the street where the command is located (3). The third line shall 140 contain the name of the city, town or village where the command is located and the date when the communication is written (4). The second and third lines may be combined in one. The name of the state shall be used only when the writer is not in the state of New York. (1) Company A, 4th Infantry, N. G., N. Y. Company A, 1st Infantry, (1st Separate Company), N. G., N. Y, (2) Headquarters, 1st Infantry, N. G., N. Y. Headquarters, 1st Brigade, N. G., N. Y. (3) 1 West First street, or First street and First avenue. (4) Kew York City, January 1, 1910. 815. The name of the person to whom the communication is sent with his proper official designation and post office address shall be written below the heading beginning at the left hand margin. Title* shall be written out in full. The post office address may be omitted when so well known as to be superfluous. 816. If a communication relates to an officer personally the first line of the address shall contain his grade and name (1). The second line shall contain the organization with which he is serving (2) or his office and organization (3). The third and fourth lines shall con- tain his post office address (4). (1) Captain John A. Doe, (2) 1st Infantry, X. G., N. Y. (1) Major Richard A. Roe, (3) Quartermaster, 1st Infantry, K. G., N. Y. (4) 1 West First street, New York City, N. Y. If the communication relates to an officer's command or office, the first line shall contain his title of office (5) which for the medical officer of a brigade staflF and the senior medical officer of a regiment shall he "Surgeon," and for the senior medical officer of a post "The Post Surgeon;" the second line shall contain his organization (6) and. the third and fourth lines shall contain his post office address (7). (5) Commanding Officer. Surgeon. (0) 1st Infantry, N. G., N. Y. (7) 1 West First street, New York City, N. Y. 141 If a communication relate to an officer's command or office and ema- nate from a superior it shall be addressed to the inferior by his title of office as above provided (5, 6, 7). If it emanate from a subordi- nate it shall be addressed to the adjutant or adjutant-general of the superior if he have one (8, 9), otherwise to the superior by his title of office as above provided. (8) The Adjutant-General of the State. (9) Capitol Post Office, Albany, N. Y. ( 8 ) Adjutant-General, Division N. G., N. Y. (9) Capitol Post Office, Albany, N. Y. (8) Adjutant, 1st Infantry, N. G., N. Y. (9) 1 West First street, New York City, N. Y. 817. The word " Sir " shall precede the communication, which is usually commenced with the words " I have the honor." When an officer is mentioned by name for the first time in the body of a commimication his grade shall precede and his organization or office and organization shall follow his name. If mentioned thereafter in the same communication only his grade and surname shall appear. 818. A communication shall conclude with the words " Very re- spectfully " followed by the signature which shall be legibly written. On a line below the signature there shall be placed a proper official •designation of the' officer as follows: If the heading of a communication shows the command from which it emanates there shall be placed on a line below the signature the grade of the writer (1) except (a) an officer of an organization who is not its permanent commander but is temporarily in command ■shall add his grade and the word "Commanding" (2) ; (b) an officer of another organization temporarily in command shall add his grade and organization or grade, office and organization and the word " Com- manding '■' ( 3 ) ; ( c ) line officers of a command permanently assigned to staff duty in it shall add their grade and office (4), and (d) de- partmental officers shall add their grade and office (5) except that the ranking medical officer of the command shall add only the word ■'"Surgeon" (6) and other medical officers shall add their grade and the words "Medical Corps" (7) and further except the ranking officers of the quartermaster's department, subsistence department, medical •corps, corps of engineers, ordnance department and signal corps on the staff of the division who shall add respectively the words " Chief •Quartermaster," " Chief Commissary," " Chief Surgeon," " Chief En- :gineer," "Chief Ordnance Officer" and "Chief Signal Officer" (9). 142 If the heading of a communication docs not show the command from which it emanates there shall he placed on a line below the signature the grade and organization or grade, oflBce and organization of the writer (8). (1) Major-Greneral. Colonel. Captain. (2) Brigadier-General, Commanding. Lieutenant-Colonel, Commanding. Lieutenant, Commanding. (3) Lieutenant-Colonel, 2d Infantry, Commanding. (4) Captain, Adjutant. (5) Lieutenant-Colonel, Adjutant-General. Major, Quartermaster. (6) Surgeon. . (7) Lieutenant, Medical Corps. (8) Colonel, 1st Infantry, N. G., N. Y. Captain, Quartermaster, 1st Infantry, N. G., N. Y. (9) Chief Surgeon. Chief Ordnance OflBcer. 819. An officer detailed shall add to his signature his grade and organization or his grade, office and organization as in this article provided and this shall be followed by the word "Acting" with the name of the office to which he is detailed (1) except an aid acting as adjutant-general who uses only his grade and official title (2). (1) Major, Inspector-General, Acting Adjutant-General. 1st Lieutenant, 1st Infantry, Acting Adjutant. (2) Captain, Aid. 830. An officer shall not use a brevet grade in signing officially un- less he has been placed on duty by the governor under his brevet commission. 831. An officer shall not be designated in orders nor addressed in official communications by any other title than that of his actual grade. 832. Communications shall be signed as follows: a. Between officers exercising correlative commands and to officers not under their respective commands by the officers themselves. b. From an inferior to a superior by the inferior. c. From a superior to an inferior in the same command by the ad- jutant-general, adjutant or other staff officer of the writer. 143 823. When a staff officer signs a communication under section 821 the body thereof shall show that he does so by order of his command- ing officer, as " I am directed by," " By direction of " or " By order of " the commanding officer. 824. Official communications shall be signed or authenticated by the pen and not by facsimiles. 825. When a, copy of or an extract from an' official paper is fur- nished a note should be made on the records showing when and to whom the same was furnished. 826. All official communications whether from a subordinate to a superior or vice versa shall pass through the intermediate com- manding officers (through the channel), except where specially pro- vided otherwise. In cases of pressing necessity, in which there is not sufficient time for regular communications, the necessity shall be stated and copies forwarded through the channel. 827. All official communications relative to the military service of this state intended for either the military, judicial or executive offi- cers of the United States, or other states, or of foreign governments, must be addressed to the adjutant-general of this state and not through him tO' any other person or officer and shall be forwarded to him through the proper channel. Communications which are not of sufficient importance to occupy the time and attention of the adjutant-general of the stat& should not be forwarded by intermediate commanding officers but should be returned by them to the writers of the communications. 828. All communications on official matters intended for the secre- tary of war, the secretary of the navy or the chief of stafif of the army, shall be addressed to the adjutant-general of the state, and shall as a rule pass through intermediate commanders. 829. Orders and circulars shall be addressed at the bottom on the left hand side (1, 2, 3 ) . (1) Captain Kichard A. Koe, 1st Infantry, N. G., N. Y. (2) CO. Co. "A," 1st Infantry, N. G., N. Y. (3) Captain John A. Doe, Aid. 830. Envelopes containing official communications shall be marked on the upper left hand corner " Official Business." They are addressed as prescribed for the address of a letter, giving, however, in every case, the post-office, letter-box, or number and street, and the city, town or village and state. 144 831. Quartermasters, commissaries, ordnance officers and medical officers, may communicate direct with superior or subordinate quarter- masters, commissaries, ordnance officer's and medical officers, or with officers acting as such, in matters pertaining to their duties, such cor- respondence shall, however, not embody orders to be executed by them which have not been previously promulgated. 832. Commanding 'officers shall promptly forward communications if addressed to a superior headquarters with their approval or dis- approval with remarks unless they possess the authority to decide the matters to which the communications refer; but communications relating to unimportant and trivial matters or to subjects which commanding officers can readily decide shall not be forwarded. Com- manding officers shall decide whether the subject-matter of a communi- cation is of sufficient importance to forward. 833. Papers which admit of or require indorsements and all returns prescribed, shall be forwarded without letters of transmittal. 834. When, after a reasonable lapse of time, no answer has been leceived to a complaint or other communication which has been forwarded, a copy of the communication may be forwarded direct, accompanied by a letter of transmitfel, stating the action thus taken, and the reason therefor. 835. In official correspondence between officers or between officers and officials of other branches of the public service, and especially in matters involving questions of jurisdiction, conflict of authority, or dispute, officers are reminded that their correspondence should be courteous in tone and free from any expression partaking of a per- sonal nature or calculated to give offense. Whenever questions of such character shall arise between officers and officials of other branches of the public service and it is found that they cannot be reconciled by an interchange of courteous correspondence, the officer, as the repre- sentative of the interests of the national guard in the matter involved, will make a full presentation of the case to the adjutant-general of the state through the proper military channels, in order that the same may be properly considered. Folding. 836. A communication shall be folded in three equal folds parallel to the writing and with the writing inside. The bottom of the com- munication is folded up so as to cover two-thirds of the sheet and the top is then folded down and outside of the part already folded. The folds corresponding to the top, middle part and bottom of the sheet are known respectively as the first, second and third folds. : 145 Briefing. 837. All ofiicial communications (except orders and circulars and such communications to higher or subordinate headquarters or offioera as pass through the channel and require no action on the part of intermediate commanding officers) shall be briefed in the first office of receipt before entry in the correspondence book. 838. The brief shall be placed on the first fold and shall consist of three parts, ■which shall be divided from each other by lines. The first part shall show the place where, and the date when, the com- munication was written. The second part shall show the name and official designation of the writer, or the title of the office, organization, court, or source from which the communication emanates. Letters from officers relating to the business of their commands or offices, are not briefed in their individual names, but by their official titles, or the commands or office of which they aTe in charge, or in which they are serving. Letters or communications signed by more than one person, are briefed in the names of a few of the most prominent signers, or, if military men, in the name of the senior in rank, and the words " and others " are added. The third part shall be a synop- sis of the contents or subject of the communication, and shall be placed near the center of the briefing fold, and in this part everything of importance, and everything necessary to show the contents or subject, should be stated, and in the fewest possible words. 839. Indorsements, reports or letters attached from time to time do not necessitate additions to the original briefing, which shall not b« changed except to correct errors, supply omissions, or to note inclosures, 840. Inclosures contained in communications shall not be briefed, but shall be numbered, in the order of their dates, or in the order in which they should be read; if few in number, and not bulky, they may be kept inside the communication, otherwise they shall be folded in a wrapper, marked "inclosures," as an accompanying package, and all •officers through whose hands communications pass, shall make the inclosures and slips secure, if necessary. When the communication has been briefed and the inclosures counted their number shall be noted below the third part of the brief. Duplicate inclosures shall count as one. 841. At the office of first receipt there shall be placed at the bottom of the briefing fold the office mark, i. e., the words " Rec^d " followed by the headquarters or office and the date. Similar office marks shall be placed above the first at every office or headquarters through which the communication passes in going or returning. 146 Indorsements and inolosures. 842. All oonmiunications which require action on the part of th« Intermediate and final authorities shall be forwarded or transmitted and those which it is not absolutely necessary to retain shall be re- turned, transmitted or forwarded, with an indorsement on the same- but orders, letters or other communications, which pass through an office simply as the proper channel, and bear no indorsement from superior headquarters, or on which no action is required by, or c^n be expected of, intermediate commanders, whether going forward or being returned, shall be transmitted without indorsement; the office mark placed on the briefing fold being sufficient to show that they have passed through the channel. 843. Indorsements shall be begun at the top of the second fold, and shall be numbered serially in order of dates on the successive folds. Indorsements shaU not be superimposed, but shall follow each other, additional space being provided iby pasting slips of paper on the under side of the last fold, each slip, when attached, to have the same length and width as the original fold, and to turn back upon the last fold like the leaf of a book. The first fold, on which the brief is made, shall always be outside. In no case shall a loose wrap- per be placed around an official paper, except as a mere covering. 844. An indorsement shall begin with its number (first indorse- ment) and shall be followed by the designation of the command or office, the postoffice address of the writer and the date. The subject- matter shall be preceded by the words " Kespectfully forwarded to," " Respectfully referred to," " Respectfully transmitted to " or " Respect- fully returned to " followed by the official title of the officer to whom it is sent. Commanding officers shall approve or disapprove com- munications forwarded to higher authority except as provided in sec- tions 837 and 842 and add their remarks. Then shall follow the sig- nature as explained under the title " Correspondence." In the absence of a commanding general his adjutant-general may forward communi- cations to superior authority, adding after his office the words " In the absence of the Commander." 845. To reduce labor long indorsements may be transmitted in the form of a letter as an inolosure to which the indorsement shall refer. The entry in the correspondence book shall refer to the letter book or file. 846. All inclosures shall be numbered and shall be given the proper office marks. Inclosures to the original communication shall be noted 147 on its face to the left of the signature. If others are added when an indorsement is made, their number shall be noted at the foot of the indorsement to which they pertain and also on the briefing fold of the original communication. To the latter notation shall be added tho number of the indorsement to which they belong, thus : " One inclosure — fifth indorsement." Inclosures to indorsements shall be numbered in the same series as those to the original paper, and the number of the indorsement to which they belong shall be added below. If few in number and not bullty, inclosures may be I^ept inside the original paper; otherwise they sliall be folded together in a wrapper marlted " Inclosures." Correspondence Book. 847. This booli shall show the sending, the receipt and disposal of every official paper except orders, circulars, stated reports and returns and letters of transmittal. 848. On the sending or receipt of an official paper it is entered on the left side of the boolc and the action talien or the disposition made of it on the right side of tlie boolc. 849. Communications signed by more than one person, shall be entered in tlie name of the most prominent, or in the name of the senior, should they be officers. 850. All entries shall be numbered consecutively beginning on the first day of January in each year with the number one. The number of this entry shall be placed on the first fold of a communication, at the right of the office mark when the communication is forwarded but at the top of the fold by the deciding office. Inclosures shall bear the number of the communication with which they are sent. 851. If a coramvmication be received again at an office or head- quarters the new date of its receipt shall be placed upon it but it shall not receive a new number or new entry. Under its number note shall be made of its receipt on tlie right side of the book. Communi- cations referring to the same subject shall ordinarily be entered under the same number but may be entered separately if necessary, in which case reference shall be made in the new and the other entries to the numbers of all communications received relating to the same subject. 853. When inclosures form part of the communication the fact shall be stated as part of the entry. 853. The action taken on communications received and entered shall be indicated on the right page of the book; if acted upon by indorsement the substance of the latter, and by whom signed, if not 148 by the ofiScer who should ordinarily do so, or, if it be of sufficient importance, or advisable, a verbatim copy of the same should be entered; if acted upon by letter and a copy retained, the entry shall refer to the number of the file where the same may be found; if acted upon and retained, i. e., filed, the facts shall be set forth, and the word " filed " written in the last column. 854. Before entering another number a line is drawn under the entries relating to the previous number, space being left for future additions when such may be expected. Files. 855. Communications entered in the correspondence book remaining in the office are filed in the order of their numbers; if withdrawn temporarily a slip shall be left in the place of the communication so withdrawn, indicating when and by whom; in addition if with- drawn permanently this fact and the explanation thereof shall be noted in the correspondence book under the proper number. For purposes of filing without folding, which is permissible, the corre- spondence book number may be placed on the communication near the upper right hand comer. Semi-official communications not entered in the correspondence book may be ifiled alphabetically. On January first of each year new files and new series of numbers shall be com- menced. 856. Complete files of general orders and circulars of each head- quarters and such special orders as may apply to the command or office, shall be kept separately. Where missing orders or circulars are needed to complete the files request shall be made for them to the proper headquarters. 857. Letter press copies of papers need not be made. If the paper sent is of sufficient importance a copy shall be retained and such copy shall be filed under the number of its original entry in the correspon- dence book. Indexing. 858. The index supplied with any book required to be kept shall be fully written up as the entries are made to which such index refers. 859. In keeping an index the following general rule shall be ob- served: Index everything which may assist in finding the entry when it is wanted; names of places, localities, subjects and organizations mentioned. : 149 ARTICLE XLVIII. OKDEBS. 864. A military order is the expression of the will of a chief con- veyed to subordinates. Orders are classified as routine orders and field orders. Routine orders are those used in the ordinary administration of military afi'airs and are called general orders, special ^rders, cir- culars and orders according to circumstances. Field orders are those dealing with tactical and strategical operations incident to a state of war. 865. The orders of the commander of a division, brigade, regiment, battalion not part of a regiment, or post, are denominated " general (or special) orders" of such organizations- according to their char- acter and are numbered consecutively in a separate series beginning with the calendar year. Orders issued by commanders of battalions forming parts of regiments, companies, or small detachments are simply denominated " orders," and are numbered in a single series, beginning with the year. Circulars issued from any headquarters are numbered in a separate series. 866. General orders publish to the whole command matters of im- portance which are of permanent interest or are to be constantly observed, such as hours for roll calls and duties, police regulations and prohibitions, laws and regulations, and the results of trials by general courts-martial. 867. Special orders are such as concern individuals, or particular organizations, or relate to matters that need not be made known to the whole command. 868. General orders and all important special orders shall be read and approved, before issue, by the officer whose orders they are. 869. An order shall state the source from which it emanates, its number, date, place of issue, and the authority under which issued. It may be put in the form of a. letter addressed to the individual con- cerned through the proper channel. 870. Orders for a body of troops shall ordinarily be addressed to its commanding officer, the address naming the office and not the indi- vidual. The commanding officer shall publish them and distribute copies when necessary. 871. Orders eulogizing the conduct of living officers shall not be issued except in cases of gallantry in action or performance of espe- cially hazardous service. 872. In the field, oral and important written orders are carried by officers. 150 873. Mounted enlisted men shall be employed to carry important dispatches only in special and urgent cases. The precise hours of departure and the rates at which they are to be conveyed shall be written clearly on the covers of all dispatches transmitted by mounted orderlies. 874. Orders and instructions shall be transmitted through inter- mediate commanders, in order of rank, except when they are of such character that the commanders have no power to modify or suspend them. In such cases the orders or instructions may be sent direct to the officer by whom they are to be executed, copies being furnished to the intermediate commanders. 875. Printed orders ar^ generally distributed direct by the head- quarters from which issued, in a quantity at least sufficient to supply each commissioned officer serving with the organization with one copy and one copy for each official file required to be kept and such addi- tional copies as may be deemed necessary by the officer issuing tliu order. 876. Such number of full copies or extracts of special orders is furnished to enable each person or organization affected thereby to receive a copy thereof. 877. All printed general orders shall be printed in type known as eight point modern, on paper seven and three-quarters inches long by five inches wide, the lines not to exceed three and three-eighths inches, with an equal margin on each side. No cuts, designs or devices shall bt printed on or in orders except when required as part of tlie text thereof. 878. General orders shall be placed in regular order in a file to which they shall be fastened. To this shall be added an index and this file shall be known as the order book. General orders may be permanently retained in this file or may be bound either annually or whenever there is a sufficient number to make a book of convenient fcize. 870. Special orders when printed, written or typewritten shall be issued on paper 8 x IQiA inches. They shall be filed and bound as provided for general orders in section 878. 880. In the case cf general orders a note shall be made at the top of tlie first number of a new series stating the last number of the preceding series. 881. In the margin or at the foot of a special order in the order book, there shall be noted in ink, to whom copies have been furnished and when, if at another date than that of the issue. 882. Example of beginning and ending of an order. 151 HEADQUABTERS, ISI INFANTBY, N. G., N. Y. 1 FiBST Avenue, Albany, Jan. 1, 1911. ;DEBS, I No. 1. GENEKAL ObDEES, 1 By Oedek of Colonel Doe: Richard A. Roe, OFFICIAL: Captain, Adjutant. Captain, Adjutant. Company A, 1st Infantky, N. G., N. Y. 1 FiEST AvENTJE, ALBANY, Jan. 1, 1911. OSDEES J No. 1.\ JOHN A, DOE, Captain. 883. If the signature of an order be not the actual handwriting of the officer signing it in the order-book, the oflScial nature of the order may be indicated by the word " Official " followed by the signature of ft staff officer, all placed after the close of the order just to the right of the margin; when the order is to be forwarded to higher headquar- ters, it shall, however, be 'made official by the commanding officer him- self; an enlisted man cannot official an order; if more than one copy of a printed order or circular be sent to a company or other organiza- tion, through the channel, but one copy need be made official, to do which a facsimile may be used, for the use of which the officer whoso signature is thereby represented, shall, however, be responsible. 884. When practicable true copies of papers shall be made by another officer than the one interested. A " true " copy may be mada by any officer, but an " Official " copy can be made only by the officer having authority to issue the order, or by an officer through whom the issuing authority may issue orders, viz.: adjutants-general, aids, And adjutants. 152 885. The address of the office or officer whom it is to reach, shall be placed in ink, below the order, in the lower left corner of the pagej this is also governed by the rules prescribed in the article on corres- pondence. 886. In cases of emergency, orders may be transmitted by tele- graph; when thus sent a copy shall immediately be furnished by mail. Officers receiving orders by telegraph shall at once acknowledge by the Bame means their receipt, to the officer issuing them. 887. The provisions herein prescribed for orders also apply to cir- culars. 888. The parole, countersign and watchwords are issued from the headquarters of the highest in command; they are of the nature of orders, but are neither general nor special, nor are they numbered or entered in the order-book. 889. Example of countersign. 153 Headquabteks 1st Infantry, N. G., N. V. Camp Josiali Porter, Albany, N. Y., July 1, ]91(l Countersign. Fort Orange. By order of Colonel Doe. Richard A. Rce, Capt., 1st Infantry Adjutant. (Four by five and a quarter inches and folded on dotted lines.) 154 890. Details of officers and enlisted men for guard, fatigue and outpost duties are orders, but are neither general nor special, and are entered in the respective rosters, and not in the order-books. ARTICLE XLIX. BOOKS, BEOORDS AND EETUENS. General. 895. The records of military organizations are the property of the state; they shall be carefully preserved, and on the discontinuance t)f the organization turned in to the adjutant-general of the state. 896. Commanding officers and inspectors are required to examine closely all military records; to see that errors are promptly corrected; that books and records are kept neatly, and that returns and reports are rendered promptly and in the manner prescribed. 897. All officers shall acquire the knowledge of making correct reports and returns, and of keeping military books and papers prop- erly; it is the duty of commanding officers to impart the necessary instruction, and require their subordinates to become competent in this line of duty. 898. The use of colored inks, in records and correspondence, except as carmine or red ink is used in annotation, ruling or compliance with Bpecific instructions issued on blank forms or otherwise, is prohibited. Books to be Kept. 899. At the headquarters of the division there shall be kept one general order book, one special order book, one correspondence book and a record of small arms practice. 900. At the headquarters of a brigade there shall be kept one gen- •eral order book, one special order book, one correspondence book, one register of officers and one book of reports of attendance. 901. At the headquarters of a regiment, a battalion not part of a regiment and a battalion on duty detached from its regimental head- quarters, there shall be kept one general order book, one special order book, one correspondence book, one register of officers and non-commis- sioned staff officers, one report book, one attendance book, one roster, ■one guard report book, one hospital and prescription book, one record book of field small arms practice and one record book of armory small *rms practice, and property account books, each officer accountable for property shall keep a separate account book for each class of property. 902. In each company there shall be kept one order book, one corre- 135 spondence book, one descriptive book, one morning report book, one attendance book, one roster, one sick report book, one record book of field small arms practice, one record book of armory small arms prac- tice; property account book or books, separate accounts to be kept for oacli class of property received and separate accounts with each en- listed man to whom property is issued. Stated Reports and Returns. 903. A copy of all reports and returns shall be retained, either in the report book, or on the prescribed form. Stated reports and returns ehall be forwarded through the channel unless it is expressly stated otherwise, and they are forwarded without a letter of transmittal, the fact and date of doing so being noted on the retained copy. 904. A semi-annual return of strength shall show the aggregate strength, on the 31st day of (March and the 30th day of September in each year, of the command for which it is made, and all gains and losses that have occurred during the preceding six months. Commanding Officer of the Division. 905. Annual report on the fifteenth of December each year to the governor. 906. Semi-annual returns of the strength of the national guard, on or before the twentieth days of April and October, to the adjutant- general of the state. 907. Abstracts of accounts of expenses at headquarters monthly. 908. Semi-annual return of delinquent officers, before the fifteenth ■days of May and November, and oftener if deemed necessary, to the adjutant-general of the state. 909. Copies of all orders issued, on the day of issue to the adju- tant-general of the state. Commanding Officer of a Brigade. 010. Copies of all general orders to the adjutant-general of the «tate, and copies of all general orders and of special orders in which ■drills, parades, details or movements of troops are ordered to the com- manding officer of the division on the day of issue. Oil. Reports of attendance at brigade drills or parades within ten ■days after such drills or parades to the commanding officer of the ■division. 156 913. Reports of attendance received from organizations of the brigade, to the commanding officer of the division as soon as entered in the book of reports of attendance. 913. Semi-annual return of strength in duplicate, with sub-returns, on or before the fifteenth days of April and October, to the command- ing officer of the division. 914. Semi-annual return of delinquent officers, on or before the fif- teenth days of May and November, and oftener if deemed necessary, to the commanding officer of the division. 915. Voucher for expenses at headquarters on the last days of December, March, June and September of each year direct to the adjutant-general of the state on Form 36, and on November loth an annunal account thereof. 916. Annual report on the condition of the brigade, on or before the last day of November to the commanding officer of the division. 917. Roster required by regulations for small arms firing, annually on or before April 5th direct to the chief ordnance officer of the division. A Commanding Officer of a Regiment and of a Battalion not Part of a Regiment or on Duty Detached from its Regimental Headquarters. 918. Copies of all general orders to the adjutant-general of the state and copies of all general orders and of special orders in which drills, parades, details, or movements of troops are ordered to next superior headquarters on the date of issue. 919. Report of attendance daily in morning report book when on duty under M. L. 113, 115 or 116 to next superior headquarters; if not practicable to use the report book then on Form 44. 920. Report of attendance when not on duty under II. L. 113, 115 or 116, within seven days after each drill and parade to next superior headquarters on Form 44. 921. Report of attendance when on duty under M. L. 113 showing the daily and average total attendance within ten days after the ter- mination of such duty on Form 89, one copy to next superior head- quarters, and one copy direct to the adjutant-general of the state. 922. Semi-annual return of delinquent officers on or before the 15th ■ days of May and November, and oftener if deemed necessary, to the commanding officer of the division. 923. Semi-annual return of strength in duplicate, one copy to be- accompanied by the sub-returns, on or before the 10th days of April and October to next superior headquarters on Form 72. 157 924. Annual consolidated return of attendance for the state allow- ance on or before the last day of December to the adjutant-general of the state on Form 38. 925. Voucher for expenses at headquarters on the last days of De- cember, March, June and September, of each year direct to the adju- tant-general of the state on (Form 36, and on November 15th an annual account thereof. 926. On or before April 6th, roster or field book direct to the chief ordnance officer of the division as required by regulations for small arms firing. 927. Within ten days after the termination of duty under M. L. 113, 115 or 116 a report of the same shall be made to next superior head- quarters. 928. When on duty under M. L. 113, 115 or 116 immediate report shall be made by telegraph direct to the adjutant-general of the state of all officers or men killed or who left or were removed from the post or station by reason of injury or illness. 929. Upon the termination of duty under M. L. 113, 115 or 116 and field small arms practice, immediate report shall be made direct to the adjutant-general of the state of all officers and men who are then on sick report. A Commanding Officer of a Company. 930. Copies of orders for movements of organizations and drills and parades, on the day of issue to next superior headquarters. 931. Report of attendance daily in morning report book when on duty under M. L. 113, 115 or 116 to next superior headquarters; on Form 43; if not practicable to use the report book. 932. Report of attendance when not on duty under M. L. 113, 115 or 116, to next superior headquarters, on Form 43 at such times as the commanding officer to whom the report is to be made may prescribe, but in any event within five days after each drill and parade. 933. Report of attendance when on duty under M. L. 113 when on detached service showing the daily and average total attendance within five days after the termination of such duty to next superior head- quarters on Form 43. 934. Delinquency returns to next superior headquarters within five days after each ordered duty or in the discretion of the officer author- ized to appoint the court on the last day of each month. 935. Semi-annual return, accompanied by the enlistment papers which have not been previously forwarded, on or before the 1st days of April and October, to next superior headquarters on Form 71. 158 936. If accountable for property an annual return of same to tlia adjutant-general of the state with, vouchers and inventory on the data of the annual inspection. 937. By the commanding ofiScer of a company of signal corps, field hospital, ambulance company, separate troop, battery and separate company, an annual consolidated return of attendance for the state allowance to the adjutant-general of the state on the 31st day of December on Form 38. 938. On or before April 5th annually by the commanding officer of a battery, company of signal corps, separate troop and separate com- pany field hospital and ambulance company, roster or field book direct to the chief ordnance officer of the division as required by regiilations for small arms firing. 939. On or before the 1st day of November, December, January, February, March, April and May by commanding officer of a battery, company of signal corps, separate troop, field hospital and ambulance company, report of armory small arms practice as required by regula- tions for small arms firing. Ordnance Officers, Quartermasters, Commissaries and Medical Officers. 940. Eeturn of purchases and issues at the termination of any ordered duty, or sooner if directed, to his commanding officer if the expense is to be paid by a county; otherwise to the ay shall be forwarded direct on the date of the in- spection, the other shall be retained, each copy shall have a complete set ■of vouchers. 1048. -A return shall show the property on hand at the date of the last return or in the case of a new accountable officer, at the date of the final return of his predecessor; the property received since, disposed of 171 in an}' manner; and remaining to be accounted for at the date of tlie xeturn. 1049. Tlie receipt of property shall be supported by invoices; or if property be found and taken up, by an inventory and statement on honor setting forth the transaction. 1050. The d.isposal of property shall be shown by receipts for prop- erty issued or transferred, or by a copy of the order authorizing prop- ■erty to be dropped, or by the certificate of expenditure for property •expended. When the vouchers are numerous they may be consolidated in an abstract, but the original vouchers shall also be forvfarded. 1051. When an enlisted man has been convicted by a military court, •of losing or damaging public property, the officer accountable for the property shall send with his property return a certified copy of so ■mucli of the military court order as refers to the case, giving number, ■date, and place of issue of the order, and stating on the face of said . .014 .014 Hominy Potatoes, fresh Tomatoes, canned .08 Prunes 1 .4 Coffee, roasted and ground 1.12 Tea 2.4 5 Gill. Salt Ounce. Pepper ■Ginger Lard Oleomargarine Syrup Gill. Ounce. ITlavoring extract, vanilla a When procurable locally. 6 When impracticable to furnish fresh meat. c On National holidays, when practicable. d To be used only when impracticable to use flour or soft bread. f When ovens are not available. f When ovens are available. 178 Emergency Eation. 1090. The emergency ration is furnished, in addition to the regular ration, as required for troops on active campaign and shall not be opened except by order of an officer or in extremity, nor used when regular rations are obtainable. 1091. Ration returns upon which emergency rations are drawn shall bear the certificate of the organization commander that such rations are required for the enlisted men of his organization and that the money value of any emergency rations previously drawn by him, and improp- erly opened or lost, has been charged against the person responsible. 1092. Company and detachment commanders are responsible for the proper care and use of emergency rations carried on the person of the soldier. 1093. The emergency ration is packed in sealed cans, one ration to- a can, and is habitually carried by every enlisted man in campaign con- stituting part of his field kit. 1094. Additional articles of the ration when furnished by the state are: Ounces. Ham, in place of other articles of the meat ration 12 Fresh fish, in place of other articles of the meat ration 20 Cheese 4 The Travel Eation. 1095. When a journey by rail is to be of any considerable length, arrangements may be made to obtain liquid coffee at suitable railway stations and times. In the United States and state service there is allowed for this purpose twenty-one cents per man for each full period of twenty- four hours' travel, beginning with the hour of starting, and for any fractional part of a twenty-four hour period at the end of the journeys at the rate of seven cents for each meal in such fractional part, three- meals being allowed for a full period of twenty-four hours. In the United States service should any part of this allowance remain unexpended it shall be transferred to the company commanders pro rata to be used by them as part of the company fund. 1096. For use as part of the state travel ration, coffee and tea can be obtained in condensed form in shape of balls, lozenges or tablets, easily dissolved in hot water. Cans of meat, beans or anything else of six pounds or less will be found more advantageous than larger Bizes or packages. 179 Otlier Issues of Subsistence Stores. 1097. The following issues are authorized when necessary for the puWic service and shall he made on ration returns approved by the commanding officer, who shall determine what quantities, within the limits prescribed below, shall be issued: a. Soap: To organizations for each ration, .64 ounce. b. Candles, when illuminants are not furnished by the quarter- master's department: To organizations for each ration, .24 ounce. To headquarters in the field of organizations larger than a company, to hospitals, depots of supply, guards, and tele- graph stations, such quantities as the commanding officer may order as necessary. c. Lantern candles: For use in lanterns used in the public service, such quantities' as the commanding officer may order as necessary. d. ilatches: For lighting fires and lights, for whicli fuel and the neces- sary illuminating supplies are issued, such quantities as the commanding officer may order as necessary. e. Toilet paper: For use at military camps, and rendezvous or where sanitary conditions require its use, one package or roll of 1,000 sheets for every sixty rations. f. Ice: To organizations, when practicable and where rations are issued in kind, for each ration, 4 pounds; the maximum allowance to any organization or detachment of less than 100 men to be 100 pounds a day, and to organizations of lOO men or more to be 1 pound a day a man. To the commissary, for the preservation of subsistence stores only and to a hospital, such quantities as the commanding officer may order as necessary. Subsistence Property. 1098. The state allows subsistence property as follows: .Cooking outfits, complete, of suitable sizes, to the headquarters of the division, of brigades, of regiments, of battalions not part of regi- ments, of battalions serving detached from their regiments; to the 180 non-commissioned staff officers of a regiment; to a detachment of hoa- p-tal corps; to a band; to each troop, battery and company. Portable platform scales, field desks, commissary chests and, when necessary, field safes to the headquarters of a regiment, a battalion not part of a regiment, and to a battalion serving detached from its regiment. The necessary blank books, forms and stationery. Purchases. 1099. Whenever it is practicable the adjutant-general of the state will make contracts for subsistence. When such contracts have not been made, commanding officers, when on duty under or pursuant to the orders of the governor, may order, when so authorized by the governor, the purchase of such subsistence supplies as are absolutely required to enable them to carry out their orders, but only in such quantities as herein prescribed as the nature and probable length of the service will justify. In such cases bids should be obtained from at least two dealers, and purchases made from the lowest responsible bidder. 1100. In extreme emergencies, when on duty under or pursuant to the orders of the governor, commanding oflScers are authorized to order purchases without prior authority from the governor, but in such cases they shall report their action forthwith, through the channel, to the adjutant-general of the state, transmitting a statement of the articles purchased and of the cost thereof. 1101. Commanding officers of organizations on duty in aid of the civil authorities shall without authority from the governor order the purchase of supplies. Only what is absolutely necessary for the immedi- ate use and care of their commands and in quantities prescribed by Regulations shall be thus purchased. The cost of a ration shall not exceed forty cents exclusive of the cost of transportation. They are not required to render a report to the adjutant-general of the state, as set forth in section 1100. 1102. Ofiicers, who may be required to make purchases, shall keep themselves well informed where articles required for subsistence can be obtained on short notice and at what cost, and also as to markets, prices and quantities, so that when ordered to purchase, there will be no delay. To this end, they shall, from time to time, enter into arrange- ments with dealers for the prompt delivery of supplies when needed. 181 1103. In making purchases of the following, a bushel (U. S. stand- ard) should weigh, Pounds. Apples, dried 2n Barley 48 Beans 60 Beets 52 Carrots 50 Corn 56 Corn meal 50 Hominy 45 Oats 32 Pounds. Onions 57 Peaches, dried 33 Peas 60 Potatoes 60 Eye 56 Salt, fine 60 Turnips 60 Wheat 60 1104. As a rule it will not be necessary to make purchases until the supplies are actually required, and arrangements can generally be made for their delivery in accordance with the demand. If practicable, arrangements should be made, so that surplus articles, ■when the service ceases, will be taken back by the sellers. Vouchers. 1105. Separate vouchers shall be made for the purchase of subsist- ence stores and for the purchase of subsistence property. 1106. A voucher shall show by whom the purchase was ordered and why it was ordered, what was ^purchased, the quantity thereof and the cost in detail and total. If purchases have been made under a contract, written agreement or order from proper authority, the con- tract, agreement or order, if not already forwarded, shall be attached to the voucher. When purchases are to be paid for by the state the purchasing officer shall certify all vouchers and forward the same with the required return, to the commanding officer for his action and transmittal ta the adjutant-general of the state for payment. 1107. When purchases are to be paid for by a county treasurer, the voucher shall be certified by the commanding officer (M. L. 211) who shall forward the same to the commanding officer of the division or brigade as the case may be. The division or brigade commander after approving the voucher shall forward it to the proper county treasurer for payment. 1108. The signature to a receipt and the name of the business firm as entered at the head of an account shall be literally alike. When 182 a payment is to be made to an attorney, he shall be required to sign the receipt with the mame of the principal, adding the words " by his (or her) attorney in fact," signing his own name thereafter. When the signature to a receipt is not written by the hand of the party, his mark shall be witnessed, and by a commissioned officer if practicable. 1109. To obtain the allowance made by the state under section 1082 a voucher shall be prepared at the close of the service by the commis- sary officer and certified by him. He shall submit it to his commanding officer for his action and transmittal to the adjutant-general of the state for payment. This voucher shall show the name of the organi- zation, the service performed, the authority therefor, the number of officers and enlisted men present for each day of the service, the total number of officers and enlisted men, the allowance for each and the total allowance. Claims for payment shall only be made for the amount actually expended, and in support thereof, properly receipted commis- sary sale slips or bills of dealers shall be furnished, showing stores actually delivered, and the particulars of these sale slips or bills shall be entered on the voucher. 1110. So far as practicable the purchase of stores with the allowance provided for in section 1082 shall be made by the commissary officer for issue to the subdivisions of the command in such manner as may be prescribed by the commanding officer. KEQUISITIONS FOB SUBSISTENCE SUPPLIES. Stores and Property. 1111. To obtain subsistence supplies by other means than purchase, requisition shall be made on the issuing officer. 1112. An issuing commissary who is not also a purchasing commis- sary makes requisition for subsistence supplies on Form 107, approved by his commanding officer through the channel on the nearest purchas- ing commissary. The requisition shall state quantity on hand, number of the men, and how long to be supplied. Separate requisition in duplicate shall be made for subsistence stores and for subsistence property. Ration Returns. 1113. A requisition on which subsistence stores are issued to organi- zations is a ration return. Ration returns are ordinarily made for not less than two days, except such as cover travel rations. 1114. The commanding officer of a company, non-commissioned staff or detachment ordinarily makes the ration return for his command on the day before the rations are required and submits it with the daily 183 morning report to his commanding officer. The medical officer in charge of a hospital makes a ration return for the sick in hospital. The officer •who employs civilians, authorized to be subsisted, or the officer directed to subsist civilian employees makes the ration return for them. 1115. A ration return is based upon the full enlisted strength of a command present on the day it is submitted, as shown by the morning reiport. For men who joined after a return has been submitted rations are added to the next return and rations are subtracted for those who have left. Post, separate battalion and regimental commanders before approving returns shall causa the additions and deductions thereon to be verified by comparison with the morning reports of the subdivisions. Men sick in hospital, though present at the post or camp ■with their command, are not included in the return of the subdivision. 1116. Ration returns for troops shall be signed by the immediate commanders of the organizations, and approved by the commanding officer. After approval they shall be presented to the commissary for action. Single ration returns shall be submitted for organizations, in- cluding persons permitted to mess separately, and shall embrace all persons actually present. Individual " Ration and Savings Accounts " shall not be opened for enlisted men or civilian employees permitted to mess separately. Company and detachment commanders shall per- sonally verily the additions and deductions of rations on the returns on account of men joining and leaving during the ration periods imme- •diately preceding, and the proper authority before approving such ration returns shall cause them to be verified. 1117. Tlie state allows subsistence for officers and authorized civilian ■employees. When subsistence is paid for by the state or by a county the return suitably altered may include all these persons. When sub- sistence is paid for by the United States the ration return shall include only enlisted men and specially authorized employees and separate ration returns shall be made, for officers, civilian cooks and authorized servants and civilian employees and when approved forwarded direct to the adjutant-general of the state for payment. 1118. The form of a ration return for a subdivision is Form 28. 1119. A full day's ration is the unit. Fractional parts of the unit for a fractional ipart of a day are not allowed. Enlisted men joining station at or before dinner hour of a given day shall be allowed full rations for the day. 1120. When a person entitled to rations leaves a command the rations allowed for him for any period beyond the date of his leaving and not taken with him shall be deducted on the next ration return. 184 1121. If an enlisted man joins a command in any manner (for ex- ample, a recruit, from furlough, from hospital, or from detached serv- ice) after the ration return has been rendered by the commanding^ officer, he shall be subsisted on the rations in possession of the com- mand which were drawn before his arrival. The command thereby becomes entitled to add to the nest ration return rendered by it as many rations as there were days from the date of his joining to the end of the ration period current at the time. If more than one man join, the command is entitled to add to the next ration return the sum of all the rations so due it. For examiple, if the period for which the last return made was from January 1st to January 10th and the men shown below joined during that rperiod, the total number of rations to be added to the return for January 11th to January 20th would be 62. Corp. A — from hoaipital, Jan. 2 9 rations to Jan. 10. Sergt. B — from furlough, Jan. 5 6 rations to Jan. 10. Detachment, 15 men from detached service, Jan. 8. 45 rations to Jan. 10. Pvt. C — recruit, Jan. 9 2 rations to Jan. 10. 62 •Commanding officers shall see that all rations due their commands are properly entered on the ration returns. 1123. If an enlisted man leaves a command in any manner (for example, by discharge, furlough, detached service or entering hospital) after the ration return has been rendered the rations which had been drawn for him in advance for the period which he is absent remain in the possession of the command, and the government is entitled to have a deduction mais on the next return of the number of rations thus remaining. If more than one man leaves the sum of all the rations- left behind by those leaving shall be deducted. For example, if the period for which the last return made was from January 1st to January 10th and the men shown below left during that period the total number of rations to be deducted from the return for January 11th to January 20th would be 60. Detachment, 5 men on detached service, Jan. 2 , . . |45 rations to Jan. 10. Corp. X on furlough, Jan. 4 7 rations to Jan. 10. Pvt. Y discharged, Jan. 6 5 rations to Jan. 10. Pvt. Z to hospital, Jan. 8 3 rations to Jan. 10. 60 185 Commanding ofiScers shall see that all proper deductions from their ration returns on account of men leaving are correctly made. 1123. When subsistence is furnished by the United States all articles of the garrison or travel ration due to a company or other commanda shall be retained by the commissary and credit given to the command for the money value of these articles at the current price of the articles ; and the commissary shall pay as savings to the organization command- ers any excess in value of the stores so retained over those purchased by their commands. 1124. When troops are on duty pursuant to orders of the governor or upon the call of civil authority the commissary shall give credit to a command at the rate of forty cents per ration; for patients in hospital a,t the rate of fifty cents per ration, and pay as savings any excess in value of such amount over the stores purchased by the command. 1125. The commanding officer shall designate the periods for which ration returns are to be submitted. Immediately upon the receipt of a ration return at the commissary, duly signed and approved, the com- missary shall enter it together with the actual cost of the ration as computed or the credit as provided above on the back of the ration and savings account. The stores required shall be purchased from the commissary on charge sale slips, in the name of the organization against their credit shown on the account. Whenever necessary the organization commander shall settle the account at the commissary. When sub- sistence is furnished by the United States the savings due the or- ganization or the amount due the commissary as the case may be shall be paid and the account certified as required. When on duty pur- suant to orders of the governor or upon the call of civil authority the amount due the commissary shall be paid and the savings due the organization shall be certified by the commissary to the adjutant-gen- eral of the state or the county treasurer for payment. 1126. All articles of -the ration required for the supply of troops- shall be obtained to the extent that they are in stock from the com- missary, except that if any organization uses during the month more of any article of the ration than is authorized by Regulations such excess need not necessarily be bought from the commissary, and if any article be not in stock, a temporary supply may be purchased else- where. 186 Issues. 1137. In the state service tlie purchasing commissary of subsistence shall obtain such articles and component parts of the ration and extra articles for issue or sale as are directed by his commanding officer and shall make no purchase except by like authority. 1128. Canned roast beef should be used not oftener than two days in ten and only when vegetables can be provided and cooking facilities are available. 1139. Corned beef, roast beef and corned beef hash shall ordinarily be purchased in two pound net weight cans and issued as such. When emergencies require the /purchases of trade packages (No. 2 can) of these articles such cans shall be issued as twenty -four ounces. Trade packages of other ration articles being of varying weight their contents shall be estimated as follows in making issues: Kah, salmon, No. 1 can 16 ounces Baking ipowder, No. 1% can 8 " Beans, balced, No. 1 can 10 " Beans, baked. No. 3 can 32 " Tomatoes, No. 2% or No. 3 can 32 " Tomatoes, No. 10 can 104 " Jam, No. 2 can 25.20 " Milk, evaporated, family size 12 hotel size 32 " " pint can 16 gallon can 128 Lard, No. 5 pail 66.56 " Spices, No. ^ can 4 Flavoring extract, 2 ounce bottle 2 " " 8 ounce bottle 8 Undrawn chickens shall be issued at 80 per cent, of their invoice weight and undrawn turkeys at S5 per cent. 1130. Issues made by a commissary are abstracted on the abstract of issues. The issues are made on ration returns, which are referred to on the aibstract but retained by the commissary. The commanding officer ordering the issues certifies to the correctness of the abstract. When issues are made, issue slips are prepared by the issuing commis- sary in duplicate, showing articles and quantities drawn. One copy, receipted by the officer drawing the stores (or the person authorized by him to receive and receipt for the supplies), is filed by the issuing 187 commissary with his retained pajpers, the other being given to the receiving officer of the organization. If a company or detachment is detached from a command the commissary shall furnish the officer in •charge with a ration certificate showing the date to which the ration account has been settled. 1131. The following is an example of a bill of fare: Suggested Bill of Fare for Three Days. 1st day. — Breakfast: Ham, potatoes, bread and coffee. Dinner: Irish stew (mutton), bread, coffee. Supper: Cold ham, prunes, bread, tea or coffee, and cheese. 2ndday.— Breofc/as*; Corn meal mush, syrup, bacon, bread, coffee. Dinner: Corned beef and cabbage, potatoes, bread, coffee. Supper: Cold corned beef, canned peaches, bread, tea or coffee. 3rd day. — Breakfast: Corned beef hash, bread,' coffee. Dinner: Beef, potatoes, onions, bread, coffee. Supper: Cold beef, canned apples, bread, tea or coffee. 1132. When rations are not furnished by a commissary or when rations obtained from a commissary are found by a surveying officer to be deteriorated, lost, or destroyed, so that those for whom they were procured were insufficiently subsisted and money is expended from the company fund for necessary subsistence, the company fund may be reimbursed by the adjutant-general of the state for the amount so expended upon a, full statement of the facts of the case. 1133. Perishable rations, especially fresh meats, shall be inspected by a medical officer of the regiment or command to which they are to "be furnished before issue to subdivisions. 1134. When cooked meals are furnished they shall be inspected when practicable by a medical officer before they are accepted and served. 1135. When subsistence supplies are found to be unfit for issue, the accountable officer shall immediately report the fact to his commanding officer and request the action of a surveying officer. 1136. After rations leave the commissary they are in the keeping of the troops, and any loss sustained is theirs. Savings. 1137. To obtain the savings made by an organization when not paid ty the commissary its commanding officer shall submit a voucher Porm 108. In the body of the voucher is written " for savings on 183 subsistence (character of duty), pursuant to (such order), from (date) to (date)." The date and amount as shown by each issue slip shall be entered, and the amount of savings. The voucher shall be certified by the issuing commissary. 1138. The money value of the savings of the ration shall be paid to the commanding officer of the organization making the savings. In the case of a hospital the savings shall be paid to the medical officer in charge of the hospital. Money so received shall be expended solely for the benefit of the organization. An officer v^ho receives such money shall account for it to liis immediate commanding officer on or before the 31st day of December next succeeding and annually thereafter. Commutation of Rations. 1189. When on duty with troops general officers and the officers on duty at their headquarters are authorized to commute subsistence at forty cents per day. The subsistence of enlisted men and civilian em- ployees on duty at the headquarters of a general officer may also be commuted at the same rate provided rations cannot readily be furnished. Such commutation shall be furnished upon the written order of the general officer at whose headquarters the same is required, stating the necessity therefor. 1140. Subsistence, including lodging, may be commuted by officers and enlisted men who are on duty by order of the governor or under his authority, but not with troops nor at their home station, at the rate of six dollars and three dollars per day, respectively, provided they have not been furnished with quarters and subsistence in kind. 1141. An officer designated shall submit a voucher for the commu- tation provided for in section llS©. Such voucher shall show the names of the officers, enlisted men and civilian employees, the authority for the detail or employment, number of days and the total amount for each person and the aggregate. A copy of the order mentioned in section 1139 shall be attached to the voucher, which shall be sent to the gen- eral officer for his action and transmittal to the adjutant-general of tha state. Accounting for Subsistence Supplies. 1143. Subsistence supplies, like all other public property, shall be accounted for. Subsistence property shall be accounted for in the same manner as other property by the accountable officer. 1143. Subsistence stores (purchased and issued) shall be accounted for by the accountable commissary officer within ten days after the completion of the tour of duty on Form 32. 189 Miscellaneous. 1144. If cooked meals are furnished by contract or obtained by pur- chase, Form 109 shall be used. Three cooked meals constitute one ration. Cooked meals shall not be obtained unless absolutely necessary; the cost shall not exceed fifty cents per meal. 1145. A return for rock salt or vinegar for animals when necessary for the public service shall be made by the oflBcer in charge of the animals. The commanding officer shall determine the quantities to be called for, not to exceed eight-tenths of an ounce of salt and one-tenth of a gill of vinegar for each animal per day. The part of the ration return numbered 7 is used as a return or requisition and reproduced on the reverse side of the retained stub. 1146. Transportation for subsistence supplies shall be furnished by the quartermaster of the organization which is to receive them, if pro- vided with the means; otherwise by the quartermaster of the com- manding officer of the issuing commissary. ARTICLE LVI. ACCOUNTS, VOUCHEES, ABSTRA.CIS AND EECEIPTS. 1155. No officer of the nwlitia, except as provided in M. L. 22, shall incur any expense whatsoever to be paid by the state without first obtaining the authority of the governor. To obtain this authority the officer shall make application to the adjutant-general of the state. 1156. The words "extreme emergencies" used in M. L. 22 shall be construed to mean that a commanding officer in such case is authorized to purchase, provide or arrange for services and materials that are immediately necessary to provide for the care and relief of the per- sonnel or the protection of the property of his command; a report of such action containing a statement of the services and materials purchased, provided or arranged for and the price thereof, shall be made forthwith to the adjutant-general of the state. 1157. A copy properly officialed of each order entailing or involving expense payable by the state shall be forwarded to the adjutant-general of the state immediately on its issue by the officer who issued it. 1158. All accounts payable from appropriations must be forwarded in ample time to allow of their audit and payment before September 3'Oth when the fiscal year of the state ends. 1159. Unexpended balances of appropriations lapse at the end of two years from the date on which such appropriations became laws, and an account which is not paid before the appropriation from which it 190 is payable is exhausted or lapses, cannot be satisfied without special legislation. 1160. Accounts shall be expressed in terms of dollars and cents; when fractions of less than one-half cent occur in the extension or footing of an account they shall be disregarded; if the fraction be one- half or more it shall be reckoned as a cent. Vouchers. 1161. A voucher shall set forth the name of the creditor preferring the claim; the authority for the expenditure, if an order its number, source and date, and in detail the particulars thereof to insure the audit and payment of an account; such account must be authorized by law, but its history in full in every detail and respect shall be shown upon the voucher. The requirements prescribed in the Military Law, other statutes, the Eegulations and orders shall be complied with strictly and to the letter. 1162. A voucher shall be certified by the officer named as creditor; in other cases by an officer familiar with the transaction. Such certifi- cate shall set forth that the services were rendered and materials furnished as stated and that they were necessary for the public service. The voucher shall be receipted by the creditor in advance of payment and verified (see section 1178) as required by the state finance law. 1163. The blank form provided by the adjutant-general of the state shall be used, if practicable, by all persons who have occasion to pre- sent an account for payment. Bills made out on ordinary bil'I-head forms may be accepted if the particulars required by section 1161 and the certificate required by section 1162- are placed thereon. Bills on scraps of paper are inadmissible as vouchers or sub-vouchers. 1164. Should the creditor present a bill or account on the ordinary bill-head containing numerous items such bill or account may be pasted on or attached to the voucher below the statement containing the particulars required by section 1161. Oeneral Vouchers. 1165. Where reimbursement for expenditures is sought the items shall be set out in the voucher and supported by sub-vouchers and to the usual certificate shall be added the words " and that I have actually paid the items above stated in the amounts above set forth." 191 For Services, Expenses and Incidentals. 1166. An ofBcer or enlisted man on duty by order of the governor, or by lais authority, is entitled, when not on duty with troops, to his necessary traveling and other expenses and subsistence (provided he has not received transportation and subsistence in kind) and to pay for the time actually employed. Such officer or enlisted man shall present his account on Form 36 for traveling and other expenses, subsistence and pay. 1167. The pay allowed by law is defined in il. L. 210. Transporta- tion over the shortest usually traveled route by railroad, boat or other common carrier, transfer of Ibaggage, and for ofScers, cab or carriage hire, are allowed. 1168. An ofBcer who makes disbursements for telephone or messen- ger service, telegrams, postage, expressage, carriage, horse hire, or other incidental expenses shall make claim for reimbursement of such expen- ditures in the voucher containing his account for pay, subsistence and transiportation. Sub-vouchers shall be obtained whenever practicable and submitted with the voucher. The passenger's check for sleeping- and parlor car accommodations shall accompany the voucher. 1169. A voucher for each specific duty shall be made as soon as practicable after the duty has been completed. Only one copy of a voucher, the original, shall contain signed certificates, approvals, and receipts. As many copies, in memorandum form, duly authenticated, may be made as administrative requirements demand. The officer per- forming the duty shall submit his voucher to the officer by whose order he was detailed by name for the duty for action and transmittal direct to the adjutant-general of the state. The president of a court or board consisting of more than one officer shall forward at the sam.e time all the vouchers of the members of such court or board with a letter of transmittal enumerating them. 1170. When "urgent public duty has compelled travel, without au- thority previously obtained, the case shall be immediately reported to- the governor, whose approval in subsequent orders shall be accepted as though previously issued. 1171. A voucher for service shail set forth: 1. The name and grade or office and organization of the person mak- ing the claim. 2. The nature of the duty performed, source and number of order directing the performance of the duty. 3. The date or dates on which a journey has been made. 192 4. The details of the journey, namely from such place to such, place; railroad, parlor or sleeping-car fare; steamboat and stateroom fare; carriage or cab-hire; cost of baggage transfer, and in like manner of the return trip; total. 5. Pay; number of years' service; dates for which pay is claimed; number of days; pay per day; total pay. (Part of a day treated as a full day.) 6. Subsistence; dates for which subsistence is claimed; total number ■of days; rate per day; total. (Part of a day treated as a full day.) 7. Incidental expenses (see section 1168). 8. Signature to certificate, name, grade or office and organization of the person making the claim. 9. Signature to receipt of the person making the claim. 10. Action as provided in section 1169. 193 1172. The following is an example of a voucher for service showing the method to be followed in making it; the numbers refer to the text in the preceding section: THE STATE OF NEW YORK, Office of the Adjotant-General, (1) To Lieut .-Colonel John A. Doe, 1st Infantry, N. G., N. Y., Dr. Albany, March 20, 1910. Date. 1910. <3) March <3) <5) ^^} Vl (7) <7) <7) 1 to 16 1 to 16 9 15 16 10 (2) As member of a general court martial, S. 0. 17 D. 1910: fare Railroad, $3.10 and parlor car, 75c.; from Albany to New York city (4) . Baggage at Albany, 35c.; baggage at New York city, SOc; cab in New York city, «1.25 (4) Railroad, S3. 10 and parlor car, 75c.; fare from New York city to Albany (4) Baggage in New York city, 50c.; cab in New York city, SI. 25; baggage in Albany, 36c. (4) Pay, grade of lieutenant-colonel, ten years' service, sixteen days, at SH.66 (5) Subsistence, sixteen days, at $6 (6) Telegram to president of court Postage Expressage on record of court to C. O. Div. sub-voucher No. 1 Horse hire, one day, to attend examination of locality, sub-voucher No. 2 (10) Approved: RICHARD A. ROE, Colonel 1st Infantry N. G., N. Y. President of Gen. C. M. Dollars. $3 2 3 2 186 S301 Cents. 85 10 85 10 56 00 75 56 50 00 27 I certify that the above account is correct and just, that the services were ren- dered and materials furnished as stated, and that they were necessary for the public service and that I have actually paid the items above stated in the amounts above set forth. (8) JOHN A. DOE, Lieut.-Colonel 1st Infantry, N. G., N. Y. DISBURSEMENT RECEIPT. Received from the treasurer of the State of New York three hundred and one dollars and twenty-seven cents in full of the above account. «301.27 (9) JOHN A. DOE. For Purchases. 1173. A purchase of supplies or engagement of services shall be made: a. By contract, " reduced to writing and signed by the contracting parties with their names at the end thereof." Agreements of this character only are termed " contracts " in these Regulations. This 7 . i .; 194 method, subject to such exceptions as may be authorized by the governor, shall be used when delivery or performance does not imme- diately follow an award or bargain. b. By written proposal and written acceptance. This method may be rasorted to when delivery or periormance immediately follows award or bargain or when specifically authorized by the governor. c. By oral agreement. This method may be used under circum- stances indicated in section 1174 if delivery or performance immedi- ately follow the agreement. 1174. An open-market purchase of supplies or engagement of services is one made without advertising, and is authorized in the following cases: a. In an extreme emergency, as when the public exigencies require immediate delivery or performance and there is no time to advertise by newspapers, posters, or circulars. b. When it is impracticable to secure competition. c. When proposals have been invited and none have been received. d. When proposals are above the market price or otherwise un- reasonable. e. When exceptional articles of subsistence supplies are purchased. f. When the aggregate amount of supplies or services to be procured is $100 or less. g. When authorized by the governor. 1175. The purchase of supplies and the procurement of services in open market shall be made in the manner common among business men, but every such purchase exceeding $100 shall be reported im- mediately to the adjutant-general of the state. 1176. A voucher containing an account for property purchased shall set forth the necessity and authority therefor; the articles and quan- tities, the cost of each article and the total cost. A voucher for labor or services shall show by whom they were furnished or rendered, by whose order and for what purpose they were required, the dates when furnished or rendered, pay per day and total amount. 1177. A voucher for purchases, labor or services shall show in brief the mode of engagement, i. e. : a. Method of or absence of advertising. b. Form of agreement. The authority for making a purchase, hiring labor or engaging a service, a statement of the object and the necessity for the same shall 195 be stated in each voucher. When purchases are made, labor hired, or services engaged under an accepted bid after public notice, a copy of the notice, the accepted bid and a copy of the letter accepting the bid shall be filed with the voucher and a reference made thereto on subse- quent vouchers for purchases made, labor and services performed under the accepted bid. No reference shall be made to any agreement not in writing nor to one in writing which has not been transmitted to the proper officer with some voucher. 1178. A voucher for materials, labor or services exceeding fifty dollars in amount shall be accompanied by an affidavit of the claimant taken before any officer authorized to administer oaths and shall be in the following form: STATE OF NEW YOEK, i CovTUTi or , f *^" ■ , being duly sworn, says that the articles, materials, la,bor and services charged in the foregoing voucher were actually sold, delivered, rendered and performed to the State of New York at the dates and for the prices therein charged which are fair, just and rea- sonable charges for the same; that the said voucher is just and true; and that no part of the same has been paid or satisfied. (Signature of claimant.) Sworn to before me, this day of ,19 (Signature and title of officer administering oath.) 1179. When thp payment of an account is to be made from funds derived from the United States, the provisions of the army regulations and the organized militia regulations shall be complied with. Horsehire. 1180. Each officer and enlisted man ordered for duty, for which duty he is entitled to pay under the M. L., and to perform which he is required to be mounted, is also entitled to be paid a reasonable com- pensation per day for each horse actually used by him, except when the state furnishes the horse. Officers of the coast artillery corps when performing duty at sea coast fortifications shall not be entitled to such compensation. 196 1181. This compensation, when it is to be paid by the state, is fixed for riding horses at the actual cost incurred not exceeding $5 per horse on a duty of one day, at not to exceed $3 per day on a duty of more than one day, and for draft horses at not to exceed $3 per day. 1182. The officers in active service hereinafter designated are re- quired to be mounted; officers of the staff corps and departments (ex- cept in infantry organizations to which more than four officers of the medical corps are attached, only the four senior medicil officers so attached are required to be mounted), officers of cavalry, officers of field artillery, authorized aids, regimental and battalion staff officers, all officers above the grade of captain whatever their arm or corps, chaplains. 1183. Officers not ordinarily required to be mounted may be placed, for not exceeding three months, upon duty that shall require them to be mounted by the commanding officer of the division with the approval of the governor. The order in each case shall state that the duty therein assigned to the officer requires him to be mounted. When an officer is placed on duty under this section the necessary horse equipments shall be issued to him from state property on requisi- tion approved by the officer under whom he is to serve and such equip- ments shall be returned immediately on the termination of his detail. Such an officer shall not be entitled to an allowance as a mounted officer under M. L. 215. 1184. An officer who receives compensation for a horse used by him shall be deemed thereby to waive the additional pay allowed to officers of the United States army who provide their own mounts. 1185. When riding or draft animals are hired for the equipment of a command the quartermaster or other officer designated by the com- manding officer shall execute a contract for the same in triplicate on Form 110. One copy of the contract shall be forwarded to the adjutant- general of the state, one copy shall be given to the contractor and one copy shall be retained. 1186. The voucher on which a claim of this nature is preferred shall set forth the name of the officer, enlisted man, organization or person or firm making the claim ; why and under what orders and on what duty the horse or horses were needed; date or dates when they were used; the physical condition of each animal at the beginning and ending of such service; number of horses, so many days, so much per day per horse, total of claim. It shall be certified to by the officer under whose immediate control the horses were used; receipted by the claimant and approved by the officer who ordered the mounted duty. 197 For Uniform Allowance. 1187. Only sucli officers shall be entitled to allowances as mounted officers under M. L. 215 as are specified in section 1182. 1188. To be entitled to the uniform allowance an officer shall have performed at least 80 per cent of all ordered duty during the period for which claim is made. In computing the percentage of ordered duty performed by an officer all ordered duty of the command to which he is attached shall be included as well as all special duties for which he is detailed or required by his officse to perform, but duty performed during a week by subdivisions of a command, shall not be considered ordered duty, for a field or staff officer of the command, unless he is ordered by the commanding officer to perform duty during the same week. No deductions shall be made for absence from such ordered or special duties whether with or without leave or on account of sickness. 1189. The status of an officer at the end of the calendar year or on his leaving the service shall determine his allowance as a mounted or dismounted officer. 1190. A separate voucher on Form 37 shall be made for the officers of each company, the field and staff officers on duty with a regiment or separate battalion and for general officers and the officers serving with them; except that medical officers not serving with general officers shall toe placed on a separate voucher for each regiment, field hospital, ambulance company, company of signal corps, battery of field artillery, separate troop, squadron or separate battalion of infantry. The names of all officers shall appear on the appropriate vouchers whether entitled to an allowance or not. In the latter case the voucher shall state why they are not entitled to claim the same. The signature of each officer on the voucher for the uniform allowance receipting for the allowance shall be in addition a certificate that the officer is uniformed and equipped as required by Regulations. 1191. Each voucher requires a certificate that the officers named thereon are fully uniformed and equipped and have complied with the other requirements of the M. L. This certificate shall be made by a general officer for himself and the officers serving with him; by the commanding officer of a regi- ment, separate battalion, company of signal corps, field hospital, am- bulance company, separate troop or separate battery of field artillery for himself and the officers serving therewith. 1192. Officers making the certificate shall forward the vouchers direct to the adjutant-general of the state on December 31st or as soon as practicable thereafter. 198 1193. An officer who is discharged, dismissed, retired or rendered Bupernmnerary shall within sixty days thereafter forward his voucher for the amount of allowance due him to the officer authorized to cer- tify the same. 1194. When an officer dies his commanding officer who is authorized to certify to his voucher shall cause the same to be duly prepared and certified in conformity with section 1191 and shall forward the same. Headquarters Allowances. 1195. Allowances for headquarters under M. L. 218 will be paid upon vouchers of the commanding officer for any purpose for which the military fund may be expended as specified in section 1213. Such vouchers shall be presented quarterly on the last days of December, March, June and September. 1196. The headquarters allowance shall be kept on deposit by the officer receiving it in a bank of deposit separate from all other funds to the credit of the commanding officer under his official title. 1197. On the loth day of November in each year each officer receiv- ing a headquarters' allowance shall forward to the adjutant-general of the state an account which shall show the balance to his credit, if any, per last account together with all moneys received during the fiscal year ending September 30th with the dates thereof; under debit it shall show the amount expended in sufficient detail to enable the adjutant-general of the state to determine the propriety of each item of expenditure; and the balance remaining at the end of the year. It shall also show in what bank the money is deposited. Military Fund. 1198. To obtain the allowance authorized by M. L. 216, the com- manding officer of a command entitled thereto shall render to the adjutant-general of the state on or before December 31st in each year a consolidated return of attendance on Form 38 of five of the compul- sory drills or parades of the year. 1199. The commanding officer of a regiment or battalion composed of separate companies shall make this return for the enlisted men of the non-commissioned staff, the band and detachment of hospital corps serving with the regiment or battalion and their allowances shall be credited to the regiment or battalion. 1200. The commanding officer shall take the attendance at the annual inspection and muster, if such lias taken place, as one of the 199 five compulsory drills or parades. He may select any other drills or duty performed in the course of the year provided it has been per- formed in the same week by the enlisted men of each subdivision for which the allowance is claimed. 1201. If camp or field service is selected the average attendance shall be taken as the figure of attendance, fractions of one-half or more being considered as a. whole. 1202. This return shall be forwarded direct to the brigade or divi- sion commander who shall examine it and if found in accordance with the records at his headquarters shall certify to its correctness and forward it direct to the adjutant-general of the state. 1203. The military fund shall be expended upon the approval and audit of an auditing board constituted as provided in M. L. 217. Where a quorum of qualified officers cannot otherwise be obtained the commanding officer may apply to his immediate commanding officer for details of officers authorized by that section. 1204. All officers who receive moneys paid for the use of an armory shall immediately deposit the same as provided in M. L. 192-e and on the day of deposit make report thereof to the adjutant-general of the state and to the officer in charge and control of the armory. 1205. An auditing board is convened by the commanding officer of the organization and it will sit as frequently as may be neessary to act promptly on claims. The junior member of the board acts as recorder. 1206. The presence of two of the qualified members of an auditing l]oard is sufficient to constitute a quorum and authorize the transaction of business. 1207. The commanding officer shall present to the board the claims to be acted on, in duplicate, correctly made out in detail so as to explain the whole transaction, receipted, certified by an officer, and approved by the commanding officer. The board shall carefully examine the claims, allow those which are correct, to an amount not exceeding the balance on hand. It shall reject every claim which is not properly authorized or presented. 1208. One copy of each voucher allowed shall be filed with the records of the proceedings. 1209. At the conclusion of each meeting the recorder shall prepare and forward a report of the proceedings. Form 39, in duplicate with one set of vouchers only to the general officer authorized to approve the same by M. L. 2.17 for his action who, if he approves, shall forward the report and vouchers direct to the adjutant-general of the state. 200 1210. The adjutant-general of the state shall inform the president of the auditing board of the action taken on its report through the general officer who approved the same. Upon receipt of this notice the commanding officer shall cause an order to be drawn upon the proper county official in favor af each creditor named in the report for the approved amount of his claim, and signed by the officers who were present at the meeting of the board. The recorder shall enter in the record book of the board the action of the adjutant-general of the state and that the orders have been issued. 1211. The proceedings of an auditing board shall be entered in a record book and shall show the date and place of meeting, officers present and absent, balance of fund remaining at close of last meeting, amounts received since and from what source and total on hand. This- shall be followed by an enumeration of the claims allowed, showing names of creditors, purpose of expenditure, amount of each claim, total of claims allowed and balance of the fund remaining on hand. 1212. The order of an auditing board on the treasurer of a county is not furnished by the state but the following is prescribed: HEADQUARTEES FIRST INFANTRY, N. G., N. Y., 1 First Avenue, Albany, Jan. 1, 1911. Treasurer of Albany County, Albany, N. Y., is hereby directed to pay to John A. Doe or order out of the military fund of this command five hundred dollars ($500) being for the account audited and allowed by the auditing board. RICHARD A. ROF, Colonel, 1st Infantry. President. EWNRY A. 8T0E, ^ Auditing Lieut.-Col., 1st Infantry. f Board. THOMAS A. LOE, Major, 1st Infantry. Eecorder. 1213. The military fund of a command may be expended for the fol- lowing purposes: a. For purchase, repair, alteration, fitting, cleaning, making and preservation of all articles of public property issued by the state or authorized by Regulations or orders, except distinctive uniforms. 201 b. For the purchase and repair of tools and utensils, supplies and instruments not furnished by the state and necessarily required for use for military purposes in the field or armory. c. For repair and improvement of indoor and outdoor rifle ranges; for material for making ammunition for military purposes; for pay of markers and scorers at indoor and outdoor small arms practice; for transportation to and from and subsistence at outdoor rifle ranges, including troops and armory employees. d. For the transportation of troops; for the transportation and subsistence of officers and enlisted men traveling in the interest of their command including the authorized delegates to the national guard association of the state and annual dues to such association, and of officers and enlisted men ordered to appear before examining boards or for instruction; and for subsistence of troops on ordered duty when rations are not furnished. The expenses of members of ex- amining boards for non-commissioned officers by the company or com- panies in whose interest they travel, and of persons to be examined for commissions or promotion in the medical corps by the company or com- panies at the post where they are to be assigned to duty. e. For athletic and gymnastic apparatxis and equipment and in- struction and for hiring bands for military purposes, but not for the compensation of members of ' enlisted bands except a reasonable com- pensation to chief musicians who devote a considerable part of their time to the instruction of men of the band, nor for the compensation of any musician except a reasonable compensation to an instructor thereof. f. For office furniture; military printing, no item to exceed fifty dollars; military books, pamphlets and papers; periodicals and news- papers; stationery, postage, telegrams, telephone and messenger service- for military purposes; services of military clerks provided they are not commissioned officers; expressage, freigiht and cartage on military property. g. For the purchase of gunners badges and of decorations and insignia indicating qualifications in armory small arms, and in artillery practice, for faithful service, for excellence in drill and special duties. h. By mounted organizations for horse hire, for mounted drills and parades, and for stabling, feeding and shoeing of horses in the service of the state, from the allowance provided for these purposes in M. L. 216, not exceeding the rates prescribed in section 1181. i. By organizations not mounted, horse hire for mounted officers, for drills and parades, not exceeding the rates prescribed in section 1181.. 202 j. No payment from the military fund shall be allowed for uniform, arms or equipment of commissioned officers. 1214. If it should be desired to pay other accounts from the military fund authority to incur the expense shall first be obtained from the adjutant-general of the state; the request, for such authority shall go direct to the general officer authorized to approve the reports of the auditing board of the organization who shall forward it direct to the adjutant-general of the state with his action, and after the con- •eent or refusal of the latter it shall be returned the same way as received. 1215. Correspondence between the adjutant-general of the state and officers in relation to reports and vouchers of auditing boards shall pass through the channel prescribed for such reports. For Horsehire, Feed and Shoeing. 1216. The fund allowed under M. L. 216 for mounted drills and parades and for the feed and shoeing of horses shall be kept separate from other allowances, and separate records and reports thereof made and forwarded covering only claims payable from that fund. Pay EoUs. 1217. Pay rolls shall be prepared for pay due officers and enlisted men for services under M. L. 113, 115 or 116 and they shall be paid at the termination of the service or as soon thereafter as practicable, unless such service shall exceed one month, in which case payment shall he made monthly. 1218. Except as provided in sections 1224 and 1225 and in orders pay rolls in quadruplicate are required, three copies for the paymaster and one to be retained. When practicable names, grades and dates of entry into service shall be entered and the receipts of all persona named in the pay roll obtained before the duty begins. Other necessary entries shall be made daily during the duty. 1219. A separate pay roll shall be made for each general officer and staff, each field, staff and non-commissioned staff, each company and each detachment of the medical department. There shall be entered on each pay roll the name of each officer and enlisted man of the com- mand or subdivision, or attached thereto under proper authority and of the civilian cooks avithorized by the Military Law and the authority shall also be shown by an appropriate note on the pay roll. 203 1220. The words in section 210 of the Military Law, "every day actually on duty," shall be construed to mean that an oflBcer or enlisted man is actually on duty and entitled to pay for each day on which he has under M. L. 113, 115 or 116 a. Reported at the post at which he is serving and until relieved by orders. b. Started from his home station and until his return thereto, pro- vided that if he does not travel with his command the time consumed in travel to or from his command is authorized or approved. c. Been absent in the performance of special duty pertaining to the command if authorized by competent authority. 1221. Authorized civilian employees when on duty under M. L. 113, 115 or 116, shall be paid as follows: Clerics, not to exceed three dollars per day, grooms not to exceed two dollars per day, cooks at the rates prescribed in M. L. 210, and team- sters at the rates prescribed by the adjutant-general of the state. Servants are not paid by the state. Pay shall not be allowed for any acting non-commissioned officer in excess of the number of non-commissioned officers allowed by law or orders for the grade and subdivision. 1222. The pay roll shall be sent in daily with the morning report for comparison and verification, and for its verification the officer ap- proving the pay roll shall be responsible. 1223. The officer executing the affidavit on the pay roll is responsible to the state and to each person named therein for its correctness when presented to the paymaster as to the names and grades of persons, dates of entry into service, length of service, dates and days for which pay is due, remarks affecting pay, and required signatures. The pay- master shall enter on the pay roll the rates of pay and make thei calculations and shall be responsible that each person receives the pay authorized by law as shown by the pay roll. 1224. When troops participate with the regular army in coast de- fense exercises or maneuver camps two sets of rolls are required. One Bet in duplicate, on forms furnished by the war department, for pay from the United States and one set in triplicate on form furnished by the state for the difference between army and state rates. A certified copy of the army pay roll showing the actual payment to each officer and man by the United States, shall be forwarded to the adjutant-general of the state with the state pay rolls. 1225. In case an organization is to receive pay for duty in aid of the civil authority pay rolls in duplicate shall be made. 204 1226. If payment be made by checks, the paymaster may deliver the checks to the commanding officer of the organization or subdivision, provided the pay rolls are properly sworn to, in which case the commanding officer shall deliver the checks to the payees' as promptly as practicable. If payment be made in currency the officer who exe- cutes the affidavit on the pay roll shall attend at the pay table and witness the payment of his men. 1227. On- a pay roll containing statements of fines and forfeitures to be deducted there shall be a certificate by the officer approving the same containing the grades, names and addresses of the officers author- ized to collect and receive such fines and forfeitures. Ko fines or forfeitures shall be deducted unless such certificate is executed and appears on the pay roll as herein prescribed. The officer or officers designated in the certificate to collect and receive such fines and forfeitures shall receipt for the same to the officer making payment. Expenses of Delinquency Court. 1228. Vouchers for the compensation and expenses incidental to de- linquency courts as authorized by M. L. 213 shall be prepared and certified by the president of the court and transmitted to the officer appointing the court for his approval and theil- payment under that section. 1229. The president of a delinquency court shall promptly make payments of dues and fines collected in conformity with M. L. 138 and 143 and shall make report of amounts paid to county treasurers on the date of payment to the adjutant-general of the state and to the com- manding officer of the organization, detachment or carps of which the person paying the fine is a member or to which he is detailed or attached. Expenses of Bond. 1230. Where an officer who is not required by st^ute to furnish a bond for the faithful performance of his duties is charged with the disbursement of public moneys the governor may require him to fur- nish a bond for the faithful discharge of his duties in this particular and the premium or charge therefor shall be borne and paid by the state. 205 ARTICLE LVII. DELINQUENCY RETURNS. Officers. 1235. Tlie ccmmanding officer of the division and the commanding officers of brigades, regiments, battalions not part of a, regiment, and of companies not part of a regiment or battalion shall make returns on Form 50 to the adjutant-general of the state on the 15th day of May and Xovember in each year, and oftener if deemed necessary, of officers who have been absent without excuse from any duty ordered by ■competent authority. Enlisted Men. 1236. Commanding officers of companies shall make a return of de- linquencies and of offenses triable by a delinquency court to next superior headquarters within five days after each drill, parade or other duty or in the discretion of the officer authorized to appoint the court such return shall be made once in each month on the last day thereof. 1237. Delinquencies and offenses triable before a delinquency court shall not be allowed to accumulate but shall be returned promptly as prescribed and shall be promptl}' tried and disposed of. 1238. Returns for the collection of fines for offenses against by-laws and unpaid dues of the civil association shall be made on Form 50, to a delinquency court, giving dates, offenses and amounts. 1239. When the delinquency is an absence from duty the names of only those enlisted men absent without leave shall be placed on the return. 1240. Returns of delinquencies and offenses triable by a delinquency •court shall be forwarded to the officer authorized to order the court, who shall examine them and determine whether the accused shall be tried by the delinquency court or some other military court. 1241. The delinquency return must contain the name, grade and organization of the accused, the dates of the offenses, and if the offense is other than an absence from drill, the charge in the words of M. L. 137 and a succinct statement of the facts constituting the offense. For example " Wilfully Injuring Equipments, to wit, by cutting and muti- lating one field belt the property of the State of New York " and " Dis- obedience of orders, having been ordered by Captain J. A. C to report to Lieutenant C. F. G. Officer of the Guard at the Armory of his com- mand did wilfully disobey said order." 20C ARTICLE LVIII. CLAIMS FOK PAY AND CABE FOE TEMPOBABT DISABILITY. 1245. There is no prescribed form of giving notice of intention to make a claim under M. L. 223. It shall be in writing addressed to the adjutant-general of the state and shall specify the date of receiving the injury or contracting the disease or disability upon which the claim is to be made. 1246. The claim itself shall be presented to the claimant's immediate commanding ofBcer promptly upon the cessation of claimant's incapacity to attend to his usual business or occupation and in any event at the expiration of ninety days from the " date of receiving the injury or contracting the disease or disability. It shall contain a clear and concise statement of the facts as to the cause of the disability, its nature and extent with details of the amounts claimed for pay and as expenses for care and medical attendance, accompanied with vouchers for expenditures. 1247. The commanding ofBcer shall forward with the claim a copy of the order under which claimant was performing duty, transcripts of the entries from the morning report, sick report and hospital and pre- scription book relating to the claim and in cases of injuries the names of witnesses with his comments and remarks on the claim. 1248. The commanding ofBcev of the regiment or battalion shall on receipt of the claim forward it with his comments and remarks to the adjutant-general of the state. 1249. A board appointed under M. L. 223 shall carefully inquire into and by its findings pass upon and determine the following points-, (a) the date when the disease was incurred or the disability con- tracted by claimant; (b) whether at that time he was in the military service of the state and if so in what office or position; (c) whether at that time he was performing lawfully ordered duty, specifying the same; (d) whether the disease or injury was incurred in the line of duty; (e) whether the disease or injury was incurred without fault or neglect on his part; (f) whether he was by such disease or dis- ability temporarily incapacitated from pursuing his usual business or occupation, specifying the same; (g) between what dates, stating them, he was so incapacitated; (h) the amount due claimant for pay and the amount of his actual and necessary expenses for care and medical attendance during the period of his incapacity, but not exceed- ing ninety days from the date of receiving the injury or incurring the disease. 207 ARTICLE LIX. AEBEST AND CONFINEMENT. 1255. An arrest is the suspension of the military functions of a person in the military service, but does not debar an officer from his voting franchise. (See M. L., 75.) 1256. Only commanding officers have power to place officers in arrest, except as provided in the 24th article of war and in section 1258. An arrest may be ordered by the commanding officer in person or through a staff officer orally or in writing. 1257. When on duty under M. L., 113, 116' or 116 an officer arrested shall repair at once to his tent or quarters and there remain until more extended limits have been granted by the commanding officer. Except to attend his trial, an officer in arrest shall not enter a post unless he has obtained permission from the commanding officer or been ordered to do so. Close confinement shall not be enforced except in cases of a serious nature. 1258. An officer of the day is empowered to place in arrest a superior as well as an inferior for any disorder or violation of the orders of the camp or post of which the officer of the day, is for the time, the chief executive officer, he being subject only to the orders of the commanding officer whom he represents. In placing an officer in arrest he may, instead of ordering him to his quarters, require him to report to the commanding officer. 1259. An officer in arrest is disqualified from exercising any mili- tary authority and shall not wear a sabre nor visit officially his com- manding or other superior officer unless directed to do so. His appli- cations and requests of every nature shall be made in writing. 1260. Officers shall not be placed in arrest for light oflienses. For these, the censure of the commanding officer will generally answer the purpose of discipline. Whenever a commanding officer places an officer in arrest and releases him without preferring charges he shall make a written report of his action to the commanding officer of the division, stating the cause. The commanding officer of the division, if he thinks the occasion requires, shall call on the officer arrested for any explanation he may desire to make and take such other action as he may think necessary. 1261. A commanding officer may, in his discretion, determine not to place an officer or enlisted man in arrest before bringing him to trial, but may continue him on duty after charges have been preferred and served, and up to the time of the trial, but such officer or enlisted 208 man shall be considered in arrest during the time of tria*!, and until the promulgation of the findings of the court. 1262. An officer is not exempt from arrest by reason of his being at the time a member of a general court-martial; but the arrest of an officer, while on a court-martial, should be avoided, except in •extreme cases. An officer who has been placed in arrest, has no right to demand a trial by general court-martial. 1268. When on duty under M. L., 113, 115 or 119 any officer may arrest or order the arrest of enlisted men. Non-commissioned officers shall not be confined at the guardhouse in company with privates, except in aggravated cases or where escape is feared, but shall be placed in arrest in their barracks or quarters. All other enlisted men shall be turned over to the guard. At all other times an enlisted man may be confined in any part of an armory for a period not exceeding midnight of the day of his arrest. Except to attend his trial an enlisted man in arrest shall not enter a post unless he has obtained permission from the commanding officer, to do so. 1264. When on duty under M. L., 113, 115 or 116, first sergeants may be authorized by their immediate commanding officers to confine private soldiers. At the discretion of commanding officers they may be empowered to arrest or confine non-commissioned officers, but only in cases of a serious nature. In general, only officers have authority to arrest or confine non-commissioned officers. 1265. When it becomes necessary to use force in making an arrest, officers or non-commissioned officers shall direct subordinates, if such be present or within call, to perform that duty. 1266. Except as provided in the 24th article of war, or when re- straint is necessary, no soldier shall be confined without the order of an officer, who shall previously inquire into his offense. 1267. The arrest of an officer or non-commissioned officer and the arrest or confinement of a soldier shall be reported to his immediate commanding officer as soon as practicable by the officer authorizing the arrest or confinement. 1268. Private soldiers shall not be placed in confinement if their offenses are of such a light nature that censure by their commanding officer is sufficient. Extra tours of guard duty shall not be given as a punishment. 1269. Prisoners awaiting trial by, or undergoing seaiten.ce of, gen- eral court-martial and those confined for serious offenses shall, if 209 practicable, be kept apart from those confined by sentence of an inferior court, or for minor offenses. Enlisted men awaiting trial or awaiting result of trial shall not be sent to work with garrison prisoners or military convicts if it can be avoided, and may, in the discretion of the commanding officer, be required to attend drills, or -sent to work under charge of a sentinel, during the usual working iours. Military convicts shall not be confined with other prisoners ■except in cases of necessity. 1270. All guards shall receive enlisted men turned over to them aa prisoners by an officer or by the authority of an officer and they shall be responsible for the safe-keeping of the prisoners thus turned over to them. 1271. Prisoners placed under guard, with written charges, signed ■fey an officer, shall not be released, except by direction of the com- manding officer. 1272. Soldiers against whom charges may be preferred for trial ■by summary court shall not be confined in the guardhouse, but shall be placed in arrest in quarters, before and during trial and while awaiting sentence, except when in particular cases restraint may be necessary. 1273. If there are any prisoners with no record of charges against ■them, the old officer of the day shall report that fact to the command- ■ing officer, who shall give the necessary instructions. 1274. On the march, field and staff officers and non-commissioned ■staff officers in arrest shall follow in the rear of their respective regi- ments; company officers and non-commissioned officers in arrest, in the Tear of their respective companies, unless otherwise specially directed. ARTICLE LX. MILITAEY COURTS. General Provisions. 1280. Chaplains, though eligible, shall not sit on courts. 1281. The order appointing a court-martial shall name its members in order of rank and they shall sit according to rank as announced. The convening authority may detail new members and relieve acting members. The place of holding a court shall be designated in the order appointing it. 1282. A court reduced below a quorum may meet and adjourn from liime to time until a quorum appear or the court is dissolved. Immedi- ate report of the fact shall be made by the judge advocate to the con- 210 vening authority. If the trial has not been entered upon new mem- bers may be added but if any testimony has been taken the court shall be dissolved and a new one ordered. 1283. A court shall proceed with diligence in the trial of a casfr before it. It may adjourn from time to time during or after a trial or while deliberating on its findings or sentence. 1284. The order convening a military court should show, on its face^ that the officer issuing it is by law authorized to do so. An order appointing a court of inquiry, general court-martial or delinquency- court for the trial of officers, when not issued by the governor, should reeite that it is issued by his direction. 1285. In order that all cases referred to a court-martial may b«- tried by it, the order convening the court should read — " for the trial' of A. B., and such other persons as may be properly brought before it,"^ or " for the trial of such persons as may be properly brought before it." 1286. Whenever the same court-martial tries more than one person on separate and distinct charges, the court shall be sworn at the com- mencement of each trial and separate proceedings prepared in each case. 1287. The president of a military court, besides his duties and privileges as a member, is the organ of the court to maintain order and conduct its business. He speaks and acts for the court in every instance where a rule of action has been prescribed by law, Regula- tions or its own resolutions. 1288. An officer authorized to appoint a court-martial is author- ized to appoint a judge advocate for the same. The judge advocate i» not a member of the court, but is specially assigned to duty with the- court in the order appointing it. He may be relieved or replaced by the authority appointing the court, even during a trial, and this pro- ceeding may be repeated if necessary. 1289. The judge advocate is the medium of communication betweeib the court and the officer appointing it. 1290. Unless authority to employ a stenographic reporter is given in the order appointing a court, the judge advocate or recorder shall' promptly appiy to the convening officer for such authority and secure the services of a competent person before the date for the assembling of the court. 1291. Where a court sits in closed session, the judge advocate shall withdraw, and when legal advice or assistance is required, it shall b» obtained in open court. 211 1293. Wlien a member is prevented from attending a session of the court lie sliaVl communicate the cause to the judge advocate, so that the same may be entered in the record of proceedings. If he fails to do so it shall be the duty of the president at the next meeting of the court to call upon him for such explanation as he may desire to make. 1393. A member stationed at the place where a military court sits is liable for duty with his command during adjournment of the court from time to time. 1294. The members of a general court-martial shall wear dress uniform with sabre unless impracticable, in which case such uniform shall be worn as may be authorized by the president of the court. The judge advocate and the accused shall wear the same uniform as the court, without side arms. Military witnesses shall wear the same uniform as the court, with side arms, and the ofBcer issuing a subpcena to such a witness shall notify him of the uniform to be worn. General Courts-Martial. 1295. The accused shall be arraigned before a court-martial on one or more charges and specifications. If there be several charges they shall be prepared as one paper, numbered consecutively, signed by the officer preferring them and forwarded to the officer authorized to order a court. 1296. The charge is a designation of the specific military offense committed by the accused. Each distinct offense shall form a separate charge. The word " charges " is also used in a general sense to include any number of charges technically speaking with the specifications thereunder. 1297. The specification is a statement of facts which in law con- stitute the offense charged. It should be drawn in concise and un- equivocal language, and state the name, rank, office and organization of the accused, and the time and place of the alleged offense with cer- tainty, so far at least, as to say, " at or near " such a place, " on or about " such a day. If the offense has been committed more than once or in more than one way, there should be distinct specifications. Each specification should be complete in itself and not refer for facts or particulars to other specifications. The specifications under each charge shall be numbered consecutively. 1298. Charges and specifications shall be prepared in duplicate. 1298. Charges can only be preferred by an officer. Enlisted men may make complaints and furnish facts on which charges may ibe baaed. J 212 1300. Charges should not be preferred unless there is reason to believe that an oflfeiise has been committed and, that it can be proved. Before forwarding charges they shall be carefully investigated by the commanding officer, or an officer designated by him, other than the officer preferring the charges, and in forwarding the charges the name of the officer making the investigation sliall be noted in the com- manding officei''s indorsement. The commanding officer shall state in his indorsement whether or not, in his opinion, the charges can be sustained, and shall transmit a brief statement of the evidence expected from each witness signed by such witness together with a statement of any other available evidence. 1301. Commanding officers are not required to bring every derelic- tion of duty before a court for trial, but shall endeavor to prevent their recurrence by admonitions, withholding of privileges, and taking such steps as may be necessary to enforce their orders. 130S. After charges have been preferred, they may be altered and amended by the convening authority or he may cause new charges to be prepared. The judge advocate may ordinarily correct obvious, mis- takes of form, or slight errors in names, dates, amounts, and the like, but he should not, without the authority of the convening officer, make substantial amendments in the allegations, or, least of all, j-eject or withdraw a charge or specification, or enter a nolle prosequi as to the same, or substitute a new and distinct charge for one transmitted to him for trial. Nor can a court in its discretion and upon its own motion strike out a charge or specification or authorize or direct the judge advocate to take such action. 1303. The practice of delaying charges or allowing them to accu- mulate is unjust. 1304. Accused persons shall not be joined in the same charge, nor tried on joint charges, unless for concert of action in an offense. To warrant the joining of several persons in the same charge, the offense must be such as requires for its commission a combination and must have been committed in concert, in pursuance of a common intent. 1305. A court-martial has no power to punish its members; but for disorderly conduct a member is liable as for other offenses against military discipline. Improper words used by him should be taken down in writing, and any disorderly conduct reported to the appointing authority. Challenges. 1306. Members of courts-martial may be challenged by an accused, but only for cause stated to the court. The court shall determine the 213 relevancy and validity thereof, and shall not receive a challenge to more than one memher at a time. 1307. The grounds of objection of the accused to every member challenged shall be entered on the record. 1308. The statement of the challenged member should always ba taken, as it may aid the court in considering the challenge. 1309. The challenged member shall retire when the court is cleared to consider the challenge against him. 1310. The proper time for making challenges is immediately after the order convening the court is read, but if subsequently, during the trial, grounds of objection come to the knowledge of the accused, an opportunity for challenge should be afforded him. 1311. A member excused by reason of a challenge from one case is not excused from sitting in other cases. New members may be challenged whenever they take their seats. 1312. The judge advocate cannot be challenged. In case of per- sonal interest in the trial he should apply to the convening authority to be relieved. He has the right to challenge, but it is seldom exercised. 1313. If three members, constituting a, majority of the court, be present and one be challenged, the remaining two have the right to determine the challenge. If the challenge is allowed, the court cannot proceed with the trial of the case until another member attends. Oaths. 1314. The following is the oath to be taken by members of courts martial: "You, A. B., do swear that you will faithfully try and determine, according to evidence, the matter before you, between the people of the state of New York, and the prisoner to be tried, and that you will duly administer justice according to the established rules of law for the government of the military forces of the state; 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 due course of law. So help you God." 1315. The following is the oath to be taken by a judge advocate: " You, A. B., do swear that you will faithfully discharge the duties of judge advocate of this court, according to the established rules of law for the government of the military forces of the state; and you do 214 further 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 witness, 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." 1316. Witnesses, before testifying, shall take the following oath: " You swear that the evidence you shall give in the case now on hearing shall be the truth, the whole truth and nothing but the truth. So help you God." 1317. In an examination on the voir dire, the oath to be admin- istered is as follows: "You swear that you will true answers make to questions touching your competency as a member of the court (or witness) in this case. So help you God." 1318. The following oath shall be taken by a reporter or stenog- rapher : " You swear that you will faithfully perform the duties of a reporter to this court. So help you God." 1319. An interpreter shall take the following oath: "You swear tnat you will truly interpret in the case now on hearing. So help you God." 1320. A member, judge advocate or other person, required to be sworn may, if he object to taking an oath, make affirmation as follows: " You, A. B., do solemnly, sincerely and truly declare and affirm that," continuing with the prescribed form of oath. Pleadings. 1321. When the accused, from obstinacy or deliberate design, stands mute or answers foreign to the purpose, the court may direct a plea of not guilty to be entered and may proceed to trial and judgment as if he had so pleaded. 1322. The accused may demur to a specification or plead guilty or not guilty to each charge and specification, or plead guilty to a specifi- cation excepting certain words and of such words not guilty. 1323. Instead of pleading to the general issue the accused may interpose a special plea either to the jurisdiction, in abatement or in bar of trial, or he may make either of these special pleas to ajiy specification, presenting reasons why he should not be tried on it. The burden of substantiating such pleas rests on the accused. Botli Bides should be heard and the proceedings under the plea should be recorded. If the plea in bar of trial is found valid, the court shall 213 report Its decision to the convening authority and await further instruo- ■tions ; if by the special plea an issue is made the court is empowered to sustain or over-rule the plea ; when a special plea is made and over-ruled the accused shall be required to plead to the general issue. Trial. 1334. When the court is ready to proceed, the members take seats •at a table provided for their use; the president sits at the head of the table and the other members at his right and left alternately, according to rank. The judge advocate sits at the foot of the table or at a separate table; the accused and his counsel at a table provided for them and placed in a convenient position. A witness, when testifying, is seated near the judge advocate, and the reporter at a table placed near the witness chair. 1325. At the hour named the president calls the court to order and the judge advocate calls the names of the members, noting the absentees. 1326. Whenever the proceedings of the court are stopped from •any cause, the facts are reported without delay to the convening authority. 1327. If the completion of a case be delayed from any cause, the •court may proceed to the trial of other cases, complete them, and then take up the adjourned case. 1328. A court may adjourn or await the attendance of members not present, but has no power to excuse their absence or that of the judge advocate. If the judge advocate is absent the court shall take no further proceedings, but may adjourn or await his attendance. 1329. During the reading of the order convening the court and the arraignment, the judge advocate and the accused shall stand; •while the court and the judge advocate are being sworn, all stand; ■when a reporter, an interpreter, or a witness is being sworn, he and the judge advocate shall stand; and when the judge advocate, the accused, or his counsel addresses the court, he shall rise. 1330. After the names have been called an examination shall be made of the order convening the court to see if it is legally convened and of the charges to determine jurisdiction. 1331. The accused then comes before the open court and the judge advocate reads to him the order convening it, and asks if he has any ■objection to being tried by any member present named in the order. 1332. If the accused is not present at the convening of the court, 216 or at the time or place appointed for his trial the court may proceed ■with the trial in his absence, provided the judge advocate first submita to the court, to be duly noted in or attached to its proceedings, written or oral evidence that the accused has been notified of the time when, and place where, his trial would be proceeded with. 1333. Before the challenges, if any, are proceeded with, the judge advocate shall ask the accused if he desires to introduce counsel. The accused is entitled to be heard through counsel as of right at any stage of the proceedings. 1334. After the challenges, if any, have been made and determined the members of the court, the judge advocate and the reporter are Bworn. 1335. Oral arguments by counsel for the accused and the judge- advocate on points raised during the trial should be taken down on the record. Final arguments and statements shall be submitted in writing or made orally and entered on the record, as the court may direct. 1336. If before the accused is arraigned a postponement is neces- sary application therefor should properly be made to the convening authority. The court may during the trial for reasonable cause grant a continuance to either party for such time and as often as may appear to be just. 1337. Application for extended delay or postponement of a friaJ shall, when practicable, be made to the authority appointing the courts When made to the court, if, in the opinion of the court, it is wel> founded, it shall be referred to the convening authority to decide- whether the court shall be adjourned or dissolved. 1338. Upon application by the accused for postponement of the- trial, because of the absence of a witness, it should distinctly appear on his oath: (a) that the witness is material and why; (b) that the- accused has used due diligence to procure his attendance; (c) that the- accused has reasonable grounds to believe and does believe that he will be able to procure such attendance within a reasonable time stated. 1339. The record shall show that the court was organized as the- law requires, that the prisoner was asked if he had any objection to. being tried by any member present named in the order, and his answer to such question, and that the members of the court and the judge- advocate were duly sworn. 1340. The swearing of the court is followed by the arraignment of the accused. The judge advocate reads the charges and specifica- tions to the accused, and addresses him as follows : " You have heard 217 the claarge and specification preferred against you; liow say you to the- specification, guilty or not guilty? How say you to the charge? " 1341. If there be more than one charge or specification, the arraign-- ment is in the following order: To each specification of the first charge separately in its numerical order, then to the first charge- and in the same manner on each charge and the specification under it. 1342. Upon arraignment, the accused should plead or make such, motions as may be proper. 1343. A plea of guilty does not necessarily exclude evidence. A fulli knowledge of the circumstances attending the offense is essential to the court in measuring the punishment, and to the convening au- thority in acting on the sentence. It is, therefore, proper for the court to take evidence after a plea of guilty, except when the specification, is so descriptive as to disclose all the circumstances of mitigation or- aggravation. In all cases after a plea of guilty, the accused shall be permitted to. offer evidence in mitigation of the offense charged. When testimony is heard after a plea of " guilty," the witnesses may be cross-examined, evidence may be produced to rebut their testimony,. evidence as to character may be offered, and the court may be ad- dressed in extenuation of the offense or in mitigation of punishment. When the accused pleads "' guilty " and, without any evidence being- introduced, makes a statement inconsistent with his plea, the state- ment and plea shall be considered together, and if guilt is not con- clusively admitted, the court shall direct the entry of a plea of " not, guilty," and proceed to try the case on the general issue thus made. 1344. Witnesses are \isually examined apart from each other, no, witness being allowed to be present during the examination of another who is called before him. But this rule is not inflexible; it is subject, to the discretion of the court, nor is it so rigidly observed as to exclude the testimony of a person who has been present at the examination of' other witnesses. 1345. If no objection be made to the witness, or if his competency^ be established on objection made, he is sworn, and his testimony is. taken and recorded in the words used in the form of question and, answer. 1346. The direct examination is followed by the cross-examination, and by redirect examination and recross-examination as permitted by- the court. 218 1347. Any member of the court may put questions to the wit- tiesses on either side. Such questions are ordinarily postponed until the judge advocate and accused have finished examining the witness. 1348. If a question put by a member is objected to by another member, the judge advocate, or the accused, and the objection is sus- tained, it shall be recorded as a question by a member, and not answered. If the objection is not sustained it shall be recorded as a •question by the court, repeated by the judge advocate, and must be -answered. If a question is objected to by anyone, at any time during the trial, this method of recording the action of the court shall be ■followed. 1349. All the members of the court must be present during the 'examination of each witness; should one be absent he ceases to be a member of the court in that case. 135U. A tie vote on an objection or motion is a vote in the negative ■and the objection or motion is not sustained. 1351. The reading of previous proceedings and of testimony for ap- jjroval shall be dispensed with, unless for special reason considered ■necessary by the court, or a witness desires to have testimony read for correction. Corrections of his testimony made by a witness are ■entered as a continuation of his evidence without changing his pre- "vious record. 1352. All the evidence against the accused should be produced tefore the prosecution rests. The evidence for the accused is then introduced, and the prosecution may offer evidence in rebuttal. The ■court may, in its discretion and in furtherance of justice, depart from this order of proof and permit witnesses to be called and recalled at -any stage, and may reopen a case closed on one or both sides. In ■all such cases any testimony thus received is subject to cross-examina- tion and rebuttal by the party to whom it is adverse. 1353. The examination of witnesses shall take place in the presence ■of the accused unless he purposely absent himself. 1354. After the taking of testimony is concluded the accused has "the right to make a written or oral statement or argument, and the judge advocate has the right of reply or he may submit the case with- ■out remark. The statement of the accused should not be sworn to, and if sworn to should not be received as evidence by the court. 1355. Incidents of the trial, bearing upon the case, may be remarked "Upon by the court and recorded, such as the conduct of the officer pre- ferring the charges, the accused or the witnesses where necessary, to fully inform the reviewing officer. 219 Findings. 1356. When the courtroom has been cleared for deliberation the proceedings are examined by the members, and they exchange freely Ttheir opinions and discuss without ceremony. In all deliberations the •law secures the equality of members. 1357. The charges and specifications are voted on in the same •order in which the accused was required to plead to them. Members Tote in the inverse order of their rank, the junior voting first. Voting may be oral or by ballots, collected by the president. 1358. Each member shall vote on every question, and while he ■may vote to except parts of the specifications, he shall vote either .guilty or not guilty of the charge. The court may convict of one or more charges and acquit of the others. 1359. The findings are decided by a majority vote. When the -court is equally divided in number, the finding shall be recorded as not •guilty. 1360. The court cannot find the accused guilty of an offense in a greater degree than charged. It may find him not guilty of the -charge, but guilty of an offense in a less degree than charged, but such offense must be of the same kind as charged, and where proof fails to make out a. specific offense charged, but shows a breach of anilitary discipline, the accused may be found not guilty of the charge but guilty of " conduct to the prejudice of good order and military ■discipline." Sentence. 1361. The sentence should be clear and capable of but one in- terpretation, and, if possible, in the words of the statute. 1362. Sentences imposing tours of guard duty are forbidden. 1363. When the majority have made a finding of guilty, the aninority must vote punishment as if they had voted with the majority -on the finding; while a member may have voted to acquit, he must, ir.evertheless, vote a punishment if the court convict. 1364. In voting on a sentence, each member writes a sentence and hands it to the president. If no sentence is thus adopted by the requisite vote, the court, after all the sentences have been read to it by the president, proceeds to vote on them in the order of their severity, commencing with the least severe until the majority agree upon a sentence. The manner of voting is the same as prescribed for ■voting on findings. 1365. The manner of executing the sentence should be left to the reviewing officer. 220 1366. Until finally acted on by the reviewing officer, the findings and sentence of the court may be reconsidered and altered. 1367. When the date for the commencement of a term of confine- ment imposed by sentence of a court-martial is not expressly fixed by the sentence, the term of confinement begins on the date of the order promulgating it. The sentence is continuous until the term expires, except when the person sentenced is absent without authority. 1368. The order promulgating the proceedings of a court and the action of the reviewing authority shall, when practicable, be of the same date. When this is not practicable, the order will give the date of the action of the reviewing authority as the date of the beginning of the sentence. This does not apply to sentences of forfeiture of all pay and allowances. A soldier awaiting result of trial shall not be paid before the result is known. 1369. A sentence to confinement, with or without forfeiture of pay,, cannot become operative prior to the date of confirmation. If it be proper to take into consideration the length of confinement to which the prisoner has been subjected previous to such confirmation, it may be done by mitigation of sentence. 1370. When soldiers awaiting result of trial or undergoing sentence- commit oflfenses for which they are tried, the second sentence will be executed upon the expiration of the first. 1371. A sentence adjudging a dishonorable discharge, to take eflfect at such period during a term of confinement as may be designated by the reviewing authority, is illegal. Record of Proceedings. 1372. In the record of the proceedings of a court-martial at its- organization for the trial of a case, the oflicers detailed as members, and judge advocate shall be noted by names as present or absent. In the record of the proceedings of subsequent sessions, the following form of words shall be used, subject to such modifications as the facts may require: "Present, all the members of the court and the judge ad- vocate." When the absence of an officer who has not qualified or who has been relieved or excused as a member has been accounted for, no further note shall be made of it. 1373. A copy of the notes taken in shorthand or otherwise, of eaclii day's proceedings should be made before the next meeting of the court and constitutes the original proceedings. 221 1374. Every court-martial shall keep an accurate record cf ita proceedings. The record in each case shall be complete in itself, and shall contain a, copy of the order appointing the court. It shall be authenticated by the signatures of the president and judge advocate, the latter afiSxing his signature to each day's proceedings. Whenever, by reason of the death or disability of the judge advocate occurring after the court has decided on the sentence, the record cannot be au- thenticated by his signature, it shall show that it has been formally approved by the court and shall be authenticated by the signature of the president. The record shall show that the court was organized as the law requires, that the prisoner was asked if he wished to object to any member ai;d his answer to such question, and that the members of the court and the judge advocate were duly sworn. 1375. The record shall be clear and legible, and, if practicable, without erasure or interlineation. It shall be written on one side of paper eight inches wide by ten and one-half inches long. Any erasure or interlineation made shall he authenticated by the initials of the president or of the judge advocate. In case the record is typewritten a copyable ribbon shall be used, when practicable. The pages of the record shall be numbered at the bottom, and margins of one inch shall be left at the top, bottom, and left side of each page. There shall be an index which shall refer to everything essential to the organization and jurisdiction of the court, the regularity of its proceedings, and to the pages where each witness was sworn and recalled, and the pages where each document was introduced and appended. Where the judge advocate records the findings and sentence by the use of a typewriting machine, he shall certify immediately after the authentication of the record as follows : " I certify that I recorded the findings and sentence of the court , Judge Advocate." 1376. The record of proceedings, findings and sentences, when com- pleted, shall be signed by the president and judge advocate of the court, and transmitted by the latter to the officer having authority to con- firm the sentence, who shall state, at the end of the proceedings in each case, his decision and orders therein. The proceedings of each case shall be forwarded promptly as soon as it is completed. Tho envelope or wrapper inclosing the proceedings in addition to the address shall bear the words, " Prooeedings of a court-martial," and shall ntt be opened except by the ofiicer convening the court, or his successor, or •by his orders. 222 1377. A recommendation to clemency shall not be embraced ire the body of the sentence, but shall be attached to the record after the exhibits. Only those members who concur in the recommendation, should sign it. Revision. 1378. When the record of a court-martial exhibits error in prepara- tion, or seemingly erroneous conclusions, the reviewing authority may- reconvene the court for a reconsideration of its action, pointing out defects. Should the court concur in the views submitted, it shall pro- ceed by amendment to correct its error, and may modify or completely change its findings. A reopening of the case, by calling or recalling- witnesses, is illegal. The accused is entitled to notice of the revision and to appear and b& heard with counsel when it affects any plea or objection or action taken by him during the trial, but not in any other case. 1379. The court caimct be compelled to change its findings or scc- tence. If the court return a new finding or sentence, the proceedings may be sent back again for revision, but if the court adhere to its- former findings or sentence at either revision, they must be approved or disapproved. Courts of Inquiry. 1380. Except as otherwise specifically prescribed, the record of th& proceedings of a court of inquiry shall be prepared, and process issued and oaths administered, in substantial conformity to the rules govern- ing and forms used in general courts-martial in like instances. Th& president of a court of inquiry discharges relatively the same function as the president of a general court-martial. 1381. The statute of limitations does not apply to courts of inquiry. 1382. The president of a court of inquiry shall administer to tha members the following oath : " You do swear that you will 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." 1383. The president of the court shall then administer the following^ oath to the recorder : " You do swear that you will, according to your best abilities, accurately and impartially record the proceedings of the court and the evidence to be given in the case in hearing. So help you God." 1384. The president shall then be sworn as a member by one of the- Bworn members. 1385. A judge advocate detailed with a court of inquiry is not a. member thereof, but acts as recorder. 223 1386. A new member may be appointed and take his seat at any time after the court has been organizgd. The testimony previously taken shall be read over to or by him. 1387. The officer or soldier to be investigated has the same right of challenging and the same right to counsel as is allowed in triala by general courts-martial. Garrison Courts-Martial. 1388. Whenever a, garrjson court-martial is appointed to try casea excepted from the jurisdiction of a. summary court the order of appoint- ment shall state the facts which bring the cases to be tried within such, exceptions. 1389. In the A. W. relating to garrison courts-martial the words. " other place " shall be construed to include any locality where the command may be, whether in garrison or in the field, and the worda " different corps " are satisfied if there be on duty as part of the com- mand a single officer or enlisted man of some arm or part of the military establishment other than that of which the main body ia composed. 1390. The complete proceedings of garrison courts-martial shall be transmitted without delay by the approving officer to the adjutant- general of the state for filing. 1391. Non-commissioned officers above the rank of corporal shall not, if they object thereto, be brought to trial before a garrison court- martial without the authority of the officer competent to order their trial by general courts-martial. 1392. The form of record for a garrison court-martial differa from that for a general court-martial only in respect to the form of the order appointing the court. The forms of process and mandates are the same for both courts. The testimony taken need not be reduced to writing. Summary Courts. 1393. The summary court is composed of one officer, designated by the commanding officer of a garrison, fort, or other place^ regiment or corps, detached battalion or company, or other detachment, for such place or command, or for each battalion of a command. When more than one officer is present with a command, the commanding officer shall not designate himself as a summary court. But tha summary court may be appointed and the officer designated by superior authority when by him deemed desirable. 1394. When but one commissioned officer is present with a com- mand, he is a summary court and finally determines the cases tried 224 hy him. In such case no order appointing the court shall be issued, hut tne officer shall enter on the record that he is the " only officer present with the command," and no approval of the sentence is required ■but he should sign the sentence as such officer and date his signature. In all other cases the sentences must, before they can be executed, be approved by the officer appointing the court or the officer command- ing for the time being. 1395. An accused has no right to object to trial by summary ■court except that a non-commissioned officer may object thenetio in which event he shall not be brought to trial before such court without the authority of the officer competent to order his trial by general court-martial, but shall, in such cases, be brought to trial before a garrison or general court-martial as the case may be. 1396. When the trial officer is the accuser it is not required that file case shall be tried by another court. 1397. Post non-commissioned staff officers and sergeants, first class liospital corps, shall not be reduced but they may be dishonorably dis- ■charged whenever reduction is included in the limit of punishment. 1398. Summary courts are subject to the restrictions of A. W. 83 ■and shall not adjudge oonflnement and forfeiture in excess of a period of one mouth 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, or garrison court-martial, or by said summary court, but in case of trial by said summary court with- out consent as aforesaid, the court shall not adjudge confinement or forfeiture of pay for more than one month. For those offenses for which a limit of punishment has been pre- scribed by the order of the president of the United States a summary court is restricted to the kinds of punishment named, except as to the substitutions in the settled ratio given in such order. 1399. A sentence of a summary court imposing confinement should be " for days but not exceeding the tour of duty of " In the last blank should be insented the title of the organization or detach- ment with which the prisoner is serving. 1400. The summary court has jurisdiction over all enlisted men subject to the right of non-commissioned officers to object thereto as provided in section 1395. 1401. The jurisdiction of a summary court is not affected by the time when cases are brought before it, the requirement as to time being directory only. The commanding officer, and not the court, will deter- mine when and what cases will be brought before it. Delay in the trial of an enlisted man does not invalidate the proceedings, but may be •considered by the court in awarding sentence. 225 1402. Before referring to summary courts charges for which the maximum limit of punishment that may be awarded is greater than one month's forfeiture and confinement, commanding oflaoers shall cause the accused to sign a statement on the original charges as to whether or not he consents to trial by summary court and this statement with the charges becomes a part of the court record. A note of this state- ment in each case shall also be entered on the record of the summary court and on the reports of trials by such court. 1403. Charges submitted for trial by a summary court shall be accompanied by the certified copies of previous convictions on file with the company records, and these copies shall be returned to the company records immediately after trial. If this evidence is not submitted, the summary court may take judicial notice of any such evidence which that record contains. 1404. Charges preferred for offenses cognizable by inferior courts shall be laid before the proper commander who if he thinks that the accused should be tried by a summary court shall cause him to be brought before such court. 1405. An enlisted man brought before a summary court shall be arraigned and allowed to plead according to prevailing court-martial practice. If the accused (being a non-commissioned officer) does not object to trial by the court nor plead guilty, witnesses shall be sworn and evidence received, the accused being permitted to testify in his own behalf and make a statement; but the evidence and statement shall not be recorded. 1406. The summary court as soon as a trial is concluded shall record its findings and sentence in the summary court record and submit it to the officer appointing the court, who shall record therein hia approval or disapproval, in part or in whole, with date and signature. Should the only officer present with the command sit as summary court, the findings and sentence shall be recorded in like manner. No other record of the proceedings will be kept, and such trials shall not be published in orders. Post commanders shall furnish company and ' other commanders with copies of the summary court record relating to men of their commands, said copies to be certified to be true copies by the post commander or adjutant. 1407. The summary court shall be opened at a stated hour every day except Sunday for the trial of such cases as may properly be brought before it. Trials will be had on Sunday only when the exigen- cies of the service make it necessary. 1408. Whenever, in determining on its sentence, a summary court shall take into consideration previous convictions, a note of the number 8 226 of such previous convictions shall be made on the summary court record. 1409. When a sentence imposes forfeiture of pay or of a stated portion thereof such forfeiture shall be for a stated number of days but not to exceed thirty days unless the accused shall before trial have consented in writing to trial by such court when it may adjudge forfeiture of pay for not exceeding ninety days. When a sentence imposes forfeiture of pay or of a, stated portion thereof for a certain number of days, it stops for each of those days the amount stated, thus " one dollar of daily pay for eight days " would be a stoppage of eight dollars. When the sentence is silent as to the date of com- mencement of forfeiture of pay, the forfeiture shall b^:in with the period for which pay has accrued since last payment. A forfeiture not limited by the sentence to any particular day or days or other space of time, but expressed simply as a forfeiture of so many days' pay, or of a certain amount of pay, is legally chargeable against the pay due and payable at the next payment, and the balance, if any, against pay accruing thereafter, until the forfeiture is fully satisfied, but the rate of forfeiture shall be the rate of pay the enlisted man is entitled to receive at the date of the promulgation of the sentence. 1410. An order remitting a forfeiture of pay operates only on the pay to become due on and after the date of the order. Delinquency Courts. 1411. Before entering on his duties, each member of a delinquency court shall take the following oath of office before an officer authorized to administer it, under M. L. 139, and then transmit the same to the officer appointing him: I, JOHN A. DOE, do swear that I will well and truly try and deter- mine, according to evidence, all matters between the people of the state of New York and any person or persons who shall come before the delinquency court for the 1st Infantry, N. G., N. Y. to which I am appointed by S. O. 2, 1 Inf., 1910. JOHN A. DOE. Sworn to before me, this Sd day of January, 1910. RICHARD A. ROE. Colonel, 1st Infantry. The record of the court shall show that the oath has been taken and filed. 1410. Witnesses shall be examined on oath or affirmation, to be administered in the form and manner prescribed for courts-martial. 227 1413. The record of the proceedings with the return of delinquents shall be transmitted by the court to the reviewing officer promptly on the expiration of the time to appeal, and if an appeal is taken the record in that case shall be so transmitted forthwith. (M. L. 141.) 1414. Orders changing the detail for a delinquency court shall be entered in the proceedings of the court, with a statement showing that the new member duly took the oath of office. 1415. The court shall notify the commanding officers of companies when cases from their commands are to be tried so as to afford them an opportunity to be present at the trials if they so desire. 1416. The delinquents are called before the court one after the other. Their statements are heard and evidence, oral and documentary, received if necessary. The court considers the evidence, and if practi- cable decides the case immediately and notifies the delinquent orally of its decision. Delinquents not on trial and witnesses not under examina- tion may be excluded by the court from the place where it is sitting. 1417. Regarding the collection of fines and dues under the by-laws of companies, delinquency courts shall give due consideration to the following : a. There is no authority given to delinquency courts by the M. L. to enforce payment of " assessments " levied by an association under ita by-laws. b. By-laws of a civil association composed of field, staff and line officers can have effect only over the members of the association which adopted them, and this association cannot adopt by-laws that will ba binding or obligatory upon any company or other association. 1418. Each delinquency court shall keep a carefully prepared record of its proceedings, as it is a continuous court. This can be done in a book or books provided for the purpose, or in blanks which should be bound tc^ether as completed. The record should show the name, grade and organization of the accused ; the charge, as " absence without leave from drills;" "disobedience of orders;'' "neglecting to take proper care of arms;'' "wilfully injuring equipments;" a brief statement showing the nature of the offense and the date of its commission; the finding on each delinquency; the flue stated sepa- rately as to each offense, and the appearance or failure to appear of the accused. The payment of a fine or the service of a notice of appeal should be noted with the date of payment or service, as should the fact and date of notification of the sentence to the accused. In case of an appeal the reviewing officer will'note his action on the record with the date thereof and his signature. The following is furnished as an example of such a record. 228 a 13 1 N—'BO .d f^ 6 B! - u a o '-' o •s ^ ■a :: O g " is dp ^ l« - s. - ° .13 fl ti 3 o -a :S I* ■§ n ca 0] «a .a ■sOfert o o