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Regimental and Battalion-Organization. The regiments shall each be officered by one colonel whose term of continuous service as such colonel shall be limited to three years, one lieutenant colonel and three majors. The regimental staff shall consist of one regimental adjutant, one quartermaster and one commissary, each with the rank of captain, mounted, and one chaplain with the rank of captain of infantry. The regimental staff shall be appointed by the regimental commander, subject to the approval of, and on the commission of, the commander-inchief.
The regimental non-commissioned staff shall consist of one sergeant-major, one quartermaster sergeant, one commissary sergeant, and two color sergeants, who shall be appointed by the regimental commander from the enlisted men of his command.
The battalion staff shall consist of one battalion adjutant with the rank of first lieutenant, mounted, and one battalion quartermaster and commissary, with the rank of first lieutenant mounted, who shall be appointed by the battalion commander, subject to the approval of the colonel, and on the commission of the commander-in-chief, and one battalion sergeant-major who shall be appointed by the battalion commander, from the enlisted men of his command.
Company, Battery and Troop-Organization. Each infantry company shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster, sergeant, four sergeants, six corporals, two cooks, two musicians, one artificer, and not less than twenty-four, nor more than eighty-five privates. A battery shall consist of one captain, two first lieutenants, one second lieutenant, one first sergeant, one stable sergeant, one quartermaster sergeant, six sergeants, twelve corporals, four artificers, two musicians, two cooks, and not less than twenty-five, nor more than ninety-one privates.
Each troop of cavalry shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster sergeant, six sergeants, six corporals, two cooks, two farriers and blacksmiths, one saddler, one wagoner, two trumpeters, and not less than twenty-five, nor more than fifty-one privates.
In time of war, or in great public danger, the Governor may recruit the companies, battery and troop to the maximum allowed in the United States army.
SEC. 3. The corps of cadets shall be organized and governed by such rules, as may be prescribed by the faculty of the university. They shall not be subject to duty in case of riots, tumult, breach of peace, resistance to process, invasion, or insurrection, but may only, with the consent of the majority of the faculty, be ordered to parade, encampment or other military exercise.
They may, under orders of the commander-in-chief, be paraded on the university grounds for inspection.
SEC. 4. The company officers shall be elected by ballot, by the members of their respective troops, battery and companies, subject to the approval of the commander-in-chief. If the candidate elected fails to receive the approval of the commander-in-chief, his name shall not again be presented to fill the vacancy, except by permission of the commander-in-chief. In all cases a majority of all the votes of the organization, cast at an election, shall be necessary to a choice. All commissioned officers shall hold their commissions for three years from date of election.
In case of vacancy, each officer and enlisted man, entitled to a vote at the election to fill the vacancy shall be served with a notice, at his last known address, at least ten days prior to said election.
SEC. 5. After the organization of a company, battery or troop, recruits may be enlisted into the same by the commanding officer, and shall be required to sign their names to an enlistment roll to be furnished by the Adjutant General for that purpose, and such signing shall be legal enlistment.
Every commissioned officer shall be empowered to administer the oath required on enlistment.
SEC. 6. The military officers of the State shall be chosen as follows: Field and line officers of the regiment, squadron and battery by the written, or printed, votes of a majority of the commissioned officers of said companies, squadron and battery.
The medicine staff to be appointed by the commanderin-chief: Provided, That no officer, other than the medical staff, shall be commissioned, until he has successfully passed an examination, as to his educational qualification, necessary to an efficient performance of his duties, before
a board of three qualified examiners, to be appointed by the commander-in-chief.
SEC. 7. Staff officers of the regiment, squadron and battery shall be elected as herein provided and commissioned by the commander-in-chief upon the recommendation of their respective commanders, except as to the medical staff.
SEC. 8. Staff officers of the battalion and squadron and officers appointed as herein provided shall be notified by letter of their appointment, by the Adjutant General.
They shall be allowed thirty days from the date of such letter in which to prepare for an examination, which will consist of a thorough examination as to their fitness for their positions, and shall be conducted by the board of examiners heretofore prescribed. Should any of these officers fail to pass the examination, they shall be reported as incompetent and shall not be commissioned.
And an appointment shall be made to fill the vacancy, or vacancies, as the case may require.
SEC. 9. All members of any troop, battery or company, who shall have served at least one year in the army of the United States or in the National Guard of this or some other State, or who shall have attended some school or college where military instructions is had shall be eligible to enter an examination to determine their eligibility for a commission: Provided, That such examination shall be held by the board of examiners heretofore provided, and shall consist of a thorough examination of the mental, moral and physical qualifications of the candidate. These examinations shall be in writing and the questions therefor shall be in writing, and the questions therefor shall be prepared by the board of examiners.
These questions shall be furnished the inspector general who shall conduct the examination and forward the examination papers to the board of examiners who shall carefully consider them and certify the names of the successful candidates to the Adjutant General who shall keep a roster of the same.
SEC. 10. When a vacancy occurs among the commissioned officers of any troop, battery or company, the Adjutant General shall notify the commanding officer, and furnish him a list of all members of the company who are eligible to election. The commanding officer shall then order an election to be held, and shall furnish the list of eligible candidates to the officer, directed to preside at the election.
SEC. 11. An officer thus elected shall within ten days of his election file his bond, and shall take and subscribe to the following oath or affirmation: “I do solemnly swear (or affirm) that I will bear allegiance to the United States of America and to the State of Idaho; that I will serve them honestly and faithfully against all their enemies and opposers whomsoever; and that I will observe and obey. the orders of the President of the United States, the Governor of the State of Idaho, and the officers appointed over me according to the rules and articles for the government of the armies of the United States, and the National Guard of this State," before some officer qualified to administer oaths.
The officer who administers this oath shall certify the fact and transmit the oath or affirmation, properly sealed and attested to by the Adjutant General who shall file the
A commission signed by the Governor and countersigned by the Adjutant General, under seal of the Adjutant General's office, shall then be issued, the officer to take rank from date of original appointment, or election. If it shall appear to the satisfaction of the Governor, by the affidavit of competent witnesses, that an officer offered any consideration, reward, or favor, for the withholding, or casting of a vote at the election at which he was chosen, he shall be dishonorably discharged from the service of the State: Provided, That no charge shall be allowed, or pay received for any commission issued under the provisions of this act.
SEC. 12. The retired list shall consist of all ex-Adju. tant General, all ex-inspectors general, all ex-medical directors, ex-chief commissaries and quartermasters general, and such other officers as shall, after having served five years, as officers, and enlisted men after having served nine years, apply to the Governor to be placed on the retired list.
SEC. 13. The rank of all officers now in the service, or hereafter commissioned, shall date from date of election or appointment, and an officer who has served continuously. in the same grade for more than one term, either by re-election or appointment, shall take rank from the date of his first commission in that grade.
Sec. 14. The resignation of officers shall be addressed to the commander-in-chief and transmitted to the Adjutant General, through the regular military channels; and all commanding officers, before forwarding resignations shall endorse thereon their approval, or disapproval, together with all facts bearing on the case. But an officer tending his resignation shall not be considered out of service until his resignation has been accepted.
SEC. 15. An officer who moves out of the county, where his command is located, or who absents himself from his command for one month, without leave from his commanding officer, shall be considered as having vacated his office, and an election shall be ordered, and held without delay, to fill the vacancy.
SEC. 16. Whenever a company, troop or battery, becomes reduced in numbers below the minimum strength (twenty-five privates), or from general insubordination, contention, or other cause, becomes demoralized and inefficient, and its disbandment is therefore necessary for the good of the service, the commander-in-chief shall disband the same and order the officers thereof to be mustered out of service. But no member of a company troop or battery, shall be dishonorably discharged, except upon due trial and conviction by a court martial, or in some other lawful manner.
SEC. 17. The command of any military force called into service, under the provisions of this act, shall devolve upon the senior officer present of such force, until a field officer shall have been designated by the commander-inchief.
SEC. 18. All officers and enlisted men of the Idaho National Guard are hereby declared exempt from all poll or road tax, and jury duty, so long as they continue active members thereof.
SEC. 19. Every enlisted man shall be held to service for a term of three years unless he be properly discharged. Upon the expiration of the service on any enlisted man, the commandant of his company, troop or battery, shall prepare a discharge on the blank furnished for that purpose, and submit it to the senior officer of the command to which he belongs, who, having signed it, will return it