Appointment and duties of military staff.

Salary of adjutant general.

tant general;

duties and

16, 1900, and section 3084, are hereby amended, to read as follows:

Sec. 98. The governor as commander-in-chief shall appoint the following staff officers: an adjutant general, who shall also be inspector general and (ex officio) chief of staff; a quartermaster general, who shall also be commissary general; a chief of engineers; a surgeon general; and a judge advocate general, each of whom shall have the rank of brigadier general; an assistant adjutant general, and an assistant quartermaster general, each with the rank of colonel. He shall also appoint such number of aides, with the rank of colonel, not to exceed eleven, as, in his discretion, the needs of the service may seem to require.

The adjutant general shall have an office in the state house and shall receive for his services a salary of two thou

Assistant adju- sand dollars per annum. The assistant adjutant general shall serve in the office of the adjutant general, under his compensation. directions, and shall have the authority to sign officially, any copy, transcript, or other document pertaining to the records or duties of the office of the adjutant general, and for his services shall receive a salary of fifteen hundred dollars per annum. In time of peace, and when not otherwise ordered by the governor, the adjutant general shall also perform the duties of quartermaster general.

Active militia; how constituted and apportioned.

Medical department.

Sec. 3033. In time of peace the active militia, known as the "Ohio national guard," shall consist of the staff of the governor, as provided for in section 98 in this act, a medical department, a signal corps, four companies of engineers, and not to exceed one hundred companies of infantry, four batteries of artillery and two troops of cavalry, all to be allotted and apportioned in such localities of the state as the necessities of the service in the discretion of the commander-in-chief may require, and the commander-in-chief is authorized and empowered, in so far as may be practicable, to change the individual organization of the guard, or any part thereof, from time to time, to correspond with that of the United States army.

Sec. 3036. The medical department, in addition to the surgeon general provided for in section 98 in this act, shall consist of an assistant surgeon general with the rank of lieutenant colonel, who shall be assigned to duty with the staff of the division commander; ten surgeons, each with the rank of major, two of whom shall be assigned to duty with the staff of the brigade commanders, and the remaining eight of whom shall be assigned to duty with infantry regiments; and thirty-four assistant surgeons, each with the rank of captain, who shall be assigned to duty with the different organizations of the guard, not to exceed one to each battalion, battery, troop or company. These officers shall be appointed and commissioned by the commander-inchief, upon the recommendation of the commanding officers of the organizations with which their duties are to be performed, but they shall be subject to such duty outside of

these organizations as may be assigned them by the commander-in-chief. The enlisted men of the medical department shall be known as the hospital corps, and shall consist of eleven hospital stewards, thirty-four acting hospital stewards, and not more than two hundred and thirty-five privates, who shall be enlisted, appointed and assigned to duty with organizations in such manner as may be prescribed by the commander-in-chief.

The signal corps shall consist of two captains, four first Signal corps. and two second lieutenants, ten first class sergeants, twenty sergeants, twenty corporals, four cooks, and not more than sixty-six first class privates. The commissioned officers shall be appointed and commissioned by the commander-inchief from such persons as may seem to possess the necessary qualifications therefor, but such appointees shall be subject to the prescribed examination prior to being commissioned. The enlisted men of the corps shall be formed into not more than two companies and the commissioned officers shall be assigned to duty therewith in such manner as may be prescribed by the commander-in-chief.

Each regiment shall consist of not more than twelve nor Infantry orless than eight companies, and shall be formed into bat- ganizations. talions of not less than three companies each. The field officers of a regiment shall consist of a colonel and a lieutenant colonel; and for each battalion one major. The regimental staff officers shall consist of an adjutant, a quartermaster and a commissary, each with the rank of captain, a chaplain, and for each battalion, an adjutant with the rank of first lieutenant. The non-commissioned staff of a regiment shall consist of a sergeant major, a quartermaster sergeant, a commissary sergeant, a battalion sergeant major for each battalion and two color sergeants.

band.

A regimental band shall consist of one chief musi- Regimental cian, who shall be the band leader; one principal musician, one drum major, four sergeants, eight corporals, one cook and not more than twenty privates.

The field officer of an unattached battalion shall be a major. The staff officers shall consist of an adjutant, a quartermaster, each with the rank of first lieutenant, and a chaplain. The non-commissioned staff shall consist of a sergeant major, a quartermaster sergeant, a commissary sergeant and two color sergeants. The band of each unattached battalion shall consist of one chief musician, who shall be the band leader, one principal musician, one drum major, two sergeants, four corporals, one cook, and not. more than sixteen privates.

Unattached battalion.

privates.

The commissioned officers of each company of infantry Companies; and of engineers shall consist of a captain, one first and officers and one second lieutenant; the enlisted men of each company shall consist of a first sergeant, a quartermaster sergeant, four sergeants, six corporals, two cooks, two musicians, one artificer, and not less than thirty-two nor more than fifty-six privates.

All officers rendered supernumerary by the passage of this act shall be honorably discharged from the service, as of the date of the passage of this act, and any enlisted men rendered supernumerary may be discharged from the service, or transferred to remaining organizations, as they may elect; and further provided that the present commissions of all officers now in the guard, except those of such officers as are not provided for by this act, shall hold and continue in force. Sec. 3037. The commissioned officers of each troop of cavalry shall consist of a captain, one first and one second lieutenant; the enlisted men of each troop shall consist of one first sergeant, one quartermaster sergeant, one veterinary sergeant, six sergeants, eight corporals, two cooks, two farriers and blacksmiths, one saddler, one wagoner, two trumpeters and not less than thirty-eight nor more than seventy-six privates.

Sec. 3038. The commissioned officers of each battery of light artillery shall consist of a captain, two first lieutenants and one second lieutenant; the enlisted men of each battery shall consist of one first sergeant, one quartermaster sergeant, one veterinary sergeant, four sergeants, eight corporals, two cooks, two trumpeters, two farriers and blacksmiths, and not less than forty nor more than eighty privates.

Sec. 3044. The officers of the national guard (the staff of the commander-in-chief excepted), excepting as provided for in section 3049 in this act, shall serve during good behavior and faithful performance of duty. Elective officers shall be elected as follows: General officers by the written or printed ballots of the officers and enlisted men of their respective commands; field officers of regiments and battalions by the written or printed ballots of the officers and enlisted men of the respective regiments and battalions; company officers by the written or printed bållots of the officers and enlisted men of their respective companies, troops and batteries.

Sec. 3049. An officer may be honorably discharged by the commander-in-chief upon tender of his resignation; upon the disbandment of the organization to which he belongs; or as provided in section 3063 of this act; or, if a staff officer, upon the written request of the officer upon whose staff he may be serving; upon the qualification of his appointed successor; or as above provided for. Any commissioned officer who shall have served as a member of the Ohio national guard for a period of ten years, five of which shall have been as a commissioned officer, may, at his own request, be placed upon the retired list, to be hereafter kept in the office of the adjutant general. Officers so retired shall receive no compensation for their services except as hereinafter provided, but shall be permitted to wear the uniform of the grade upon which retired, on all occasions of ceremony: Provided, that all officers so retired may, in the discretion of the commander-in-chief, be detailed upon duty other than in the command of troops, and when

so detailed, they shall receive the same pay and allowances as officers on the active list detailed or employed under like conditions.

martial.

Sec. 3063. The commander-in-chief may order courts Courts martial for the trial of officers and enlisted men at such times as the interest of the service may require.

Courts of inquiry may be ordered by the commander- Courts of inin-chief, upon the application of the officer concerned, to in- quiry. quire into the nature of any transaction of, or accusation or imputation against, such officer.

boards.

The commander-in-chief is authorized to appoint from Military time to time military boards of not less than three nor more than five officers, to examine into the capacity, qualifications, conduct and efficiency of any commissioned officer of the national guard: Provided, that each member of the board shall be superior in rank to the officer whose qualifications are to be inquired into, and provided further, that if the report of such a board is adverse to the continuance in the service of any officer, and the report be approved by the commander-in-chief, such officer shall be discharged from the military service of the state.

courts.

General courts martial, field officer's courts, courts of Procedure of inquiry and military boards shall be organized and governed as near as may be in conformity with the articles of war and regulations and rules of procedure as established for the government of the United States army, except that field officer's courts shall have the power to inflict the penalty of dishonorable discharge.

The proceedings, findings and sentences of general. courts martial, and the records, opinions and findings of courts of inquiry shall, unless otherwise ordered by the commander-in-chief, be reviewed by the judge advocate

general.

court.

Sec. 3064. The commanding officer of a regiment or Field officer's of an unattached battalion may appoint a field officer's court, to consist of a field officer of his command, or a captain to act as such, for the trial of offenses of enlisted men which are within the jurisdiction of a field officer's court in the United States army.

encampments.

Sec. 3082. Officers and enlisted men shall receive pay Pay during for each day actually spent by them on duty at annual encampments, ordered by the commander-in-chief, at the following rate, together with all necessary transportation, quartermaster stores and medical supplies: for each day's service, the major general shall receive $7.00; each brigadier general, $6.00; each colonel, $4.50; each lieutenant colonel, $4.00; each major, $3.50; each captain, mounted, $3.00; each captain, not mounted, and each chaplain, $2.50; each first lieutenant, mounted, $2.25; each first lieutenant, not mounted, and each second lieutenant, mounted, $2.00; and each second lieutenant, not mounted, $1.75,- together with the same allowance for subsistence as is provided for en

Pay for service and attendance upon

etc.

listed men. For each day's service performed each enlisted man shall receive $1.00 and rations at a rate not to exceed forty cents a day.

For all horses used by general, field and staff officers and ambulances, and for officers of cavalry and artillery and signal companies, and for such organizations, not to exceed one horse for each officer and enlisted man actually present, and whose duties require him to be mounted, and for the number actually necessary for batteries of artillery, there shall be paid the sum of $1.50 per day for each horse actually so used.

Sec. 3084. For service and attendance upon general courts martial, courts of inquiry, and boards appointed by the courts martial, commander-in-chief, either as member, judge advocate, recorder or witness, or upon inspection or other duty when ordered by the commander-in-chief, officers shall receive as pay the amount allowed by law for duty at annual encampments, together with transportation in kind and actual necessary expenses for each day's service and the time actually employed in going to and returning from said duty, courts or boards.

Repeals, etc.

Enlisted men employed as clerks and orderlies to, or witnesses before said courts martial, courts or boards, shall receive the sum of $1.00 per day, and expenses not to exceed $1.50 per day, and civilian witnesses such fees and allowances as are provided for witnesses before common pleas courts. Vouchers for all compensation shall be certified by the president of the court or board, approved by the adjutant general, and audited and paid as other accounts against the state.

SECTION 2. Section 98, as amended April 6, 1900; section 3033; section 3036, as amended April 16, 1900; sections 3037, 3038, 3044, 3049, 3063 and 3064; section 3082, as amended April 16, 1900; section 3084, and an act passed April 21, 1898, entitled "An act for the establishment of a battalion of engineers in the Ohio national guard," are hereby repealed, and this act shall take effect and be in force from and after its passage.

W. S. MCKINNON,

Speaker of the House of Representatives.
CARL L. NIPPERT,

Passed April 29, 1902.

President of the Senate. 188G

Corporations for the apprehension and

conviction of horse thieves, etc.:

[Senate Bill No. 131.]

AN ACT

To amend an act entitled "An act for the apprehension and conviction of horse thieves and other felons," passed March 21, 1887 (O. L. 84 v. p. 169).

Be it enacted by the General Assembly of the State of Ohio: SECTION I. That an act entitled "An act for the apprehension and conviction of horse thieves and other felons," passed March 21, 1887 (O. L. 84 v. p. 169), be amended so as to read as follows: