Military Code, State of Georgia, 1902

MILITARY CODE
STATE OF GEORGIA
1902
ATJ.ANTA. GA. GEO. W. rrARRJSO~. tate Printer
(Franklln Prtg. & Pub. 0.)
i lOO2J

CONTENTS.
Section 1. Who are subject to militia duty. Section 2. Designation of active militia. Section 3. Reserve militia, designation, how organ-
ized and governed. Section 4. Exemptions from militia duty. Section 5. Governor is commander-in-chief. Section 6. Governor's staff. Section 7. Assistants to staff departments. Section 8. Duties of Adjutant-General and other
staff officers. Section 9. Number of companies of land forces in
peace. Section 10. Organization of military forces in war. Section 11. Organization of land forces into regi-
ments, battalion, etc. Section 12. Organization of a regiment and a bat-
talion. Section 13. Organization of a company of infantry,
cavalry, and artillery. Section 14. Post quartermaster-sergeants. Section 15. Naval forces in peace. Section 16. Organization of naval battalion. Section 17. Organization of naval divisions. Section 18. Naval battalion to receive same pay and
allowances of land forces. Section 19. Naval battalion and companies to have
same privileges as like organization of land forces. Section 20. Definition of "company," "unassigned battalion," "officer," and" soldier."

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Section 21. Officers not provided for to be mustere out.
Section 22. Who may be enlisted. Section 23. Term of enlistment. Section 24. Substitutes for U. S. service may be fur
nished. Section 2:;. Retirement of officers. Spction l!6. Retiring board for officers. Section 27. Misdemeanor to wear uniform withou
right. I::lection 28. Officers may administer oaths and wit
ness military papers. Section 29. Attendance at drills or other duty ma
be enforcpd. Section 30. Veteran roll for enlisted men. Section 31. Sale or giving away intoxicating liquor
at camp prohibited. Section 32. Pensions for militia. Section 33. Exemptions from road duty, street tax
and jury duty. Section 34. Command. who is entitled to. Section 35. Duration of commission. Section 36. Date of rank in commission. Section 37. Rates of pay. Section 38. Uniforms. Section 39. Uniforms exempt from levy and sale fo
debt. Section 40. Military forces exempt from arrest. Section 4l. Flag of State. Section 42. Chartered righ ts of organizations pre
served. Section 43. Special names of organizations. Section 44. Ejection of officers. Section 45. Governor may discharge officers. i:'ection ~6. Staff officers of regiments and battal ion
how appointed.

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Section 47. OrRcprs to be examined. Section 48. Oath of office. Section 49. Discharge of enlisted men. Section 50. Military Forces not to leave State. Section 51. Bonds for property to be given. Section 52. Annual inspection. Section 53. Misdemeanor to disturb drill, parade or
other duty. ~ection 54. Misdemeanor to insult, jeer or molest
troops on duty. Sectiori 55. Civil officers may call out troops with
Governor's permission. Section 56. Civil officers may call out troops without
Governor's permission. Section 57. :Mobs to be notified to disperse. Section 58. Failure to disperse a felony. Section 59. Mobs to be dispersed by force. Section liD. Troops attacked may disperse mobs. Section 6l. Mobs to disperse when shot is fired. Section 62. U. S. and Georgia troops to have right of
way. Section 63. Governor may declare a state of insur-
rection. Section 64. Protection of prisoners. Section 65. Troops on duty to report to Governor. I Section 66. Change of venue. Section 67. Courts-martial and courts of inquiry. Bection 68. Courts convened only by Governor. Section 69. Constitutions and procedure of courts-
martial. ~ Section 70. Courts may compel attendance of wit-
nesses. Section 71. Sentences of imprisonment to be exe-
cuted by sheriff. Fines to be collected by execution.

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Section 73.
Section 74.
Section 75. Section 76.
Section 77.
Section 78.
Section 79.
Section 80. Section 81. Section 82. Section 8il.

Proceeds of fines to be deposited in State Treasury.
Officers collecting fines to report to Adju tan toG eneral.
Governor to issue regulations. U. S. laws and regulations to govern as
far as applicable. Unauthorized bodies of armed men not
allowed. Governor may appoint boards of officers
when necessary. Governor may organize and disband com
panies when necessary. Annual encampments. Service medals. Military schools. All military laws repealed.

An Act to reorganize the Military Forces of this
State; to adopt and make of force a Military Code, and to provide penalties for the violation thereof; to repeal all laws referring to the mili-
tary forces not herein reenacted; and for other
purposes.
SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: That all male citizens of this State between the ages of eighteen and forty-five years, not expressly exempt by law, and transient persons having a place of business, and doing business in this State, but having no residence or home therein, shall be subject to military duty and be designated as the militia.
SEC. 2. Be it further enacted by the authority aforesaid: The active militia shall be the troops organized as hereinafter prescribed to consist of land and naval forces and to be designated as the "Military Forces," of which the white commands shall be known as the " Georgia State Troops" and the colored as the "Georgia State Troops, Colored."
SEC. 3. Be it further enacted: The unorganized militia shall be known and designated as the Re3erve Militia, and when called into active service, shall be organized and governed as the Active Militia.
SEC. 4. Be it further enacted: The following exemptions from military duty shall be recognized, to wit: (I) The chief officers of the several Executive Departments of the State: (2) Judges of the Supreme, Superior, City and County Courts, Justices of the Peace, Sheriffs and Deputies and Jailers, Clerks of Courts and

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Ordinaries: (3) members of the General Assembll during the term for which they shall be elected, offi cers of the General Assembly during the session an for seven days before and after same: (4) persons em ployed on railroad trains and repairers of railroads (5) operators and messengers of telegraph companies (6) postmasters and persons employed in the post-of
fices and the transportation of the mails; (7) ferrymen
bridge-keepers, tollgate-keepers and public millers (8) ministers and preachers of the gospel, license physicians and druggists in active practice, professor and tutors in colleges and schools; (9) aliens; (10) al persons exempted by the Acts of Congress j (11) regu lar members of any fire or police departmen t; (I:! every person employed by the year or season on boar any vessel, or in the merchant service or coastin trade, and all pilots and stevedores.
SEC. 5. Be it further enacted: The Governor is th Commander-in-Chief of the Army and Navy of thi State, and of the Mi.itia thereof.
SEC. 6. Be it further enacted: The military staff 0 the Commander-in-Chief shall consist of the follow in officers to be appointed by him, who shall be commis sioned as officers of the" Georgia State Troops," hold ing office at the pleasure of the Commander-in-Chief or until their successors are appointed and qualified, t wit: (1) An Adjutant-General with the rank of Briga dier-General, who shall receive a salary of two thou sand dollars per annum to be paid out of the Military, Fund; and no person shall be appointed to this offic who has not been actively in the military service of th State of Georgia at least five years prior to his appoint ment; (2) a Judge Advocate-General; (3) a Quarter master-General; (4) a Commissary-General of Subsistence; (5) a Surgeon-Geveral; (6) an Inspecter-General of Rifle Practice; (7) an Inspector-General, when-

,ever in the discretion of the Commander-in-Chief the j. exigencies of the service require, f\ach with the rank
of colonel; (8) not less than four aides-de-camp, with I' the rank of lieutenantcolonel, and in tis discretion, as " many more as he may deem proper, not to exceed s. twenty-eight, and as a prerequisite to appointment to . this position such aides-de-camp shall have held a com'I mission in either the Oonfederate States Army or Navy, I; in the Georgia State Troops, or in the United States
Army or Navy; (9) and the Oommander-in-Chief may apfoint his private secretary as his military secretary II and commission him with the rank of major: Provided [. the commissions of the aides-de-camp and the military II secretary shall not continue of force beyond the ex~ piration of the term of the Commander-in-Ohief by
whom they are appointed. SEC. 7. Be it further enacted: In addition hereto
the Adjutant-General, the Judge Advocate-General, Quartermaster-General, the Commissary-General of Subsistence, the Surgeon-General, the Inspector-General of Rifle Practice, and the Inspector-General shall, g each, have two assistants, one with the rank of lieutenant-colonel and one with the rank of major, and there shall also be a Medical Inspector wi th the rank of major.
o These assistants shall be appointed by the Comman,- der-in-Ohief upon the recommendation of the above mentioned respective heads of the departments and y shall be attached to the staff of the Oommander-ine Chief.
e SEC. S. Be it fmther enacted: The Adjutant.Gen;' eral shall be chief of staff to the Oommander-in '. Chief, and all communications between the Comman- der-in-Ohief and officers of the Military Forces of the - State shall be made through and to him; he shall keep and preserve the arms, accoutrements, and other miJi-

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ar; tary stores of the State; keep on file in his office

reports made to him; make an annual report to t

Commander-in-Chief of the condition of the MilitalJl

Forces, with an itemized supplies received from all

account sources,

of all and of

tmh eo ndeisybsurasned- J

ment and issue of such to each company, troop, bat-

tery, or division of naval militia. He shall also embodJ,

therein the annual reports of all officers made to him,J

and all general orders and circulars issued from his

office, which report shall be published in pamphlel

form for general distribution, and the Commander-in-

Chief shall lay before the General Assembly such por-

tions of this report as he deems proper. He shall obey

all orders relative to carrying into execution and per-

fecting the military establishment under the laws of

the State and of the United States; furnish blank forms

of the different returns and rolls as may be required,

and to every officer or soldier leaving the service he

shall furnish a discharge certificate properly filled out

stating therein the reasons for said discharge. He

shall give his whole time and attention to said office

and shall perform such other duties as may be required

of him by the Commander-in-Chief.

The Adjutant-General shall, in the discretion of the

Commander-in-Chief, give bond to the State, for such

an amount as may ba fixed by Regulations, with two

personal or one corporate surety, to be approved by

the Commander-in-Chief, conditioned faithfully to

Ilischarge the duties of his office, to use all nflcessary

diligence ar:;d care in the safe-keeping of the military

stores and property of the State and United States

committed to his custody, and to account for and

safely deliver to his successor, or to any person author-

ized to recei ve same.

The duties of the chiefs of the staff departments,

their assistants, the aides-de-camps, and the military

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Llsecretary, shall be correlative with those discharged by like officers of the United States Army, as far as
llmay be applicable, and they shall perform such other 1duties pertaining to their respective offices as may be I required of them by the Commander-in-Ohief. :J- SEC. g. Be it further enacted: In time of peace t- the aforesaid land forces shall comist of not exceed'ing sixty companies of infantry. while; seven compaI'nies of infantry, colored; tweh-e troops of cavalry, 1 white; one battalion of heavy artillery, white, tocon'I sist of not more than four or less than three compaI' nies, which shall be armed and equipped as infantry, '. and shall be instructed and trained as heavy artillery; Ytwo batteries of light artillery, white; one battery ot ';light artillery, colored; a band of music to each regi-
ment of infantry and cavalry and unassigned battal-
i. ion; the Commander-in-Ohief 's staff. and the Retired
., Officers. Said Military Forces, fully armed and eequipped, shall be allotted and. apportioned to such tlocalities of the State, as the interests of the service. Sin the discretion of the Commander-in-Ohief, may reSquire.
l SEC. 10. Be it further enacted; The Commander-inChief shall have power in case of war, invasion, or
3 riot, or immediate danger thereof, to increase said 1 forces, and to organize the same as the exigencies of ) the occasion may demand; and he may order the
whole' or any part of said Military Forces into the ~ active service of the State as, in his discretion, the
occasion may require. In the event of a call being made by the President of the United States upon the State to l furnish troops for the service of the United States the "Georgia State Troops," at that time organized, shall . be preferred and u~ed in all cases, in complying with such call. Nothing in this section is intended to ex, elude officers on the Retired Roll.
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SEC. 11. Be it further enacted: The aforesaid land forces, as they now exists, or may hereafter be organized, shall be organized and arranged by the Commander-in-Chief into such regiments, unassigned battalions, seperate departmen ts and corps, with power to make such al terations in the organization and arrangement thereof from time to time as he may deem necessary; provided, that unassigned battalions shall be assigned to regiments whenever it is practicable, in the judgment of the Commander-in-Chief to do so; and provided further, that in time of peace, the number of regiments of infantry shall not exceed five, and the number of regiments of cavalry shall not exceed one; provided further, that in such organizations and arrangement, the companies composing any regiment shall, so far as practicable, be selected from the same geographical section of the State, to the end that the territory in which each regiment is located shall be distinct and separate; provided further, that for the purposes of this Act, as hereinbefore set forth, the Commander-in-Chief shall be authorized to organize new companies to fill vacancies, to transfer, if necessary, companies to and from battalions and regiments as they are now organized.
SEC. 12. Be it further enacted: Each regiment shall consist of not more than twelve, nor less than eight companies, and shall be formed into not more than three battalions of not less than three or more than five companies each, and shall have a colonel, a lieutenant-colonel, one major for each battalion, one surgeon with the rank of major, one adjutant, one quartermaster, one commissary, one inspector of rifle practice, one chaplain, each with the rank of captain, and one assistant surgeon for each battalion to rank as first lieutenant, one battalion adjutant for each battalion with the rank of first lieutenan t, and a non-

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commissioned staff, consisting of a regimental .sergeant-major, a sergeant-major for each battalion, one quartermaster-sergeant, one commissary-sergeant, two color-sergean ts, four hospi tal stewards who shall be a licensed druggist, and a chief trumpeter. Each regiment and unassigned battalion may have a hospital corps, consisting of not more than twenty-five privates enlisted in said corps, under the direJtion of the commanding officer and the surgeon. A commander of a regiment or unassigned battalion may enlist a regimental band and drum corps, to consist of one chief musician, one drum-major, with the rank of first sergeant, two corporals, and not less than twelve nor more than fifty privates, provided however, that upon any parade or drill, all the members of any band employed by any of the land or naval forces for the purpose of furnishing music, and there present for that purpose, shall be subject to orders, discipline and regulations, and be considered as regularly enlisted during the time of such parade and drill, amI fur the violation of such orders, discipline and regulations, they shall bE' liable to all the penalties prescribed by this _\ct for enlisted men, to be inflicted after trial by a court-martial in the manner provided by this Act.
The staff of an unassigned battalion shall be a chaplain, an adjutant, a quartermaster, a commissary, an inspector of rifle practice, and an assistant surgeon, each with the rank of first lieutenant; and a non-commissioned staff consisting of a sergeant-major, a commissary-sergeant, a quartermaster-sergeant, two color sergeants, a hospital steward who should be a licensed druggist, and a chief trumpeter, provided that comparnes of infantry, colored, shall be organized into one battalion, whose permanent com-

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manding officer shall have the rank of lieutenantcolonel.
SEC 13. Be it further enacted: To every company of infantry, cavalry, and heavy artillery, there shall be one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermastersergeant, four sergeants, not less than four, or more than eight corporals, one artificer, two musicians, and not less than twenty-five, nor more than one hundred p'rivates, including the artificer and musicians. To every battery of light artillery there shall be one captain, two first lieutenants, an assistant surgeon with rank of first lieutenant, one second lieutenant, one first sergeant, one quartermaster-sergeant, four sergeants, not less than four nor more than eight corporals, one hospital steward who shall be a licensed druggist, and not less than twenty-five nor more than one hundred privates.
SEC. 14. Be it further enacted: Whenever a regiment or unassigned battalion shall have an armorer or custodian of their building, said regimental or unassigned battalion commander may enlist such armorer or custodian as post quartermaster-sergeant.
SEC. 15. Be it further enacted: In time of peace, the naval forces shall consist of the following divisions of naval militia, organized by voluntary enlistment, for the defense of coasts and harbors, which shall constitute a battalion to be known as the Naval Battalion of the Georgia State Troops, to wit: Three divisions of naval artillery, and one naval torpedo division.
SEC. 16. Be it further enacted: The Naval Battalion shall have one commander, one lieutenant-commander to act as executive officer, and one lieutenant to act as navigator. The commanding officer of said battalion shall have power to appoint a staff to be

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commissioned by the Oommander-in-Ohief, to consist of one aide, one ordnance officer, one paymaster, one surgeon, each with the rank of lieutenant, junior grade. There may also be attached to the staff of the commanding officer the following warrant and petty officers; one master-at-arms, one electrician, one chief gunner's mate, one chief quartermaster, four quartermasters, and eight sigual men, two yeomen, one hospital steward, who must be a licensed druggist, and one chief boatswain's mate. Also when there is a ship on station, there shall be an engineer's division, to consist of one chief engineer, with the rank of lientenant, and two assistant engineers, with the rank of ensign, to be appointed by the commanding officer of the battalion, four oilers and four water tenders without rank, to be appointed by the commander of the battalion.
SEC. 17. Be it further enacted: Each division of naval artillery, and the naval torpedo division shall be commanded by a lieutenant, and in addition shall contain one lieutenant, junior grade, two ensigns, and not less than thirty-two nor more than sixty-four warrant and petty officers and seamen as enlisted men. The naval torpedo division shall not comist of more than three crews, each of which will contain at least six petty officers and seamen. The first crew shall be commanded by a lieutenant, junior grade, and the second and third crews by the two ensigns. Each torpedo crew,shall contain at least two men with a practical knowledge of electricity, and two others with a practical knowledge of s'team engineering.
SEC. 18. Be it further enacted: The officers and enlisted men of the aforesaid naval battalion, or any part thereof, shall perform such duty or service as may be order~d by the Commander-in-Ohief and shall be paid the same compensation as provided in section

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37, when they have not received any compensation from the United States.
SEC. ]9. Be it furthl'r enacted: The naval battalion shall be considered to correspond to a battalion in the Georgia State Troops, and shall be entitled to the same privileges and allowances of such battalion. Each division of said naval battalion shall be considered to correspond to a company of the Georgia State Troops, and shall be entitled to the same privileges and allowances. The members of the naval battalion, and each division thereof, may form themselves into an organization, and adopt by laws in the same manner with the same powers, and subject to the same limitations as are now prescribed for members of companies in the Georgia State Troops.
SEC. 20. Be it further enacted: For the purposes of this Act, the word "company" or" companies" shall apply to and include companies of infantry and heavy artillery, troops of cavalry, batteries of light artillery, and naval divisions, except where otherwise specified, and the term "unassigned battalion" shall apply to the naval battalion and to battalions not attached to regiments, and the term "unassigned company" to companies not attached to regiments or battalions. 'rhe word" officer" shall apply to a commis,ioned officer, and the word "soldier" shall include non-commissioned officers and privates of the naval battalion as well as of the land forces.
SIW. 21. Be it further enacted: On the First of February, after the passage of this Act, all commissioned officers of the Military Forces not herein providpd for shall be honorably mustered out of the service of the State; provided, that the present adjutant-general, and the aides-de-camp and military secretary appointed since October 25th, 1902, may serve out the term of their present commissions.

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SEC. 22. Be it further enacted: Any male capable of doing military duty, who is not under the age of sixteen years, and is of good moral character and can read and write, may be enrolled as a member of the aforesaid Military Forces.
SEC. 23. Be it further enacted: On and after the First of January, after the passage of this Act, the term of enlistment shall be for one year. Soldiers or officers discharged for the good of the service, or dishonorably discharged or expelled from the Military Forces of this State, or from the volunteers or National Guard of any other State, or from the Army or Navy of the United States, shall not be enlisted, and shall not be appointed to, nor allowed to hold any position, State, county, or municipal, either of honor or emolument, unless such discharge or expulsion shall have been revoked, or the disability removed by the Oommander-in-Ohief.
SEC. 2-l. Be it further enacted: Any person detached to serve with any portion of the militia called into the service of the United States may offer a substitute, and if such substitute is acceptable and shall consent in writing to subject himself to all the duties, fines, forfeitures, and punishments to which his principal would be subject were he personally to serve, he shall be accepted by the commanding officer of the detachment, and ordered to be enrolleJ. in the place of his principal.
SEC. 25. Be it further enacted: All commissioned officers of the said Military Forces who have been at the date of resignation or retirement, in eommission for the period of ten years or who have served in the ranks and in commission for the period of fifteen years,. may,upon application, and the approval of the Oommander-in-Ohief, be honorably retired from ac
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tive service with the highest tank they may have held in the service of this State, and their names inscribed upon a roll to be established and maintained in the office of the Adjutant-General, to be known as the "Roll of Retired Officers," and such Retired Officers shall have all the rights, privileges, immunities and exemptions now or hereafter enjoyed by the Military Forces of this Eltate, and shall be entitled to wear, upon all proper occasions, the uniform of their rank; provided that the time of service in the Confederate States Army or Navy, or in the United States Army or Navy as a volunteer of this State, subsequent to 1870, shall be counted double if necessary to make the ten or fifteen years' service required; and the service herein required need not be continuous, but must have been honest and faithful; provided further, that nothing in this section shall be construed as disturbing officers now on the "Retired Roll." And such Retired Officers shall be available for active duty on all boards, courts-martial, and to superintend military elections, and they shall perform such other duties, except to command troops, as may be from time to time assigned them by the Commander-inChief.
SEC. 26. Be it further enacted: Whenever in the opinion of the Commander-in-Chief the interests of the service require, he is hereby authorized to appoint a board of three officers to be known as a Retiring Board, to pass upon the fitness of any officer for continuance in commission. Should this board, after giving such officer an opportunity to be heard, find that he, for any cause whatever, should not be continued in commission, such officer may, with the approval of the Commander-in-Chief, be wholly retired from the service of the State, and his commission cancelled; or should .he be entitled to be placed upon the

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Roll of Retired Officers, and the Retiring Board so recommend, he shall, with the approval of the Commander-in-Chief, be placed upon said Roll of Retired Officers and his office declared vacant.
SEC. 27. Be it further enacted: Any person not duly authorized who wears the uniform or insignia of rank of any officer or enlisted man in the Military Forces of this State, or any uniform which is similar in appearance, style or make-up to the uniform of this State, shall be guilty of a misdemeanor and on conviction shall be punished as such; provided, this section shall not apply to those authorized by law to wear the uniform of the United States and the uniform of troops of other States, nor those wearing any uniformat theatrical or like performances.
REC.28. Be it further enacted: Any officer of the Military Forces of this State is authorized to administer oaths in matters pertaining to the military service, and to witness military papers over his official signature, for which no charge shall be made.
SEC. 29. Be it further enacted: The Commander-inChief or the commanding officer of any regiment, battalion or company may enforce the attendance at any drill, encampment or other duty of any officer or enlisted man of his command, and to use such force as may be necessary.
SEC. 30. Be it further enacted: Any regiment, bat talion or company may provide a roll to be known as the "Veteran Roll," and any enlisted man of the command who shall have served honorably for ten years in the service of this State, shall be entitled to be honorably retired from active service, and to have his name placed upon said roll with the highest enlisted rank he may have held in the service of this State, and shall be entitled to wear upon all proper occasions the uniform of his rank, and to parade with

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such organization upon any occasion of ceremony. Such service need not be continuous, but shall have been honest and faithful. Each company, troop, battery, or naval division may also provide a roll to be known as the" Reserve Enlisted Roll," and any enlisted man of such organization who shall have served honorably for seven years in the State's service shall be entitled to have his name placed upon said roll, upon certificate being made by his commanding officer as to eligibility, and he shall not be required to attend more than four drills, parades or assemblies in oue year, one of which shall be the annual inspection, but shall be subject to active duty whenever the occasion requires; and shall have all the rights and privileges of a regular enlisted man. 1'he men upon the Reserve Enlisted. Roll shall not be counted either for or against any company in computing the per cent. of attendance at drills, assemblies or parades, except the annual inspection and muster.
SEC. 3t. Be it further enacted: The sale or giving away of any spirituous, vinous, malt or intoxicating liquors within any camp of the Georgia Military Forces, or within half. a mile thereof, is hereby prohibited, provided however, that the half-mile clause shall not apply to any place of busmess in an incorporated town or cit,y. Any person 'Violating the l'rovisions of this section shall be gUilty of a misdemeanor and on conviction shall be punished therefor.
SEC. i)~. Be it further enacted: Any officer or enlisted man injured in the active service of the State shall be entitled to a pension in such an amount as the General Assembly may provide.
SEC. 33. Be it further enacted: Every officer and enlisted man of the aforesaid Military Forces shall be exempt from road duty and street tax during the time of his service. Each company of the State Mili-

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tary Furces shall have the privilege of bearing upon its roll a class of membership, not to exceed thirty in number, to be known and designated as "Special Pay Members," who, upon paying a sum of money, as prescribed by s'lid company, not less than twenty-five dollars per annum, to said company, shall be ex mpt from jury duty, road duty and street tax, so long as such membership is continued. Certificates of membership shall be prepared and signed by the company commander and delivered to each of the Special Pay Members of the company, and when produced in any court of this State shall be evidence of the right of the holder thereof to the exemptions herein granted.
SEC. ,;4. Be it furthpr enacted: Whenever different organizations of the Military Forces are joined or do duty together, the officer of the line of the" Georgia State Troops" highest in rank, present and on duty, with or without any portion of his own organization, shall command the whole.
SEC. 35. Be it further enacted: Except as herein otherwise provided, the commissions of all officers then in commission shall expire on the First of February, after the passage of this Act, and commissions of all officers thereafter elected or appointed shall continue during good behavior. The commissions of staff officers of regiments, battalions, unassigned battalions, and light batteries, medical officers and pharmacists included, shall be vacated upon the commission and qualification of a new commanding officer, unless it is the t'xpress wish of the commanding officer that they continue in force, but said staff-officers shall perform the duties of their offices until their successors are commissioned and qualified.
SEC. 36. Be it further enacted: The term of office shall begin on the date of election or appointment to the office, and the date from which an officer takes

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rank shall be the date of such election or appointment, unless at the time of election or appointment, the officer be in active commission in the same grade of rank, in which case the officer shall be entitled to rank from the date of original rank in such grade, chaplains, medical officers, and paymasters of land forces excepted.
SEC. 37. Be it further enacted: Whenever any part of the Military Forces of this State is called into active service of the State for the purpose of quelling insurrection, suppressing mobs, or riot, or otherwise aiding the civil authorities in enforcing the law, their compensation, in addition to all transportation, quarters, and rations, shall be as follows: All colonels, lieutenant-colonels and majors, of whatever arm of the service, four dollars per day; all captains, of whatever arm of the service, three dO,llars per day; all lieu tenants, of whatever arm of the service, two dollars per day; all first sergeants, of whatever arm of the service, and all non-commissioned staff-officers, one dollar and fifty cen ts per day; all other non-commissioned officers, of whatever arm of the service, one dollar and twentyfive cents per day; and all private soldiers, of whatever arm of the service, one dollar per day. Officers and men of the naval forces shall receive such pay, rations and allowances as may be allowed officers and men of the same relative rank in the land forces. After fifteen continuous days' actual service when called out by the State the pay and allowances of rank and file shall be the same as provided for like grades in the UlJited States Army. In computing the length of the term of service, twenty-four hours shall be considered a day, and all frac.ional parts of t",enty-four hours shall be considered as an entire day. The compensation herein provided for, as well as the cost of transportation and subsistence, shall be paid out of the

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"Military Fund," unless otherwise specifically provided for.
SEC. 38. Be it further enacted: There shall be a dress and a service uniform prescribed from time to time by the Commander-in-Chief and furnished to the enlisted men of such commands as may make proper requisition therefor. Any command having and using a uniform heretofore adopted by it, may retain and use such uniform at all times and for all purposes until such command shall make a material change in the uniform in use by it, when such change shall be to the regulation uniform; changes in the cut of the coat or blouse, or in the shape of the cap or other head-gear, or in the trimmings of either, shall not be deemed material changes. Any company. Jlattalion or regiment may adopt and wear a full-dress uniform when the whole command to which they are attached are similarly equipped.
SEC. 39. Be it further enacted: No partof the uniform or equipment of any officer or soldier of the said Military Forces shall be subject to levy and sale for debt, except for fines and other dues to his company, battalion or regiment, according to its rules, or such as may be imposed upon him by the sentence of a court-martial.
SEC. 40. Be it further enacted: The members of ~aid Military Forces shall in all cases except treason, felony and breach of the peace, be privileged from arrest during their attendance on any milit.ary duty, and in going to and return~ng from same.
SEC. 41. Be it further enacted: The flag of the State of Georgia shaH be a vertical band of blue next to the staff, and occupying one-third the entire flag; the remainder of the space shall be divided into three horizontal bands, the upper and lower of which bands shall be scarlet in color, and the middle band white. On the

24
blue field shall be stamped, painted or embroidered, the coat of arms of the State; and every regiment and unassigned battalion shall, when on parade, carry this flag.
SEC. 42. Be it further enacted: Nothing in this Act shall defeat or impair the existing rights an(1 privileges of any incorporated regiment, battalion or company, under their respective charters and amendments thereto and exemptions allowed by special Acts of the General Assembly.
SEC. 43. Be it further enacted: Regiments, battalions and cumpanies already organized may retain any special name ordesignation they may hal e adopted, or may have by charter, if incorporated, and any regiment, battalion or company hereafter organized, may adopt and retain any special name or designation it may select, which name may be changed at any time by a majority vote of the organization, but regiments and unassigned battalions must be numbered in their respective arms, and every company attached to a regiment or unassigned battalion must be designated in such regiment or unassigned battalion by a letter of the alphabet.
SEC. --14. Be it further enacted: Company officers shall be elected by the officers and enlisted men of the company; field officers shall be elected by the field and company officers of the regiment or unassigned battalion. Elections for a commander of a regiment or commander of an unassigned battalion shall be ordered by the COTIlmander-in-Chief; elections for a junior officer shall be ordered by the commander of the regiment or unassigned battalion; elections for officers of unassigned companies shall be ordered by the Commander-in-Chief. All elections shall be conducted and returns thereof made, and all contests decided, in such manner as may be prescribed by regu-

25
lations. A plurality of the votes cast shall be necessary for an election to any office in the Military Forces. The decisiun of the Oommander-in-Ohief as to the result of any election shall be final.
SEC. 45. Be it further enacted: The Oommander-inOhief may discharge any officer of the aforesaid Military Forces for anyone of the following reasons, to wit: Upon tender of resignation, or when it appears to the Oommander-in-Ohief that an officer is unable or unfi t to discharge the duties of his office, or to exercise proper authority over his inferior officers or soldiers, or that he has been convicted of an infamous crime, or when he has removed his residence from the home station of his command to so great a distance that it is inconvenient to perform the duties of his office; or when he has been absent from his command for a longer period than thirty days without leave of the Commander-inOhief, or upon the disbandment of the organization to which he belongs; or upon the recommendation of a Retiring Board, or in pursuance of sentence of a courtmartial.
SEC. 46. Be it further enacted: Commissioned staffofficers of regiments, unassigned battalions and batteries of light artillery, shall he appointed and commissioned by the Commander-in-Ohief upon recommendation of respective commanders. Oommissioned staff-officers of battalions of a regiment shall be appointed and commissioned by the Commander-in-Ohief upon the recommendation of respective battalion commanders approved by the regimen t3l commander; and all such staff-officers shall be subject to examination as to their fitness for commission.
SEC. 47. Be it further enacted: Every person elected or appointed to any commissioned office in the Military Forces of this State shall appear before an examining board, consisting of two or more competent offi-

2()
cers, who shall examine said person as to his physical, mili tary and other qualifications; provided, that where such officer has, within one year, been commissioned in the same or higher grade, the Commander-in-Chief, in his discretion, may excuse him from examination; and officers re-elected or reappointed as their own immediate successors shall not be required to stand examination. The Commander-in-Chief may, in his discretion, waive the examination of field officers, where said officers are promoted to higher rank in the line; and he may also waive the examination of any person appointed an aide-de-camp, military seoretary, or cha~ain.
SEC. 48. Be it further enacted: Every person commissioned as an officer in the Military Forces of this State, before he shall assume such rank and enter upon the duties of the office to which he may be commissioned, shall accept such commission, and shall take and subscribe before some person authorized, such oath and declaration as may be prescribed by the Commander-in-Chief. Any officer or enlisted man, active or retired, who accepts a commission, or any officer, active or retired, who enlists, shall thereby vacate his former commission or enlistment, as the case may be.
SEC. 49. Be it further enacted: No enlisted man of the Military Forces of this State shall be discharged before the expiration of his term of enlistment, except by the order of the Commander-in-Chief, or for any of the following reasons, to wit: To accept promotion by commission; upon removal of residence from the State or out of the bounds of the command to which he belongs, to so great a distance that, in the opinion of his commanding officer, he cannot properly perform his military duty; upon disability, established by the certificate of a medical officer, or where no medical

27
officer is available, upon the certificate of a competent physician; upon conviction in a civil court of a crime involving moral turpitude; upon his own application approved by the commanding officer of the organization to which he belongs, and by superior commanders; to carry out the sentence of a court-martial; or whenever, in the opinion of the Commander-in-Chief, the interest of the service demands such discharge.
SEC. 50. Be it further enacted: No part of the Military Forces shall leave the State as an organization, with or without arms, without consent of the Commander-in-Chief, and any organization so offending shall be disbanded.
SEC. 51. Be it further enacted: All arms, accoutrements and other military property for regimental and unassigued battalion field and staff officers shall be issued to the Quartermaster of such units, and all arms, accoutrements, and other military property for the company shall be issued to the commander Qf the company, and shall be receipted for by such officers; but no such issue shall be made until after there shall have been executed and delivered to the Commanderin-Chief a personal bond with two sureties, or a bond of surety company, to be approved by the AdjutantGeneral, by the officer who is responsible for such public propert,y, in such sums as may be prescribed by regulations, payable to the Commander-in Chief and his successors in office, when required, for the safekeeping, proper use, and prompt surrender of such property, with which he may be properly chargeable. In the event of the death, resignation, promotion, or dismissal such officer, the next in command, or his successor shall, within sixty days, furnish a good and sufficient bond, and shall report to the Commander-inChief the arms. accoutrements and other military property remaining of those originally issued to the

28
command, and have delivered to the Commander-inChief his bond and receipt for same, as above described. In the event of failure to comply with the above conditions the commission of such officers shall be declared vacated. The person giving bond for arms, accoutrements and other military property, his executors, administrators and sureties, shall be liable for suit in the proper court for damages resulting from the breach thereof, and it shall be the duty of the Adjutant-General to force a settlement of same. Any officer, non-commissioned* or soldier to whom his commanding officer may find it necessary or convenient to en trust arms, accoutrements, and other military property, issued by the State, shall be liable to such commanding officer for any loss of or injury to same, in any court having jurisdiction of the person of the defendant and of the amount of the demand. Such person shall be subject to attachment and garnishment under the rules of the law governing said remedies. And if any officer, non-commissioned'* or soldier shall sell or otherwise dispose of any arms, accoutrements, or military property, belonging to the State or the United States, in his possession, custody, or control, such officer, non-commissioned officer, or soldier shall be guilty of a misdemeanor, and upon conviction by a court-martial, shall be pun ished as for same; and shall be dismissed from the Military Forces.
SEC. 52. Be it further enacted: It shall be the duty of the Commander-in-Chief to require the AdjutantGeneral or the Inspector-General to inspect, or cause to be inspected, at least once in every year, the military property and records of each regimen t, battalion and company; and to muster and inspect the officers and men of each company, and of larger units when practicable; and to inspect each military school or col-
':' Non-commissioned Officer.

29
lege in this State and the arms, accoutrements and other military property of such schools or colleges; and to make a written report of such inspection, showing the condition of such organizations, their arms, accoutrements and other military property, and the n3.ture and extentof the repairs needed, if any; and such repairs may be ordered made by the Commanderin-Chief by the supply of the missing parts from the quota received from the United States, or by the employment of skilled artisans, under the direction of the commander of the organization or the president of the school or college, who shall be paid out of the Mili tary Fund, by the Commander-in-Chief, upon itemized accounts approved by said commanding officer or president. The Commander-in-Chief shall fix a day for such annual muster and inspection for each company of the Military Forces, attendance thereat to be compulsory. The men ordered out for such inspection and muster must lay all other business aside and be and appear at the place and time designated, and on failure to do so, without good and valid excuse, to be determined by the company officers, shall pay a fine of two dollars and fifty cents, whic!: shall revert to the company treasury.
SEC. 53. Be it further enacted: The officer commanding any detachment, company, battalion, regiment or assembly, at any parade, or during the performance of any duty, shall have the authority to arrest and place under confinement during the continuance of such duty any person who shall in any way wilfully disturb the peaceable and orderly proceedings of such detachment, company, battalion, regiment or assembly; and such person shall, moreover, be guilty of a misdemeanor and on conviction punished therefor.
SEC. 5!. He it further enacted: If a bystander, or

30
a person not connected with the Military Forces, shall molest, interrupt, or insult, by jeer or otherwise, any officer or soldier while on duty at any encampment, drill, parade, or other assembly, such person shall be guilty of a misdemeanor, and the commanding officer where such offense shall be committed shall have power to arrest and confine such person until the close of such encampment, drill, parade, or other assembly, and it shall be his duty, after the conclusion of said military exercises, to deliver such offender to the proper civil authorities, accompanied by charges in writing. And if any person connected with the Military Forces of this State shall so offend, he shall be guilty of a misdemeanor, and may be brought to trial either before a civil court or a court-martial, in the discretion of the commanding officer.
SEC'. 55. Be it further enacted: Whenever any judge of the Superior Oourt, or of a Oity Court, Oounty Court, Oounty Sheriff, Mayor of any incorporated city, town or village, in this State, whose authority shall rank in the order named, shall have reasonable cause to apprehend the outbreak of any riot, rout, tumult, insurrection, mob, unlawful assembly, or combination to oppose the enforcement of the law by intimidation, force or violence, within the jurisdiction of which such office is by law a conservator of the peace, which cannot be speedily suppressed or effectually prevented, by the ordinary posse comitatus and peace officers, it shall forthwith become the duty of the judge, sheriff, or mayor to report the facts and circumstances to the Commander-in-Chief, and to request him to order out such portion 'of the Military Forces of the State as may be necessary to preserve the peace; and it thereupon shall be the duty of the Commander-inOhief, if he deems such apprehension well founded, to order out, or direct to be held in readiness, such por-

31
tion of the Military Forces of the State as he may deem advisable for the enforcement of the law; and he may require the officer in command of the troops to report to such civil officer as he may direct, and to obey the order of such civil officer; or if the Commander-in-Ohief deems it advisable, he may specially instruct the officer in command of such troops as to the duties required of them, and to direct their execution under the immediate control of the Oommande'r-in-Ohief.
SEC. 56. Be it further enacted: Whenever any riot, outbreak, tumult, mob, rout, or unlawful assembly shall occur or be imminent, under such circumstances that timely application cannot be made tu the Oommander-in-Ohief and action thereon had by him, any judge aforesaid, or sheriff of any county, or mayor of any city, town or village, in which any of the said Military Forces are located, if he ascertains, or has good reasons to believe that the ordinary posse comitatus or civil power of the county, town or village where such violation of the laws and the peace of the State occurs or appears iniminent, are or would be unable to promptly snppress or prevent the same, may, without first making application to the Commander-in-Ohief, direct the commander of any part of the Military Forces in the county, city, town or village where such lawlessness exists or is threatened, to report with his command to such civil officer, to enforce the laws and preserve the peace, and it shall be the duty of such commander and all persons composing such command to obey such order, which, however, must be in writing as required in Section 66 of this Act and as specified by said Section.
SEC. 57. Be it further enacted: Before using any military force in the dispersion of any riot, rout, tumult, mob, or other lawless or unlawful assembly or,

32
combination, it shall be the duty of the civil officer ordering out such Military force, or of some other conservator of thE' peace, or of the officer in command of the troops, or some person by him deputed, to command the persons composing such riotous, tumultuous or unlawful assemblage or mob, to disperse and retire peaceably to their respective abodes and business. But in no case shall it be necessary to use any set or particular form of words in ordering the disper- . sian of any riotous, tumultuous, or unlawful assembly, nor shall any command be necessary where the officer or person, in order to give it, would be put in imminent danger of loss cf life, or bodily harm, or where such unlawful assemblage or mob is engaged in the commission or perpetration of any felony, or in assaulting or attacking any civil officer, or person called to aid him in the preservation of the peace, or is otherwise engaged in actual violence to person or property.
SEC. 58. Be it further enacted: Any person or persons composing or taking part ill any riot, rout, mob, tumult, or lawless combination or assembly mentioned in this Act, who, after being duly commanded to disperse, as hereinbefore provided, willfully and intentionally fails to do so as soon as practicable, shall be guilty of a felony, and on conviction thereof shall be imprisoned in the penitentiary not less than one nor more than five years.
SEC. 59. Be it further enacted: Any person or persons composing or taking part or about to take part in any riot, rout, mob, tumult, or unlawful combination or assembly mentioned in this Act, having been duly commanded to disperse, or where the circumstances are such that no command is requisite, under the provisions of this Act, the civil officer to whom such force is ordered to report, or the military

83

officer in command, shall take such steps and make such disposition for the arrest, dispersing and quelling of the persons composing, or taking part in any such mob, riot, tumult. outbreak, or unlawful assembly or combination mentioned in this Act, as may be deemed by him requisite to that end, and if in doing so, any person is killed, wounded, or otherwise injured, or any property injured or destroyed by the civil officer, or officer or member of said Military Forces, or by any other person lawfully aiding them, such civil officer, military officer, or member of said Military Forces, or person lawfully aiding them shall be held guiltless in all cases, unless it be made to appear that such killing, wounding or injury of persons, or injury to or destruction of property was wanton or malicious; and should any officer or soldier be sued in any civil court or prosecuted in the criminal court charged with any damage to private property or injury to person in the

performance of any of the foregoing duties, or any act

in the line of his duty, it is hereby made the duty of

the solicitor-general, at the State's expense, to defend

such officer or soldier.

.

SEC. 60. Be it further enacted: If any portion of

the Military Forces, or other persons lawfully aiding

them in the performance of any duty under the pro-

visions of this Act are assaulted, attacked, or in

imminent danger thereof, the commanding officer of

such troops need not await any order from any cive

officer, but may at once proceed to quell such attack

and take all other needful steps for the safety of his

command.

SEC. 61. Be it further enacted: Whenever any shot

is fired or missile thrown at, against, or upon any body

of said Military Forces, or at, against, or upon any of-

ficer or member thereof, assembling or assembled for

3

34
the purpose of performing any duty under the provisions of this Act, it shall forthwith be the duty of every person in the assemblage from which the shot is fired or the missile thrown, to immediately disperse and retire therefrom without awaiting any order to do so; and any person knowing, or having a reason to believe that a shot has been fired or missile thrown, as aforesaid, from any assemblage of which said person forms a part, or with which he is present, and failing immediately, without lawful excuse to retire from such assemblage, shall be guilty of a misdemeanor; and any person so remaining in such assemblage after being duly commanded, as provided hereinbefore to disperse, shall be guilty of a felony, and on conviction thereof, shall be imprisoned in the penitentiary for not less than one nor more than five years.
SEC. 112. Be it further enacted; The United E'ltates forces or troops, or any portion of the Georgia Military Forces, being assembled for any purpose, or performing any duty according to law, shall have the right of way in any street or highway. through which they may pass, provided that the carriage of the United States mails, the legitimate functions of the police, and the progress and operation of fire-engines and fire departments shall not be unnecessarily interfered with thereby.
SEC. 63. Be it further enacted: Whenever any riot, rout, tumult, mob, or unlawful assembly has occurred or is progressing, or is so imminent that any portion of the said Military Forces is or has been called out for the performance of any duty under the provisions of this Act, it shall be lawful for the civil officer, under whose orders the Military Forces are acting, or of the commanding officer of such Military Forces, if it be deemed advisable to do so, in subduing or preventing such riot, rout, mob, tumult, or unlawful assembly or

35
the outbreak thereof, to prohibit all persons from occupying or passing any street, road, or place in the vicinity of the riot, rout, mob, tumult, or unlawful assembly, or the place where the same is threatened, or where the said Military Forces may be for the time being, and otherwise to regulate the passage and occupancy of such streets and places. Any person, after being duly informed of such prohibition or regulations, who attempts to go or to remain on such street, road or place, or who fails to depart after being warned, is guilty of a misdemeanor, and, upon conviction, shall be punished therefor. The Oommander-in-Ohief may, in his discretion, give authority to the commanding officer to close places where firearms and ammunitions are sold, barrooms, and other disord'erly places; and if the Oommander-in-Ohief shall deem it necessary, he may declare a state of insurrection in the locality in which the disorder is loca~ed; and such officer or officers shall have the right to do and perform any act or acts, or direct them to be performed, whether affecting private, corporate or public rights, that, in his discretion, may be neeessary or advisable to suppress or preven t such unlawful assembly.
SEC. 64. Be it further enacted: The commanding officer of any body of said Military Forces guarding any jail, building or other place or escorting any prisoner, or performing any other active duty, may, if he deems it advisable, prescribe a reasonable distance in the vicinity of such jail, building or other place or escort of such prisoner, within which persons shall not come; and any person coming within such limits, without the permission of said officer, or refusing to depart after being ordered to do so, shall be guilty of a misdemeanor, and shall be placed under arres t by the military authority, using such force as may be necessary.

36
SEC. 65. Be it further enacted: Whenever any troops are ordered out by a civil officer under the provisions of this Act, without first obtaining an order from the Oommander-in-Ohief, it shall be the duty of the civil officer, and also of the commander of such troops, to report the facts to the Oommander-in-Ohief as soon as practicable.
SEC. 66. Be it further enacted: Any civil officer, military officer, or member of the said Military Forces, or any person lawfully aiding them in the performance of any military duty required under the provisions of this Act, if indicted or sued for any crime or trespass, or for any injury to person or property, in endeavoring to perform such duties, shall have th~ right, and it is hereby made the duty of the court in which such indictment or sl,it is pending, upon the application of any person thus indicted or sued, to transfer the trial of the indictment or suit to some county other than that in which the indictment was found or the injury done. Such transfer shall be to any county that may be agreed by the solicitor-general and the defendant or his counsel, in case of indictment, or by the parties and their counsel, in case of suit. If a county is not thus agreed upon, the judge shall select such county as, in his judgment, will afford a fair and impartial jury to try the case, and have it transferred accordingly. Any officer whose command is called out under the provisions of this Act, and reporting to any civil officer, may require such civil officer to make such order in writing and to prescribe therein the outline of the duties required of him and his command; and such officer may decline to obey such orders until the same are put in writing; and while such commanding officer must obey all lawful commands of such civil officer, unless the same are countermanded by or at Tariance with the orders of the Oommander-in-Ohief,

37
such commanding officer may use his discretion as to the manner of carrying out such orders so long as he complies with their spirit.
SEC. 67. Be it further enacted: Courts-martial and courts of inquiry for said Military Forces shall be the same class and kind as shall from time to time be prescribed by law:or the United States Army. Any companyor organization may have constituted and prescribed in its by-laws, a company court-martial for any violation of company rules as prescribed in its by-laws.
SEC. 68. Be it further enacted: General courtsmartial and courts of inquiry shall be convened only by order of the Commander-in -Chief. The punishing power of such courts-martial shall extend to dishonorable discharge or dismissal from the service of the State, forfeiture of all pay and allowances, and such punishment' as may be prescribed for misdemeanors by the penal law of the State. In case of war or insurrection, such courts-martial shall have the authority to impose forfeitures, fines and penalties in accordance with military law and the Articles of War governing the armies of the United States. Regimental courtsmartial may be convened for the trial of enlisted men by the commanding officer of any post, regiment, or unassigned battalion; and their punishing powers shall extend to the reduction to ranks, dishonorable discharge, and forfeiture of all pay and allowances.
SEC. 69. Be it further enacted: The constitution of and procedure in all such courts shall be the same as may be from time to time required in similar courts in the United States Army, except in so far as the same may be modified by regulations prescribed by the Commander-in-Chief of the State. Officers who serve on any of said courts shall be considered as on active duty, and shall, in the discretion of the Commander-

38
in-Chief, receive the pay and allowances prescribed in section 37 of this Act.
SEC. 70. Be it further enacted: Courts-martial and 00urts of inquiry shall have the same power to compel the attendance of civilian witnesses as civil courts in this State have, and shall follow the same procedure of serving subpoenas and issuing attachments. Such courts shall also have the same power to punish for contempt that the Superior Courts of this State have.
SEC. 71. Be it further enacted: When the punishment inflicted by courts-martial is, or, includes imprisonment, and chaingang punishment, or either, the person so convicted shall be delivered by the military authorities to the sheriff of the county wherein such conviction was had, together with a CODy of the sentence of the court, to be dealt with as if such conviction had been had in the S~perior Court of such county.
SEC. 72. Be it further enactEd: All fines, forfeitures and penalties assessed by any court-martial shall be collected by execution issued under the hand of the presiden t of the court, and directed to the sheriff, and returnable to the Superior Court of the county in which the delinquent resides, and shall have the same fcrce and effect as civil process of the same character. All moneys collected from such fines and forfeitures shall be paid into the Military Fund of the State, except those collected by the execution of company courtsmartial, which shall be paid to the company or organization treasury.
SEC. 73. Be it further enacted: All moneys collected for fines and forfei tures. imposed under the provisions of this Act. by courts-martial ordered by the Commander-in-Chief, or the Superior Court of any county, or for damages for the breach of any bond given for arms, accoutrements, or military property, shall be

39
paid into the treasury of the State, and there constitute and be kept as a separate fund to be designated the "Military Fund," and shall not be paid out for, nor applied to, any other purpose whatever, than those specified in this Act, and then only upon the Oommander-inOhief's warrant. All moneys appropriated from time to time by the General Assembly for the support, maintenance, or equipment of said Military Forces, shall pass in to and become It part of said special fund in the treasuary of the State, called the "Military Fund," to be paid out on the Oommander-in-Ohief's warrant, according to law.
SEC. 74. Be it further enacted: All officers of said Military Forces receiving fines or pecuniary penalties collected by execution shall make a return thereof to the Adjutant-General, or to such officer of his department as he may designate, at least once a year, or oftener, if necessary. The Adjutant-General shall lay an abstract of same before the Oommander-in-Ohief annually.
S"c. 75. Fe it further enacted: For the purpose of carrying into effect the provisions of this Act, and of providing for the organization, discipline and government, of said Military Forces. in all particulars not herein fully described, the Oommander-inOhief is authorized to make and order such general regulations as he may find necessary, not inconsistent with law; which regulations shall have the same force and effect as provisions of this Act, until revoked by the Oommander-in-Ohief; and to furnish to each officer at least one copy of this Act, and of any amendments thereto, which may from time to time be passed by the General Assembly; and of such general regulations as he may prescribe, printed in pamphlet form at the pxpense of the Rtate. Except in so far as the Oommander-in-Ohief shall otherwise prescribe, the regulations authorized

40
by this section and in all matters not fixed by this Act, or by such regulations, t.he general regulat,ions of the army of the United States, or the navy of the Unit.ed States, as the case may be, issued from time to time, and the Articles of War and other statu tes of the United States shall govern so far as they are applicable, and not inconsistent with anything contained in this Act.
SEC. 76. Be it further enacted: All matters of detail in the various branches of the military service of this State, not especially provided for ill this Act, or by the regulations which may hereafter be promulgated as provided by flection 75 of this Act, which may arise in the execution and distribution of orders, reports and returns, proceedings of courts-martial and courts of inquiry, parades, assemblies, discipline, etiquette, duties, rank, and precedence of officers and non-commissioned officers, military badges, and distinctions, shall be determined as far as practicable by military law and usuage, and the customs of the Armyand Navy of the United States.
SEC. 77. Be it further enacted: It shall not be lawful for any body of men whatever, other than the Military Forces of this State, and the troops of the United State, and bodies of police, to associate themselves together as a military organization or to drill or parade with arms in this State, without the license of the Commander-in-Chief, which license may at any .time be revoked, provided, the students of educational institutions where military science is part of the course of instruction, may, with the consent of the Commander-in-Chief, drill and parade under arms in public under the superintendence of their instructors; and provided further, that nothing herein contained shall be construed as to prevent benevolent, secret or social organizations from wearing swords,

41
and parading with side-arms. Whoever offends against the provisions of this section, or belongs to or parades with any such unauthorized body of men with arms shall be guilty of a misdemeanor and on conviction shall be punished therefor. .
SEC. 78. Be it further enacted: The Commander-inChief has power to appoint advisory and other military boards as the service of the same shall, in his discretion, be needed.
SEC. 79. Be it further enacted: The Commander-inChief may disband or muster in companies in his discretion; provided, that before any company is disbanded it shall be given notice and the opportunity to show cause why such action should not be taken.
SEC. 80. Be it further enacted: The "Georgia State Troops" shali go into active service by being assembled in annual encampment, at such times and places as the Commander-in-Chief may direct; the expense of the same shall be defrayed out of the funds provided by the General Assembly for that specific purpose.
SEC. 81. Be it further enacted: To every officer and enlisted man who has served this State honestly and faithfully for six years, continuous or othorwise, and who continues in active service as an officer or enlisted man after that period, there shall be awarded a bronze medal of suitable design and inscription, and after each additional four years of honest and faithful service, continuous or otherwise, there shall be awarded upon like continuance in service, a bronze bar. This law shall retroact in favor of all officers and enlisted men now actively in the service, or who having the prescribed term of service, shall re-connect themselves with the service of the State at some future date; provided, that the time of service in the Confederate States Army or NavY,or in the United States

42
Army as a Volunteer of this State subsequent to 1870, shall be counted double if necessary to make the required length of service. These medals and bars shall be furnished by the State, through the Adjutant General's office, upon application of the person entitled thereto, approved by intermediate commanders, and the expense of same shall be paid out of the Military Fund.
SEC. 82. Be it further enacted: The Students of any educational institution, authorized by the Commanderin-Chief as provided in Section 77 of this Act, may be organized in to corps of cadets to be designated "'Georgia Cadets," which shall be a separlite and distinct body from the Georgia State Troops wearing a uniform distinct therefrom; the officers of such corps may be commissioned by the Commander-in-Chief, upon recommendation of the president or principal of the institution, between and including the grade of second lietenant and major of cadets, which commission shall expire ""hen such officer ceases to be a student or commandant of cadets of such institution. The Commander-in-Chief is hereby authorized to issue to these institutions such arms, accoutrements and other military supplies as may, in his discretion, be spared; and shall be empowered to make such rules and regulations regarding the care of such property as he may deem necessary, and shall require an annual report from the institution showing thecondition of the arms, progress of military instruction, strength of corps and such other matters pertaining thereto; and he may provide such other regulations for the military government of these institutions as he lllay deem absolutely necessary.
The corps of cadets organized under this Act, shall not be subject to active duty in case of war, riot or insurrection unless they shall first volunteer their

43
services for such duty, which may be accepted and used by the CommalJder-in-Chief, in his discretion.
SEC. 83. Be it further enacted: by the authority aforesaid: That the following laws and statutes, and parts of laws and statutes, be, and the same are, hereby repealed, that is to say:
First, chapters one to seventeen, both inclusive, of the eleventh title of the Code of 1895, comprising Sections 1094 to 1249, both inclusive, of said Code, and covering under the title, "Public Defense," the folrowing chapter headings, that is to say:
Chapter 1. Volunteer Forces. Chapter 2. Sundry Regulations. Chapter 3. 'rhe Public Arms and Arsenals. Chapter 4. Parades. Chapter 5. Duty in Case of Invasion, Riots, and Mob Violence. Chapter 6. Protection of Prisoners; Trials of Volunteers and Change of Venue. Chapter 7. Courts-Martial. Chapter 8. Exemptions from Jury and Road Duty. Chapter 9. Regulations by the Governor. Chapter 10. Military Fund. Chapter 11. Other Organizations not to be Formed or Drilled. Chapter 12. Volunteer Forces not to Leave State. Chapter l::l. Advisory Board and Proceedings for Disbandment of Companies. Chapter l-l. Encampments. Chapter 15. Military Provisions and Rules. Chapter 16. Miscellaneous Provisions. Chapter 17. Naval Militia. Said chapters and sections together with the Acts of the General Assembly, passed since 1895, hereinafter recited, constituting all the military laws of the State of Georgia, and the statutes with reference to

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the organization, discipline, privileges, duties, and right of the military forces of this State, and the miIi tia thereof.
The following Act, "An Act to provide for" the military organization of the students of the Georgia State Oollege of Agriculture and Mechanical Arts and of other departments of the State University," approved February 23d, 1875.
Second. The following Acts of the General Assembly passed since the Oode of 1895, to wit: "An Act to alter and amend an Act entitled 'an Act to provide for the establishment and government of a State naval militia, and for other purposes connected therewith,' and for other purposes," approved December 22d, 1896.
"An Act to increase the rank of the Adjutant-General and Assistant Adjutant-General of this State,'" approved December 21st, 1897.
"An Act to adopt a substitute for section 1143 of the Oode of 1895, prescribing a duration of commissions of officers of the volunteer forces of the State, and to amend section 12J 8 prescribing the pay of the volunteer forces of the State, when called into the service of the State, and for other purposes," approved December 21st, 1899.
"An Act to provide for the reorganization, discipline, enlistmflnt and protection of the military forces of this State, and for other purposes connected therewith," approved December ~lst, 1899.
"An Act to amend 'an Act to provide for the reorganization; discipline, enlistment, and protection of the military forces of this State, and for other purposes,' approved December 21st, 1899, by providing for the addition of one battalion of heavy artillery to the military forces of this State, by repealing

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section 15 of said Act, and for other purposes," approved December 18th, 1900.
Third. All laws and parts of laws, statutes and parts of statutes, general or special, with reference to the organization, discipline, privileges. duties and rights of the military forces of this State, both land and naval, white and colored, and of the militia thereof, which are not herein and hereby reenacted.
Fourth. All laws and parts of laws, general or special, statutes and parts of statutes, in conflict with this Act or with any part thereof.
Approved December 17th, 1902.

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