ODEN BOWIE, ESQUIRE, GOVERNOR. 281

the ballots of the members of their respective companies; provided, that at such elections a ma- jority of the ballots of the qualified voters shall 'be requisite to an election. The commissioned
and non-commissioned staff shall be appointed by the commanding officer of the respective division, brigade, regiment, battalion, or squadron; non- commissioned officers of companies shall be ap- pointed by the commanders of their respective companies; and warrants of non-commissioned officers shall he issued by their respective regimen- tal or battalion commanders. 10. All commissioned officers of the Mili- tia shall be commissioned by the Governor, who	Majority requisite.
may, in his discretion, withhold such commis- sion, in order to determine the qualification of the person for the office to which he shall have been elected or appointed; and if upon reference to an examining Board, appointed as herein- after provided, an elected or appointed officer shall be adjudged unqualified by a majority of said board, then another officer shall, within ten days,	Commissioned by Governor.
after due notice given in writing to the Adjutant General, to whom the presiding officer of said Board shall report, be elected or appointed, as pro- vided for by this Article, and in default of such election or appointment, the vacancy shall be filled by the Commander-in-Chief. 11. Every organized company of volunteer	Vacancy — how filled.
Militia may, by a vote of a majority of its officers, adopt By-Laws, which when approved by the com- manding officer of the regiment, battalion, squad- ron or battery, or independent organization, to which said company belongs, and approved by the Adjutant General, shall be binding upon all the members of such company; provided that nothing	By-Laws.
therein shall be inconsistent with the Constitution or Laws of this State, or of the United States, or the rules and regulations prescribed by the Corn- mander-in-Chief; and whenever any fine or pen- alty for absence from drill, neglect of duty or other cause, shall be imposed by virtue of such By-Laws,	Not to conflict
the same may be collected by execution in the same manner as judgments rendered by a Justice of the Peace, for the use of said company, upon a state- ment certified by the commanding officer thereof,	Penalty,