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1478 MILITIA. [ART. 65
appoint such number of aides, not exceeding ten, with the rank of
colonel, as may be necessary to the discharge of his duties as comman-
der-in-chief, and the assistant adjutant general. The adjutant general
shall be appointed by the governor from the officers of the national
guard, from those who have served in the national guard as officers,
or from officers of the United States army above the rank of captain,
and he shall be entitled to all the rights and privileges granted to other
officers in the national guard in this article. All of these staff officers
shall be appointed by the governor and shall hold office during his
pleasure, and their commissions shall expire with the term of office of
the governor appointing them, with the exception of the adjutant gen-
eral, who shall hold office until the qualification of his successor.
1908, ch. 103, sec. 9.
8. The governor shall have the power in case of insurrection, invasion,
tumult, riot or breach of the peace, or imminent danger thereof, to
order into the active service of the State any part of the militia that
he may deem proper. When the militia of this State, or a part thereof,
is called forth under the constitution and laws of the United States, the
governor shall order out for service the active militia or such part
thereof as may be necessary, and if the number available be insuffi-
cient he shall order out such part of the reserve militia as he may deem
necessary. During the absence of organizations of the national guard
in the service of the United States their State designations shall not be
given to new organizations.
As to riots, see art. 82.
1908, ch. 103, sec. 10.
9. Whenever it shall be necessary to call out any part of the reserve
militia for active duty as provided in section 8, the governor shall issue
a call for volunteers and direct any such to at once report their willing-
ness to serve to the sheriff of Baltimore city and to the sheriffs of their
respective counties. The said sheriffs shall forward lists of said volun-
teers to the governor, who shall select therefrom such force as may be
necessary. If there is not sufficient number of volunteers, or no volun-
teers, then the governor shall direct his order to the sheriff of Baltimore
city and to the sheriffs of the respective counties, who, upon receipt of
the same, shall forthwith proceed to draft by lot as many of said reserve
militia in his city or county as are required by the governor, and shall
forthwith forward to the governor a list of the persons so drafted.
1908, ch. 103, sec. 11.
10. Every member of the militia ordered out, or who volunteer, or
who is drafted under the provisions of this article, that does not appear
at the time and place designated by his commanding officer or the sheriff
aforesaid within twenty-four hours from such time, or who does not
produce a sworn certificate of physical disability, to so appear from a
physician in good standing, shall be taken to be a deserter and dealt with
as prescribed in the articles of war of the United States.
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