1496 MILITIA. [ART. 65

adjutant-general a notice in writing that he demands a hearing and
examination before such boards. Boards shall be appointed by the
governor for officers above the grade of colonel and captain of the naval
brigade, and by the commanding officer of the. first brigade for officers
below the grade of brigadier-general, and for officers in the naval bri-
gade below the rank of captain by the commanding officer of the naval
brigade. The governor may withdraw from active service and com-
mand and place upon the retired list any officer who has been twenty-
five years in. the active service of the National Guard, on the recom-
mendation of the commanding officer of the first brigade or naval
brigade. Vacancies created by the operation of this section shall be
filled in the same manner as other vacancies.

1908, ch. 103, sec. 43.

42. The governor, upon the recommendation of the brigade com-
mander or commander of the naval brigade, may, whenever he may
deem that the good of the service requires it, order any commissioned
officer before a board of examination to consist of not less than three
nor more than five field officers, or three officers in the case of the naval
brigade, which is hereby invested with the power of courts of inquiry
and courts-martial, and such board shall examine into the moral char-
acter, capacity and general fitness for the service of such commissioned
officer, and record and return the testimony taken and a record of its
proceedings and findings. If the findings of such board be unfavorable
to such officer, and be approved by the governor he shall be discharged
from the service. Failure to appear when ordered before a board con-
stituted under this section shall be sufficient ground for a finding by
such board that the officer ordered to appear be discharged.

1908, ch. 103, sec. 44.

43. The governor may, upon the request of the commanding officer
of any organization, approved by the brigade commander or the com-
mander of the naval brigade, detail officers on the retired list for active
duty, in which case they shall rank in their grade from the date of
such detail, and he may relieve them from such duty and return them
to the retired list, at his discretion.

1908, ch. 103, sec. 45.

44. The governor may, upon the recommendation of their com-
manding officers (approved by the brigade commander) or commander
of the naval brigade, confer brevet commissions of a grade next higher
than the ordinary commission held by them upon officers of the national
guard in active service for gallant conduct or meritorious service.
He may also confer upon officers in active service in the National
Guard, who have previously served therein in a higher grade or who
have previously served in the forces of the United States in time of
war, brevet commissions of a grade equal to the highest grade in which