MILITIA 2585

an officer, unless he shall have successfully passed such tests as to his
physical, moral and professional fitness as the Governor shall prescribe.
The examination to determine such qualifications for commission shall be
conducted by a board of three commissioned officers appointed by the
Governor from the Regular Army or the National Guard or both.

An. Code, 1924, sec. 21. 1922, ch. 490, sec. 19.

22. A commissioned officer shall not be removed from office without
his consent, except as provided in this Article or by regulations of the
War Department; provided that at any time the moral character, capacity
and general fitness for the service of any commissioned officer may be
determined by an efficiency board of three commissioned officers, senior
in rank to the officer whose fitness for service shall be under investigation,
and if the findings of such board be unfavorable to such officer and be
approved by the official authorized to appoint such a board, he shall be
discharged. Commissions of officers may be vacated upon resignation,
absence without leave for three months, upon the recommendation of an
efficiency board or pursuant to sentence of a court-martial.

An. Code, 1924, sec. 22. 1922, ch. 490, sec. 20.

23. A commissioned officer tendering his resignation, if accepted by
the Governor, shall receive an honorable discharge, provided he shall not
be under arrest or returned to a military court for any deficiency or delin-
quency ; and provided further, he be not indebted to the State in any man-
ner, and that his accounts for money or for public property be correct.
If the Governor accept the resignation of an officer who at the time shall
be under arrest, under charges or returned to a military court for any
offense, deficiency or delinquency, such officer shall then cease to be an
officer and shall receive a discharge in such form as the Governor shall
direct; nor shall he be again eligible to receive a commission unless he
first re-enlist and until he shall have performed at least 60 per cent, of
duty in each year under such enlistment for two successive years.

An. Code, 1924, sec. 23. 1922, ch. 490, sec. 21.

24. Any man who is a citizen of the United States, or has declared
his intention to become a citizen, if more than eighteen and not over forty-
five years of age, able-bodied, of good character and temperate habits, may
be enlisted in the organized militia of this State as provided in this Article
and the National Defense Act and regulations made in pursuance thereof.

No man above the age of forty-five shall be re-enlisted, except by per-
mission of the Governor, and upon the recommendation of his immediate
commanding officer.

It shall be unlawful for any person to misstate his age for the purpose
of securing enlistment in the organized militia of this State. It shall be
unlawful for any person to enlist in two military organizations at the same
time. Any person violating provisions of this section shall be guilty of
fraudulent enlistment.

An. Code, 1924, sec. 24. 1922, ch. 490, see. 22.

25. Men enlisting in the organized militia shall take and subscribe to
the following oath of enlistment:

"I do hereby acknowledge to have voluntarily enlisted this..........

day of................. 19..., as a soldier in the National Guard of