ART. 18. ] MILITIA.

that may be prescribed by him, perform the duties that properly
belong to their several offices, or such other duties as may be as-
signed to them by the commander-in-chief, but they shall receive no
compensation therefor, except when on actual service, by command
of the commander-in-chief, and mustered in with the troops.

191

9. All field officers of regiments and battalions shall be elected
by the ballots of the commissioned officers of the companies com-
posing said regiments or battalions; all generals of brigades or divi-
sions shall be elected by the ballots of the commanding officers of
the regiments and battalions comprising said brigades or divisions;
company officers shall be elected by the ballots of the members of

Id s 9.
Election of
officers

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

Proviso.

appointed by the commanding officer of the respective division,
brigade, regiment, battalion, or squadron, non-commissioned officers
of companies shall be appointed by the commanders of their re-

Appointments

spective companies; and warrants of non-commissioned officers shall
be issued by their respective regimental or battalion commanders

Warrants

10. All commissioned officers of the militia shall be commis-
sioned by the governor, who may, in his discretion, withhold such
commission, 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 hereinafter pro-
vided, an elected or appointed officer shall be adjudged unqualified
by a majority of said board, then another officer shall, within ten
days, 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 provided for. by this article, and, in default of such
election or appointment, the vacancy shall be filled by the com-
mander-in-chief.

Id s 10
Commissioned
officers
Power of
governor

11. Every organized company of volunteer militia may, by a
vote of a majority of its officers, adopt by-laws, which, when ap-
proved by the commanding officer of the regiment, battalion, squad-
ron, or batter3', 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 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

Id s. 11.
By-Laws of
volunteer com-
panies.

commander-in-chief; and whenever any fine or penalty for absence
from drill, neglect of duty, or other cause, shall be imposed by virtue
of such by-laws, 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 statement certified by the commanding
officer thereof, showing how, when, and for what amount said fine
or penalty was assessed.

Fines and penal-
ties, how col-
lected.

12. The commander-in-chief shall prescribe such rules, orders,
and regulations for the distribution of arms, accoutrements, and

Id s 12
Rules for dis-
tribution of
arms, etc.