ACT. 65. ] MILITIA. 193

into the military, moral and general capacity, qualifications
and efficiency of any officer who has been commissioned, or
who may be elected or nominated for commission in the Na-
tional Guard; and said board shall have the same power to
take evidence, administer oaths and compel witnesses to attend
and testify and produce books and papers, and punish those
failing to do so, as is possessed by a general court-martial.
The said board shall convene at headquarters of the Brigade at
least four times in each year if there are any candidates to be
examined, said sessions to be held in the months of January,
April, July and October, and at such other times and places as
the convening authority shall direct; and for the Naval Brigade
at such times and places as the Commander-in-Chief may direct.
At least two weeks' notice of date of sitting will be given all
officers ordered to appear for examination. Within twenty
days after each examination said board shall make a detailed
report of its results to the Commander-in-Chief, who shall
thereupon revoke the commissions of all officers who have been
previously commissioned on probation failing to appear, and of
those failing to pass an examination satisfactory to said board;
provided, that he may allow an examination to any officer who
shall give him a satisfactory excuse for not appearing before
said board when first ordered, and on recommendation of said
board may allow a second examination to any officer failing to
pass an examination satisfactory to said board. The boards so
appointed shall be named for a specific term of service.

SEC. 36. All staff officers shall be commissioned by the Gov-
ernor upon the recommendation of their immediate commanding
officers. When the Governor desires to create new organiza-
tions he shall have power in the first instance to appoint all the
officers necessary to commence and complete such organiza-
tion.

SEC. 37. Officers of the line of the Brigade shall be elected as
follows: The Brigadier General by the ballots of the Field Offi-
cers of the Brigade; Colonels and Lieutenant Colonels by the bal-
lots of the other Field Officers and the Company Officers by their
respective regiments; Majors by the ballots of the Company
Officers of their respective regiments; Captains and Lieuten-
ants of companies, the troop of cavalry, the battery of artillery
and the Signal Corps by the ballots of the enlisted men in said
respective organizations. The Captain, Commander and Lieu-
tenant Commander of the Naval Brigade shall be elected by the
ballots of all other line officers of the Naval Brigade. The divi-
sion officers of the Naval Brigade shall be elected by the ballots
of the enlisted men of their respective divisions.