196 LAWS OF MARYLAND.

officer whose grade or promotion would be affected by the deci-
sion of such board in any case that may come before it shall
participate in the examination or decision of the board in such
case. Such board is hereby invested with the powers of courts
of inquiry and courts-martial, and whenever it finds an officer
incapacitated for active service shall report such fact to the
Governor, stating cause of incapacity, whether from disability,
unfitness or incompetence; and if he approves such findings
such officer shall be placed on the retired list or discharged, as
provided for in this section. The members of the board shall,
before entering upon the discharge of their duties, be sworn to
an honest and impartial performance of their duties as mem-
bers of such board. No officer shall be placed upon the retired
list or discharged by the action of such board before having
had a full and fair hearing before the board, if upon due notice
he shall demand it. It shall not be necessary to refer any case
for the action of such board arising under this section, unless
the officer designated to be placed upon the retired list or dis-
charged shall, within twenty days after being notified that he
will be so retired or discharged, serve on the Adjutant General
a notice in writing that he demands a hearing and examina-
tion 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 Brigade below the rank of Captain
by the commanding officer of the Naval Brigade. The Gov-
ernor may withdraw from active service and command 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 sec-
tion shall be filled in the same manner as other vacancies.

SEC. 43. The Governor, upon the recommendation of the Bri-
gade Commander 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 character, 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 unfav-
orable to such officer, and be approved by the Governor, he shall
be discharged from the service. Failure to appear when or-