ACT. 65. ] MILITIA. 197

dered before a board constituted under this section shall be
sufficient ground for a finding by such board that the. officer
ordered to appear be discharged.

SEC. 44. The Governor may, upon the request of the command-
ing officer of any organization, approved by the Brigade Com-
mander or the Commander 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.

SEC. 45. The Governor may, upon the recommendation of their
commanding 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 pre-
viously served in the forces of the United States in time of war,
brevet commissions of a grade equal to the highest grade in
which they previously served. Such commissions shall carry
with them only such privileges or rights as are allowed in like
cases in the military and naval service of the United States.

SEC. 46. An officer who shall have been absent without leave
for a period of six months or more shall be dismissed by the
Governor upon the recommendation of his commanding officer.

SEC. 47. A commissioned officer shall not be removed from
office without his consent, except by the sentence of a general
court-martial or as provided in this article.

SEC. 48. 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 char-
acter and temperate habits, may be enlisted in the National
Guard of this State, under the restrictions of this article, for a
term of not less than three years, except that men may be
enlisted as musicians if more than sixteen years of age. No
minor shall be enlisted without the written consent of his
parent or guardian, if one exists. No man who has been ex-
pelled or dishonorably discharged from any military organiza-
tion of the State or United States shall be eligible for enlist-
ment or re-enlistment unless he produces the written consent to
such enlistment of the commanding officer of the organiza-
tion from which he was expelled or dishonorably discharged,
and of the commanding officer who approved such expulsion or
issued such dishonorable discharge. Men who have been dis-