EMERSON C. HARRINGTON, GOVERNOR. 641

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 unfavorable to such officer,
and be approved by the Governor, he shall be discharged from
the service. Failure to appear when ordered before a board
constituted under this section shall be sufficient ground for a
finding by such board that the officer ordered to appear be dis-
charged.

Section XXXV. There shall be a retired list exclusively
restricted to retirement of officers on the active list of the au-
thorized organized militia and none other, to be known and
designated as the "Maryland National Guard Retired, " and
the officers place thereon as herein provided shall be authorized
to wear their uniforms and equipments upon all military occa-
sions and occasions of ceremony. Retired officers upon said list
shall be amenable to court-martial for military offences to the
same extent as officers on the active list of the Maryland Na-
tional Guard. Any officer of the National Guard who has
reached the age of sixty-four years shall be placed upon the
retired list by the Governor. Any commissioned officer who
shall have served in the military service of the State for fifteen
years may upon his own request be placed upon the retired
list and withdrawn from active service and command by the
Governor. Any commissioned officer who shall have served in
the military service of the State for ten years and who because
of change of residence has become incapable of performing the
duties of his office, may be placed upon the retired list. Any
commissioned officer who has become or shall hereafter become
disabled and thereby incapable of performing the duties of his
office shall be withdrawn from active service and command
and placed on the retired list. Any commissioned officer who
has become or shall hereafter become unfit or incompetent and
thereby incapable of performing the duties of his office shall be
discharged upon the recommendation of his commanding officer,
or upon the recommendation of an inspecting officer. Such re-
tirement or discharge shall be by order of the Governor, and in
either case shall be subject to provisions of this section. Before
making such order a board of not less than three commissioned,
officers, one of whom shall be a surgeon, shall be appointed,
whose duty it shall be to determine the facts as to the nature
and cause of incapacity of such officer as appears disabled or
unfit or incompetent from any cause to perform military serv-
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