EMERSON C. HARRINGTON, GOVERNOR. 647

for the good of the service, after giving him ten days' notice
of. such application and an opportunity to be heard in defence
of his conduct; but if an enlisted man has been absent without
leave for three months, and his whereabouts unknown so that
notice cannot be served on him, he may be discharged without
honor upon request of his commanding officer without notice.

The discharge mentioned above shall be granted by order of
the Commander-in-Chief, except that caused by expiration of
enlistment; this discharge shall be granted by the commanding
officer of the regiment, in case of signal corps, troop, battery,
division or separate company by the commanding officer of the
brigade. Enlisted men may be dishonorably discharged pur-
suant to the sentence of a general court-martial. This section
shall be construed to apply to the Naval Brigade also.

Section XLVIII. Any enlisted man of the National Guard
who has attained the age of sixty-four years may be placed
upon the retired list by the Governor. Any enlisted man who
shall have served in the National Guard of the State for fifteen
years continuously may, upon his own request, be placed upon
the retired list and withdrawn from active service by the Gov-
ernor. Such retired enlisted men shall be available for active
service at any time, at the 'discretion of the Governor and Com-
mander-in-Chief, but such retired enlisted men shall not be
entitled to have any uniform or equipment belonging to the
State or United States, except when on active duty.

Section XLIX. For all purposes under this Act officers and
enlisted men of the active militia who entered the United States
service in the Spanish-American War shall, on entering the
active militia, be entitled to credit for time served in the forces
in the United States in that war as if his service had been ren-
dered in the active militia.

Section L. That an enlisted reserve corps of the National
Guard shall be organized in this State to consist of honorably
discharged enlisted men of the Army, Navy, Marine Corps of
the United States and honorably discharged enlisted men of
the National Guard of the several States, Territories, and the
District of Columbia who have served with record "good" or
better for a period equal to one full enlistment, and civilians
of foreign birth who have had experience in actual wars and
been honorably discharged from service in their respective
armies. Such reserve shall in time of peace not exceed in
numbers the difference between the number of enlisted men of