ALBERT C. RITCHIE, GOVERNOR. 1117

the War Department; provided that this Act shall not apply
to any person hereafter appointed an officer, unless he shall
have successfully passed such tests as to his physical, moral
and professional fitness as the Governor shall prescribe. The
examination to determine such qualifications for commission
shall be conducted by a board of three commissioned officers
appointed by the Governor from the Regular Army or the Na-
tional Guard or both.

1U. A commissioned officer shall not be removed from office
without his consent, except as provided in this Act or by regu-
lations of the War Department; provided that at any time the
moral character, capacity and general fitness for the service of
any commissioned officer may be determined by an efficiency
board of three commissioned officers, senior in rank to the offi-
cer whose fitness for service shall be under investigation, and
if the findings of such board be unfavorable to such officer and
be approved by the official authorized to appoint such a board,
he shall be discharged. Commissions of officers may be vacated
upon resignation, absence without leave for three months, upon
the recommendation of an efficiency board or pursuant to sen-
tence of a court-martial.

20. A commissioned officer tendering his resignation, if ac-
cepted by the Governor, shall receive an honorable discharge,
provided he shall not be under arrest or returned to a military
court for any deficiency or delinquency; and provided further,
he be not indebted to the State in any manner, and that his ac-
counts for money or for public property be correct. If the
Governor accept the resignation of an officer who at the time
shall be under arrest, under charges or returned to a military
court for any offense, deficiency or delinquency, such officer shall
then cease to be an officer and shall receive a discharge in such
form as the Governor shall direct; nor shall he be again eligible
to receive a commission unless he first re-enlist and until he
shall have performed at least 60 per cent, of duty in each year
under such enlistment for two successive years.

21. 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 organized
militia of this State as provided in this Act and the National
Defense Act and regulations made in pursuance thereof.