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of the winners, together with such suggestions as they may see fit.

SEC. 30. A new section is hereby added to the Political Code of California, to be known as section two thousand and nine thereof, to read as follows:

corps,

2009. 1. The medical department of the National Guard Sanitary of California is hereby organized into a sanitary corps, corniza which shall consist of one surgeon-general, with the rank of tion of. colonel, who shall be the executive head of the corps, and such number of commissioned officers, non-commissioned officers, and privates as may be required to furnish an efficient service. for the organized strength of the National Guard.

2. The commissioned strength of the sanitary corps shall be determined by the organization of the National Guard, to wit: To each organized division, one chief surgeon, with the rank of colonel; to each organized brigade, one chief surgeon, with the rank of lieutenant-colonel; to each organized regiment, one surgeon, with the rank of major; and a surgeon, with the rank of captain, for each battalion.

3. The appointment of the commissioned officers of the sanitary corps shall be made by the commander-in-chief, upon the recommendation of the division, brigade, regimental, or battalion commanders.

4. The commander-in-chief is hereby authorized to transfer enlisted men of the National Guard to the sanitary corps, or cause to be enlisted for the same as many hospital sergeants, hospital corporals, and privates as the service may require, who may be mounted, and permanently attached to the sanitary corps, under such regulations as the commander-in-chief may prescribe.

5. No person shall receive the appointment of surgeon unless he is a licensed graduate of a medical school, and unless he shall have been examined and approved by a medical board, consisting of not less than three surgeons, designated by the commander-in-chief, upon the recommendation of the surgeon

general.

6. No person shall be transferred to or enlisted into the sanitary corps unless he shall have passed a satisfactory examination, as to his qualifications, before a board of medical officers, to be appointed by the commander-in-chief, upon the recommendation of the surgeon-general.

7. Assignments of commissioned and non-commissioned officers and privates of the sanitary corps shall be made, and their duties prescribed by the commander-in-chief, upon the recommendation of the surgeon-general.

8. Privates of the sanitary corps shall do duty as cooks. nurses, and attendants in hospitals, and as stretcher-bearers and ambulance-drivers and attendants in the field, and such other duties as may be required of them by proper authority.

9. The pay and emoluments of members of the sanitary corps shall be the same as provided by law for the pay of troops of the National Guard; they shall be subject to detail by the surgeon-general.

Parades.

Annual

encampments.

Allow

ances while in camp.

Courtsmartial.

10. The sanitary corps shall be equipped and uniformed the same as the same department in the United States army. The funds to be expended by this department shall be expended by the authority of the commander-in-chief, upon the recommendation of the surgeon-general.

SEC. 31. Section two thousand and eighteen of the Political Code of California is hereby amended to read as follows: 2018. The National Guard of California must parade in each year as follows:

1. On the fourth of July;

2. For target practice at such times as may be designated by the commander-in-chief, and at least once in each year;

3. These parades shall be made by brigade, regiment, battalion, or company, as may be deemed most advisable by the commander-in-chief, who shall issue orders to the National Guard to carry out the provisions of this section.

SEC. 32. Section two thousand and twenty-two of the Political Code of California is hereby amended to read as follows:

2022. The commander-in-chief may annually order an encampment for discipline and drill, either by division, brigade, regiment, battalion, or unattached company, and all troops assembled and encamped, under orders of the commander-in-chief, for not less than seven days, shall receive a sum equal to one dollar and twenty-five cents per day for each officer and man regularly on duty in such camp; provided, that the aggregate for each company of such last-mentioned allowance of one dollar and twenty-five cents per day shall not exceed the sum of four hundred dollars per company; all officers and men shall receive, in addition to the above allowance, the actual fare to and from the place of encampment; and provided further, that when the division or a brigade is regularly assembled and encamped for discipline and drill for not less than seven days, then, in addition to the above allowance, the major-general, brigadier-general, the members of the staff of the commander-in-chief, and each staff officer on the general staff, shall receive from the State the sum of one dollar and twenty-five cents per day while regularly on duty in such camp; and provided further, that in any camp held in pursuance of orders from the commander-in-chief, all mounted officers and enlisted men shall receive the sum of two dollars per day for each horse necessarily used by them at such encampment; and provided further, that by all officers and enlisted men of companies of the naval battalion such services may be performed afloat. Aforesaid allowances shall be paid only when appropriations are made sufficient for that purpose. SEC. 33. Section two thousand and seventy-six of the Political Code of California is hereby amended to read as follows: 2076. The following officers may appoint courts-martial: 1. The commander-in-chief, for the trial of general officers, retired officers, and all officers of the staff of the commanderin-chief;

2. The major-general, for the trial of all staff officers of the

division and brigades, and of field officers of regiments and battalions;

3. The brigadier-general, for the trial of officers and soldiers in their respective brigades;

4. The commanding officers of regiments and unattached battalions, for the trial of all enlisted men in their respective commands. For the trial of enlisted men of regiments or battalions, the commanding officer thereof may, at any time, appoint a summary court-martial, to consist of one officer whose rank is not below that of captain. For the trial of enlisted men of unattached companies, troops, or batteries, the brigade commander may, at any time, appoint a summary court-martial, to consist of a first lieutenant of such company, troop, or battery;

5. The officer appointing said court shall fix the day on which it shall convene, and when convened the court may adjourn from time to time, as shall become necessary for the transaction of business; but the whole session of the court, from the day on which it shall convene until its dissolution, shall not exceed forty-five days, and in case any vacancy shall happen in the court, or a new court shall be required, the officer ordering the court, or his successor in command, may fill such vacancy, or order a new court;

martial.

6. The officer constituting such court shall, before he enters Oath, on his duties as such, take the following oath: "I, do courtsswear (or affirm) that I will well and truly try and determine, according to evidence, all matters between the people of the State of California and any person or persons who may come before the summary court-martial to which I have been appointed." And such oath shall be taken by him before a Justice of the Peace of the county in which he resides, or a field officer, and it shall be the duty of such Justice of the Peace or field officer to administer the oath without fee or reward;

or

7. Such court may direct a non-commissioned officer, other fit person or persons, to be by him designated, to summon all delinquents and parties accused to appear before the court, at a time and place to be by him appointed. Service shall be: (1) Personal; or (2) If personal service be impossible, by leaving such summons at the residence of the accused or delinquent; (3) If service cannot be effected in either of the ways above mentioned, then by depositing in a United States post office, postage paid, said summons addressed to last known place of residence;

8. Such non-commissioned officer, or other person or persons so designated, shall make a verified return of the service made; 9. The court shall be conducted in the same manner as summary courts-martial are in the service of the United States, and shall have the trial of all offenses, delinquencies, and deficiencies that occur in the regiment or battalion for which it shall have been appointed, and also of any that occur in the separate companies, troops, or batteries; and the said court. shall have power to impose and direct to be levied all the fines or penalties to which enlisted men are declared to be subject by the provisions of this chapter;

Powers.

Sentence.

10. The proceedings and sentence of any such court shall, without delay, be delivered to the officer ordering the court, who shall approve or disapprove the same within thirty days thereafter, and shall give notice of his approval or disapproval to the president thereof; and from the sentence of any such court imposing a fine or penalty for any offense, delinquency, or deficiency, an appeal, if made within twenty days after the fine or penalty was made known to the person fined, shall be allowed to the officer ordering the court, or to his successor in command, and he may remit or mitigate such penalty or fine. SEC. 34. Section two thousand and eighty-four of the Political Code of California is hereby amended to read as follows: 2084. Every Sheriff and Constable must serve all orders, must serve subpoenas, or process delivered to him for that purpose by any member of a court-martial or court of inquiry, and shall receive for such service the same fees, in the same manner, and account for the same, as provided by law in criminal cases.

Sheriff

process,

etc.

Allow

ances for maintenance of armories, etc.

SEC. 35. Section two thousand and ninety-four of the Political Code of California is hereby amended to read as follows:

2094. There must be audited and allowed by the board of military auditors, and paid out of the appropriation for military purposes, upon the warrant of the State Controller, to the commanding officer of each infantry or artillery company of the National Guard, the sum of one hundred dollars per month; to the commanding officer of each light battery having not less than four guns, with which they regularly drill and parade, and to the commanding officer of each troop of cavalry, the sum of two hundred dollars per month; and to the commanding officer of each division of the naval battalion, the sum of one hundred dollars per month; the sum so paid to be used for armory rent, care of arms, and proper incidental expenses of the company. There must also be audited, allowed, and paid, out of the same appropriations, to the commanding officer of each regiment or battalion, the sum of six dollars per month for each company in his command, for clerical expenses, stationery, printing, and postage; and if the regiment or battalion has more than four companies, and has attached to it an organized and uniformed band of not less than twenty people, the additional sum of thirty-five dollars per month for such band; to the major-general, six hundred dollars per annum; to the brigadier-general of each brigade, five dollars per month for each company in his brigade, and to each company, a sum necessary for uniforms, and to keep the same in repair, not to exceed one hundred and fifty dollars per annum; and to the adjutant-general, four thousand dollars per annum, to be expended by him in promoting rifle practice. There shall also be paid, from the military appropriations of the State, a sum not exceeding five hundred dollars for the first year of its existence, to the brigadier-general for a hospital and ambulance corps in their respective brigades, which sum shall be expended in the purchasing of proper supplies, equipments, and medicines for such corps, and thereafter to such corps there shall be paid

a sum, for the same purpose, of not exceeding five hundred dollars per annum.

SEC. 36. Section two thousand and ninety-nine of the Political Code of California is hereby amended to read as follows:

allowance

2099. The annual sum of two hundred and fifty dollars Annual must be audited by the board, and paid out of the appro- to each priation for military purposes, to each company of the National company. Guard of fifty members or over, and an amount in proportion to every company of less than fifty members. The amount so audited and allowed must be paid to the commanding officers. of such companies for the use thereof.

SEC. 37. Section twenty-one hundred and one of the Polit- Repealed. ical Code of California is hereby repealed.

corps.

SEC. 38. Section twenty-one hundred and five of the Political Code of California is hereby amended to read as follows: 2105. There must be audited and allowed by the board Allowance of military auditors, and paid out of the appropriations for for signal military purposes, to the commanding officer of each signal corps in the National Guard, the sum of three dollars per month for each member of said corps, the sum so paid to be used for armory rents, care of arms, and proper incidental expenses of the signal corps; provided, that no allowance shall be made for more than forty men to any one signal corps. Demand shall be made and presented in the same manner as for the expenses of a company.

SEC. 39. This Act shall take effect immediately.

CHAPTER CCLXII.

An Act to amend an Act entitled "An Act to provide for the classification of municipal corporations," approved March 2, 1883.

[Approved April 1, 1897.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section one of an Act entitled "An Act to provide for the classification of municipal corporations," approved March second, eighteen hundred and eighty-three, is hereby amended so as to read as follows:

tions, tion of.

Section 1. All municipal corporations within the State are Municipal hereby classified as follows: Those having a population of more corporathan two hundred thousand shall constitute the first class; classificathose having a population of more than thirty thousand, and not exceeding two hundred thousand, shall constitute the second class; those having a population of more than fifteen thousand, and not exceeding thirty thousand, shall constitute the third class; those having a population of more than ten thousand, and not exceeding fifteen thousand, shall constitute the fourth

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