States, are properly cared for and kept in good order, ready for use, and all accounts which may accrue against this State under the provisions of this Section shall, if correct, be certified and approved by the Adjutant General and paid out of the State Treasury as other claims are paid. Any military stores belonging to this State which may become unserviceable, obsolete or unfit for further use may be disposed of in such manner as the Governor or Adjutant General may prescribe by regulations or order; and the Adjutant General is hereby authorized to sell or destroy, as he may see fit, for the best interests of the service, any unserviceable or obsolete or unsuitable military stores belonging to the State, the sums realized from the sale thereof to be turned into the State Treasury, to be credited to any fund appropriated for the use of the active militia of this State, as shall be determined at the time by the Governor or the Adjutant General; or he may, in his discretion, exchange such stores for such other military stores as the interest of the service may require, for the use of the active militia of this State.

Sec. 95.

Repealed by Act 264, 1916, p. 549.

MARKSMANSHIP-RIFLE PRACTICE.

Sec. 96. Be it further enacted, etc., That, in order to encourage marksmanship, the Governor is authorized to offer annually a State decoration or prize to the members of the service who shall excel in rifle practice, all such prizes to be competed for under regulations prepared by the Inspector of Rifle Practice and submitted to the Adjutant General for his approval.

ATTORNEY GENERAL IS LEGAL ADVISER.

Sec. 97. Be it further enacted, etc., That the Attorney General of the State shall be the legal adviser of the Governor, the Adjutant General, the Quartermaster General and the active militia, and to him may be referred all contracts, agreements or other instruments to be drawn or executed in the course of business thereof.

RULES AND ARTICLES-DEFINITIONS.

Sec. 98. Be it further enacted, etc., That the military forces of this State shall be governed by the following rules and articles. The word officer as used therein shall be understood to designate commissioned officers; the word soldier shall be understood to include non-commissioned officers, musicians, artificers, privates and other enlisted men; the word company shall be understood to include troops, batteries, companies, signal corps, hospital corps, band and detachments, and the convictions mentioned therein shall be understood to be convictions by courts martial.

ENLISTMENT IS VOLUNTARY-OATH.

Art. 1. (As amended by Sec. 27, Act 264, 1916, p. 549). Enlistment in the active militia of this State shall be voluntary, and every person who enlists therein shall take and subscribe an oath or affirmation in the following words: "I do hereby acknowledge to have voluntarily enlisted this day of 19, as a soldier in the National Guard of the United States and of the State of Louisiana for the period of three years in active service and three years in the reserve, under the conditions prescribed by law, unless sooner discharged by proper authority. And I do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America and to the State of Louisiana, and that I will serve them honestly and faithfully against all their enemies whomsoever, and that I will obey the orders of the President of the United States and of the Governor of the State of Louisiana and of the officers appointed over me according to law and to rules and Articles of War, So Help Me, God."

DISCHARGE.

Art. 2. (As amended by Sec. 28, Act 264, 1916, p. 549). No enlisted man, duly sworn, shall be discharged from service without a discharge in writing approved by his commanding officer, and by the commanding

officer of the regiment, battalion or corps to which he belongs; and no discharge shall be given to any enlisted man before his term of service has expired, except in compliance with such regulations as the President may prescribe in accordance with laws of the United States, or by order of a court martial.

DESERTERS.

Art. 3. Every deserter from the military service of the United States or from the militia of this State, when called forth by the Governor, or, in time of invasion, insurrection or rebellion, by the President of the United States, shall be deemed to have voluntarily relinquished his right to vote at all elections and he shall not be entitled to participate in elections in this State until he shall have returned the command from which he deserted, made good the time lost in desertion, and served out his original enlistment. Nor shall any man dishonorably discharged from the National Guard of Louisiana or from the United States Army, be permitted to exercise the right of suffrage until reinstated.

CAUSES FOR DROPPING MEMBER FROM ROLLS.

Art. 4. (As amended by Sec. 29, Act 264, 1916, p. 540). An enlisted man who shall remove his residence to such distance from the armory of his organization as to render it impracticable for him to perform his duties properly, or who, after due diligence, cannot be found or who shall be convicted of a felony, may be dropped from the rolls of his company, battery, troop or signal corps by order of the commanding officer of the brigade, battalion, or squadron not part of a regiment. An enlisted man dropped by reason of removal may be taken up, at any time within three years after such removal, in his former or any other organization, in the latter case he must first obtain the written permission of his former commanding officer approved by the officer upon whose order he was dropped. An enlisted man dropped for removal may be taken up at any time after three years after such removal, upon his application, approved by the officer upon whose order he was dropped. The taking up shall be done under the order of any officer who is authorized to order the dropping of men and men thus taken up shall receive credit for the time served before having been dropped.

PENALTY FOR MAKING FALSE RETURNS.

Art. 5. Every officer who knowingly makes a false return to the Adjutant General's department, or to any of his superior officers authorized to call for such returns, of the state of the regiment or company under his command; or of any arms, ammunition, clothing or other stores thereto belonging, shall be punished as a court martial may direct.

PENALTY FOR MAKING FALSE CERTIFICATES.

Art. 6. Every officer who signs a false certificate relating to the absence or pay of any officer or soldier shall be dismissed from the service or suffer such other punishment as a court martial may direct.

PENALTY FOR FALSE MUSTER.

Art. 7. Any officer who knowingly makes a false muster of man or horse, or who signs, or directs, or allows the signing of any muster roll, knowing the same to contain a false muster, shall upon proof thereof, before a court martial, be dismissed from the service, and shall thereby be disabled to hold any office or employment, civil or military, in the service of the State of Louisiana.

PENALTY FOR DAMAGING SUPPLIES.

Art. 8. Any officer who wilfully or through neglect suffers to be lost, damaged or spoiled, any military stores or supplies belonging to the State or to the United States, which have been received for use of the military forces of this State, shall make good the loss or damage and suffer such punishment as a court martial may direct.

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PENALTY FOR DAMAGING MILITARY STORES.

Art. 9. Any soldier who sells or through neglect loses or spoils the arms, uniforms, equipments, accoutrements or any other military stores or supplies issued to him for his use or in his charge shall make good the loss or damage and suffer such punishment as a court martial may direct. PENALTY FOR STRIKING SUPERIOR OFFICER.

Art. 10. Any officer or soldier, who, on any pretense whatsoever, strikes his superior officer, or offers any violence to him, being engaged in the reasonable execution of his official duties, or if any officer or soldier disobeys any lawful command of his superior officer, he shall suffer such punishment as a court martial may direct.

PENALTY FOR MUTINY.

Art. 11. Any officer or soldier who begins, excites, causes or joins in any mutiny or sedition in any regiment company quarters or guard shall suffer such punishment as a court martial may direct.

PENALTY FOR FAILING TO SUPPRESS MUTINY.

Art. 12. Any officer or soldier who, being present at any mutiny or sedition, does not use his utmost endeavor to suppress the same, or having knowledge of any intended mutiny or sedition, does not, without delay give information thereof to his commanding officers, shall suffer such punishment as a court martial may direct.

POWER TO QUELL QUARRELS, ETC.

Art. 13. All officers and non-commissioned officers, of what condition soever, have power to part or quell all quarrels, frays and disorders, whenever among persons belonging to his own or to another regiment or company, and to order officers into arrest, and non-commissioned officers and soldiers into confinement, who take part in the same, until their proper superior officer is acquainted therewith. And whosoever being so ordered refuses to obey such officers or non-commissioned officer, or draws a weapon upon him, shall be punished as a court martial may direct.

ABSENCE WITHOUT LEAVE.

Art. 14. Any soldier who absents himself from his company or guard, without leave from his commanding officer, shall be punished as a court martial may direct.

FAILURE TO REPORT.

Art. 15. Any officer or soldier who fails, except when prevented by sickness or other necessity, to repair, at the fixed time, to the place of parade, exercise or other rendezvous appointed by his commanding officer, or goes from the same without leave from his commanding officer before he is dismissed or relieved. shall be punished as a court martial may direct.

DRUNKENNESS.

Art. 16. Any officer who is found drunk on his guard, party or other duty shall be dismissed from the service. Any soldier who so offends shall suffer such punishment as a court martial may direct.

SENTINEL SLEEPING AT POST.

Art. 17. Any sentinel who is found sleeping upon his post, or who leaves it before he is regularly relieved, shall suffer such punishment as a court martial may direct.

QUITTING GUARD.

Art. 18. Any officer or soldier who quits his guard, without leave from his superior officer, except in case of urgent necessity, shall be punished as a court martial may direct.

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FALSE ALARMS.

Art. 19. Any officer who, by means whatsoever, occasions false alarm in camp, command or quarters, shall suffer such punishment as a court martial may direct.

COWARDICE, ETC.

Art. 20. Any officer or soldier who misbehaves himself before the enemy, runs away or shamefully abandons any place, post guard, which he is commanded to defend, or speaks words inducing others to do the like, or casts away his arms or ammunition, or quits his post or colors to plunder or pillage shall suffer such punishment as a court martial may direct.

DESERTION.

Art. 21. Any officer or soldier who, having been duly enlisted or drafted in the military service of the State, deserts the same, shall suffer such punishment as a court martial may direct.

DESERTERS.

Art. 22. Every soldier who deserts the military service of this State shall be liable to serve for such period as shall, with the time he may have served previous to his desertion, amount to the full term of his enlistment; and such soldier shall be tried by a court martial and punished, although the term of his enlistment may have elapsed previous to his being apprehended and tried.

RESIGNATION OF OFFICERS.

Art. 23. Any officer who, having tendered his resignation, quits his post or proper duties without leave and with intent to remain permanently absent therefrom, prior to due notice of the acceptance of the same, shall be deemed and punished as a deserter.

NO REENLISTMENT WITHOUT DISCHARGE.

Art. 24. No soldier shall enlist himself in any other regiment or company, without a regular discharge from the regiment or company in which he last served, on a penalty of being reputed a deserter and suffering accordingly. And in case any officer shall knowingly receive and entertain such soldier, or shall not, after his being discovered to be a deserter, immediately give notice thereof to the command in which he last served, the said officer shall, by court martial, be dismissed.

CRIMES PUNISHABLE BY COURT MARTIAL.

Art. 25. In time of war, insurrection or rebellion, larceny, robbery, burglary, arson, mayhem, manslaughter, murder, assault and battery with intent to kill, wounding by shooting or stabbing with an intent to commit murder, rape or assault and battery with an intent to commit rape, shall be punishable by the sentence of a general court martial when committed by persons in the military service of this State, and punishment in every case shall not be less than the punishment provided for like offenses by the Penal Code of this State.

CAPITAL CRIMES.

Art. 26. When any officer or soldier is accused of a capital crime, or any offense against the person or property of any citizen of this State, which is punishable by the laws of this State, the commanding officer and the officers of the regiment or company to which the person so accused belongs are required, except in time of war, upon application duly made by or in behalf of the party injured, to use their utmost endeavor to deliver him over to the civil authority and to aid the officers of justice in apprehending and securing him in order to bring him to trial. If, upon application, any officer refuses or wilfully neglects, except in time of war, to deliver over such accused person to the civil authority or to aid the officers of justice in apprehending him, he shall be punished as a court martial may direct.

FRAUDULENT CLAIMS AGAINST STATE, ETC.

Art. 27. Any person in the military service of this State who makes or causes to be made any claim against this State or the United States, or any officer thereof, knowing such claims to be false or fraudulent, or who, having charge, possession, custody, or control of any money or other property of this State or the United States, furnished or intended for the military service of this State, knowingly delivers, or causes to be delivered, to any person having authority to receive the same, any amount thereof, less than that for which he receives a certificate or receipts; or who steals, embezzles, knowingly or wilfully misappropriates, applies to his own use, or benefit or wrongfully or knowingly sells or disposes of any ordnance, arms, equipments, ammunition, clothing, subsistence stores, money or other property of this State or the United States, furnished or intended for the military service of this State; or who, knowingly purchases or receives in pledge for any obligation or indebtedness, from any soldier, officer, or other person who is part of or employed in said forces or service, any ordnance, arms, equipments, ammunitions, clothing, subsistence stores, or other property of this State or of the United States, such soldier or officer, or other person not having lawful right to sell or pledge the same, shall, on conviction thereof, be punished by fine or imprisonment or by such other punishment as a court martial may adjudge; or by any or all of said penalties. And if any person, being guilty of any of the offenses aforesaid, while in the military service of this State receives his discharge, or is dismissed from the service, he shall continue to be liable to be arrested and held for trial and sentence by a court martial, in the same manner and to the same extent as if he had not received such discharge or been dismissed.

DISOBEDIENCE OF ORDERS, ETC.

Art. 28. All crimes not capital, and all disorders and neglects, which officers and soldiers may be guilty of, to the prejudice of good orders and military discipline, though not mentioned in the foregoing articles, are to be taken cognizance of by a general or a regimental, or a summary court martial, according to the nature and degree of the offense, and punished at the discretion of such court.

MEASURE OF PUNISHMENT.

Art. 29. (As amended by Sec. 30, Act 264, 1916, p. 550). Whenever by any of the articles of this section for the government of the military forces of this State, the punishment, on conviction of any military offense, is left to the discretion of the court martial, the punishment therefor shall not be in excess of a limit which may be fixed by the laws of the United States, orders or regulations made in compliance therewith.

OFFICERS AND SOLDIERS GOVERNED BY ARTICLES.

Art. 30. The officers and soldiers of any troop, whether active or reserve militia of this State or otherwise, appointed, enlisted, mustered or drafted into the military forces of this State, shall at all times, and in all places be governed by these articles, and shall be subject to be tried by court martial.

CAMP RETAINERS.

Art. 31. All retainers of the camp and all persons serving with the military forces of this State in the field though not enlisted soldiers, shall be subject to these rules and articles in the same manner as enlisted men. OFFICERS CHARGED WITH CRIME.

Art. 32. Officers charged with crime shall be arrested and confined in their quarters or tents, or other place, and deprived of their side arms by the commanding officer. And any officer who leaves his confinement before he is set at liberty by his commanding officer shall be dismissed from the service, and suffer such other punishment as a court martial may direct. REFUSAL OF PROVOST MARSHAL TO KEEP PRISONERS.

Art. 33. Any provost martial or any officer commanding a guard who