[The provisions heretofore comprising this title consisted of six chapters, embracing §§ 1895-2117. The entire title was sought to be reformed by the last legislature, which, by two acts of March 18, 1905 (Stats. and Amdts. pp. 258-294), especially repealed chapters I and II of this title, and enacted new chapters I and II in the place and stead thereof; but neglected to make any mention of chapters III, IV, V, and VI, although chapter II, as re-enacted, covers the whole ground and regulates the matters contained in those chapters. There is no repealing clause in either act, and their titles confine the repeal and re-enactments to chapters I and II, respectively. The evident design of the legislature being to reform and re-enact the whole title, chapters III, IV, V, and VI are thought to be repealed by implication, and are for that reason omitted.] [Section 1. Chapter I of title IV of the Political Code of California is hereby repealed and there is hereby substituted to take the place thereof in such code a new chapter I to read as follows: Sec. 2. The provisions of this chapter shall be in force and effect from and after its passage and approval.-Act March 18, 1905, Stats. and Amdts. 1905, pp. 285-294.] § 1916. Commission of officers called into active service. § 1917. Proclamation of state of insurrection. § 1918. Occasions when the articles of war of the United States are to be in force. § 1919. Laws, rules, and regulations of the United States army; how far applicable generally. § 1920. § 1921. Armed force to obey orders of whom. § 1922. Relief from civil or criminal liability. $1923. The adjutant-general and assistants. § 1924. Official bond [of the adjutant-general]. 1895. WHO ARE SUBJECT TO MILITARY DUTY. Every able-bodied male citizen of this state, except Mongolians and Indians, between the ages of eighteen and forty-five years, not exempt by law, is subject to military duty. But no alien is obliged to serve or bear arms against the state to which his allegiance is due. History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 285; in effect immediately. As to prohibiting quartering of soldiers on citizens in time of peace, see Const. 1879 art. I § 12; HENNING'S GENERAL LAWS p. lxvi. As to prohibition of standing army in time of peace, see Const. 1879 art. I § 12: HENNING'S GENERAL LAWS p. lxvi. As to supremacy of civil power over the military, see Const. 1879 art. I §12; HENNING'S GENERAL LAWS p. lxvi. § 1896. WHO ARE EXEMPT FROM MILITARY DUTY. The following persons are exempt from military duty and enrolment: 1. Ministers of religion. 2. Civil and military officers of the United States. 3. Officers of foreign governments. 4. Civil officers of the state of California. 5. Members of any regularly organized fire or police department in any city, city and county, village or town. 6. All persons exempted from military duty by the laws of the United States. History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 285; in effect immediately. As to duty of commander of company to give list of exempts to assessor, see post $1937. $1897. ASSESSOR TO ENROLL PERSONS SUBJECT TO MILITARY DUTY. The county assessor of each county in this state must, at the same time in each year when he prepares a roll containing the taxable inhabitants of his district or county, enroll all the inhabitants thereof subject to military duty, two copies of which roll must be sworn to by him, and delivered to the clerk of the board of supervisors at the same time he delivers the assessment-roll. In the city and county of San Francisco the tax-collector must perform the duties by this section imposed upon assessors. History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 285; § 1898. PENALTY FOR DERELICTION AS TO ENROLMENT. If any assessor, or the tax-collector of the city and county of San Francisco, neglects or refuses to perform any of the duties required of him by this chapter, he is subject to the same liabilities as are provided by law for a neglect or refusal to perform any of the duties required of him in the assessment of taxes, and, in addition, forfeits not less than three hundred, nor more than one thousand, dollars, to be sued for in the name of the people of the state, by the district attorney for the respective counties and when recovered to be paid into the military fund of the state. If the clerk of the board of equalization neglects or refuses to deliver to the brigadier-general of the brigade to which his county belongs a copy of the military assessment-roll, as directed in this chapter, he forfeits not less than three hundred, nor more than five hundred dollars, to be sued for, recovered, and disposed of in the same manner. History: Enacted March 18, 1905, Stats. and Amdts 1905, pp. 285-286; In effect immediately. § 1899. BOARD OF EQUALIZATION TO CORRECT THE ROLL. The board of equalization must correct the roll at the same time and in the same manner as is prescribed by law for the correction of the assessment-roll. History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 286; In effect immediately. § 1900. DUPLICATE COPY FORWARDED TO BRIGADIER-GENERAL. The clerk of the board of supervisors must deliver to the brigadier-general of the brigade to which his county belongs a copy of such roll, certified by him, §§ 1901-1904 (464) MUSTER-ROLL, HOW MADE-SPECIAL ENROLMENT. [Pt. III. within ten days after the board of equalization have completed their corrections. History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 286; in effect immediately. § 1901. COMPENSATION OF ASSESSORS. The compensation of assessors for making out the military roll must be determined by the board of supervisors of the several counties, at the rate of five dollars for each one hundred names of persons returned by the assessor as subject to military duty. History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 286; In effect immediately. § 1902. MUSTER-ROLL TO BE MADE BY BRIGADIER-GENERAL. Each brigadier-general must, on the first Monday in October of each year, make from the rolls received by him a muster-roll, showing the number of persons within the limits of his command subject to military duty, the original of which, signed by him, must be filed in his office, and a copy thereof transmitted at once to the adjutant-general. History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 286; § 1903. SPECIAL ENROLMENT. Whenever the governor shall deem it necessary, he may order an enrolment, to be made by officers designated by him of all persons liable to serve in the militia. Such enrolment shall state the name, residence, age, and occupation of the persons enrolled, and their previous or existing military or naval service. Two copies shall be made thereof, one shall be filed in the office of the clerk of the county or city and county in which the enrolment is made, and the original in the office of the adjutant-general. If the commander-in-chief so directs, such enrolment shall show separately all the seafaring men of whatever calling or occupation, all men engaged in the navigation of the rivers, lakes, and other waters of the state, or in the construction and management of ships and crafts, together with ship-owners and their employees, yacht-owners, members of yacht clubs, and all other associations for aquatic pursuits. History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 286; § 1904. NOTICE OF ENROLMENT. EXEMPTION CLAIMS. The officer making the enrolment provided in preceding section, shall at the time of making the same, serve a notice of such enrolment upon each person enrolled, by delivering such notice to him or leaving it with some person of suitable age and discretion, at his place of residence if known, if not known, then by mailing such notice to his last known place of residence. The return of the enrolling officer filed with the original roll showing such mailing of such notice shall be prima facie evidence of service. All persons claiming exemption must within fifteen days after receiving such notice, make a written statement of such exemption in duplicate, each verified by affidavit and file the same in the office of the county clerk, who shall retain one and forward the other to the adjutant-general within five days after receiving the same. Such affidavit shall be made before any officer authorized to administer oaths, including commissioned officers of the national guard, for which such officer shall make no charge. Such clerk shall thereupon submit a list of those he considers exempt according to law to the adjutant-general for his approval and if approved shall mark the word exempt opposite their names; and the remainder of all thus enrolled, not thus found to be exempt shall constitute the militia of the state. The commanding officer of each organization in the national guard and the heads of the fire or police department in each city, town, city and county, or county shall, whenever an enrolment is ordered, file in the office of such county clerk a certified list of the names of all persons in his command or department. All blank forms required by this section shall be furnished by the adjutant-general. History: Enacted March 18, 1905, Stats. and Amdts. 1905, pp. 286-287; §1905. EXAMINATION OF ASSESSMENT-ROLLS AND POLL-LISTS. All civil officers in each city, city and county, county or town in this state shall allow persons appointed to make such enrolment, at all proper times, to examine their records and take copies thereof. All persons shall, upon the application of any person making such enrolment, give the name of and all other proper information concerning any person within their knowledge liable to be enrolled, under a penalty of ten dollars for every concealment or false information, or refusal to give the information requested, to be recovered in the name of the people in any court, with costs. History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 287; § 1906. DESIGNATION AND CLASSIFICATION OF THE MILITIA. The militia of the state shall be divided into two classes: 1. The active and 2. The reserve militia. The active militia shall consist of the organized and uniformed military forces of the state, which shall be known as national guard of California; the reserve militia shall consist of all those liable to serve in the militia, but not serving in the national guard of California. History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 287; As to provision for independent and unattached companies, see act March 8, 1901 (Stats. 1901 p. 110); HENNING'S GENERAL LAWS p. 997. § 1907. COMMANDER-IN-CHIEF. The governor of the state, by virtue of his office, shall be the commander-in-chief of the militia of the state of California, except of such portions as may at times be in the service of the United States. History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 287; As to governor as commander-in-chief, see Const. 1879 art. V 5; HENNING'S GENERAL LAWS p. lxxvi. As to governor continuing as commander in-chief while out of the state in time of war, at head of military force, see Const. 1879 art. V 16; HENNING'S GENERAL LAWS p. lxxvii. § 1908. STAFF OF COMMANDER-IN-CHIEF. The staff of the commander-in-chief shall consist of one adjutant-general with the rank of brigadier-general, one assistant adjutant-general, one chief engineer, one judgeadvocate-general, one assistant inspector-general (who shall be the officer Pol. C.-30 § 1909-1912 (466) CALLING OUT MILITIA-DRAFT AND RENDEZvous. [Pt. III. regularly detailed on duty with the national guard of California by the secretary of war), one surgeon-general, each with the rank of colonel; one aide-decamp with the rank of commander, additional aides-de-camp with the rank of lieutenant-colonel, appointed by and holding office at the pleasure of the commander-in-chief, or until their successors are appointed and qualified. History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 288; In effect immediately. § 1909. MILITIA, WHEN AND BY WHOM IT MAY BE CALLED INTO ACTIVE SERVICE. In case of war, insurrection, rebellion, invasion, tumult, riot, or imminent danger thereof, or resistance to the laws of this state or the United States; or upon call or requisition of the president of the United States; or upon call of any officer of the United States army commanding a division, department, or district in California, or any United States marshal in California; or upon call of the chief executive officer of any city or city and county or of any justice of the supreme court or judge of the superior court or of any sheriff setting forth that there is an unlawful or riotous assembly with intent to commit a felony, or to offer violence to person or property, or to resist the laws of the state or United States; or upon call of the sheriff setting forth that the civil power of the county is not sufficient to enable him to execute process delivered to him, the commander-in-chief is authorized to call into active. service such portion of the national guard as may be necessary and if the number available be insufficient he may call into active service such portion of the reserve militia as may be necessary. As to History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 288; in effect immediately. expenses arising out of mustering the national guard into the United States volunteer service, see Stats. 1899 p. 80; HENNING'S GENERAL LAWS p. 995. As to power of governor to call out the militia, see Const. 1879 art. VIII §1; HENNING'S GENERAL LAWS p. lxxxvi. As to resistance to execution of laws, see KERR'S CYC. PEN. CODE §§ 725, 728-733. § 1910. DRAFTS OR VOLUNTEERS FROM MILITIA. Whenever it shall be necessary to call out any portion of the reserve militia for active duty, the commander-in-chief shall designate a certain officer or officers for each county or city and county in the state who shall forthwith proceed to draft, by lot, as many of the reserve militia in each county or city and county, or accept as many volunteers as are required by the commander-in-chief, and shall forthwith forward to the adjutant-general a list of the persons so drafted or accepted as volunteers. History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 288; in effect immediately. § 1911. PERSONS DRAFTED TO RENDEZVOUS. The persons drafted must be summoned by the drafting officer in the manner prescribed by law for the summoning of witnesses in civil cases, the time and place of rendezvous being stated in the summons. History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 288; in effect immediately. § 1912. REFUSING TO RENDEZVOUS, PENALTY FOR. Every mem ber of the militia ordered out, or who volunteers or is drafted under the provisions of this article, who does not appear at the time and place designated |