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purchase of camp equipage, and of subsistence, when the latter may needed in periods of company instruction and encampment, and the hiring of transportation and music on such occasions, will be legitimate objects of expenditure of company funds; but no expenditure will be made except on warrants drawn by the commander, based on specific resolves of the council of administration. The company clerk shall receive and disburse all moneys belonging to the company fund. He shall render an account of the company fund to the company commander on the last day of April and October of each year. He shall not be excused from his ordinary company duties by reason of performing the duties of company treasurer.

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8262. [5409] Regimental fund - Fines etc. Expenditures. 24. That section 54, being section 5409, R. S., 1881, shall be and is hereby amended to read as follows: Section 54. All the fines and forfeitures collected under the regimental by-laws shall go to and constitute a part of the regimental funds of the respective regiments, and such funds shall only be expended for purposes connected strictly with the promotion of the discipline, military efficiency and instruction of the regiment to which the fund may appertain. The purchase of camp equipage and the regimental color, which shall be of the pattern prescribed by the governor, the procuring of subsistence during periods of regimental instruction and encampment, and the hiring of transportation and music on such occasions, will constitute the legitimate objects of expenditure of a regimental fund. But no expenditure will be made except on warrants drawn by the regimental commander, based on specific resolves of the council of administration. Every regimental quartermaster shall receive and disburse all moneys belonging to the fund of his regiment, and shall render an account of his fund to the regimental commander on the last day of April and October of each year. Performing the duty assigned in this section shall not excuse a regimental quartermaster from the performance of any other duty that may appertain to his office.

8263. [5413] Courts martial-Company-Regimental. § 25. That section 58, being section 5413, R. S., 1881, shall be and is hereby amended to read as follows: Section 58. Company courts martial may be ordered by the regimental commander upon recommendation of the commanding officers of the company. Such courts shall consist of three members and a recorder, who shall be the judge advocate, or, unless otherwise provided, may be the company clerk. At least one member shall be a commissioned officer, but the remaining members may be taken from the sergeants. The authority of the company courts martial shall extend only to breaches of discipline in the administration of the company, both under the requirements of the general service and the company by-laws on the part of the non commissioned officers, the musicians and the rank and file of the company for which said court may have been appointed. They may inflict fines not to exceed ten dollars, reduce non commissioned officers to the ranks, and expel a member. Second, regimental commanders. shall have power to appoint courts martial for their respective regiments. Regimental courts martial shall consist of not more than seven nor less than three commissioned officers and a judge advocate. They shall take cognizance of all violations of the general regulations and orders for the government of the military forces of the state, of all breaches of discipline and good order, and of all infractions of the regimental by-laws committed

by the non commissioned officers, the musicians, or the rank and file of their respective regiments. They shall have power to impose fines not to exceed thirty dollars, to expel musicians and the rank and file from their companies, to reduce non commissioned officers to the ranks and to expel them from the service. Third, the adjutant general shall have power to appoint general courts martial. General courts martial shall consist of not more than thirteen nor less than five commissioned officers and a judge advocate. They shall take cognizance of all breaches of discipline and good order, and of all violations of the general regulations and orders for the government of the military forces of the state committed by the officers, the non commissioned officers, the musicians, or the rank and file of the command for which the court may be appointed. They shall have power to impose fines not to exceed fifty dollars, to expel musicians and the rank and file from their companies, to reduce non commissioned officers to the ranks and expel them from service, to suspend officers from rank and command and cashier them; but no sentence of a general court martial cashiering an officer shall be carried into effect until it shall have been approved by the governor, and only general courts martial shall have power to take cognizance of capital cases.

8264. [5422] Court martial fines - Payment of. § 26. That said section 67, being section 5422, R. S., 1881, shall be and is hereby amended to read as follows: Section 67. It shall be the duty of the quartermaster or ministerial officer acting at a court martial to receive from the proper collecting officer such moneys or fines as may be collected, in pursuance of the judgments of such court martial, giving his receipt to pay the same as hereinbefore prescribed.

8265. [5428] Fines, collection of- Procedure. § 27. That said section 73, being section 5428, R. S., 1881, shall be and is hereby amended to read as follows: Section 73. All fines, penalties and forfeitures inflicted by legally constituted courts martial shall be collected by law in the name of the state of Indiana for the use of the general military fund, and a certified copy of the finding and sentence of the court martial, filed in any court of competent jurisdiction, praying relief, and signed by an attorney, shall be sufficient complaint. The proceedings for the recovery of any fine, penalty or forfeiture, so inflicted, shall be, in all respects, like proceedings under the statute to recover an ordinary debt. It shall be the duty of the judge advocate to institute the proceedings, or cause it to be instituted; and a copy of the finding of such court martial, certified by the presiding officer, shall be prima facie evidence of the facts therein contained. Any fine due any company or regiment shall be collected by suit in the name of the state of Indiana, for the use of such company or regiment, and a duly certified copy of the section of the constitution or by laws authorizing any fine, and so much of the record of the proceedings of the company showing the assess ment of said fine, shall be a sufficient complaint. Any judgment authorized by this section shall be enforced without relief or exemption, and no stay allowed.

8266. [5429] Fines, courts pay over. § 28. That said section 74, being section 5429, R. S., 1881, shall be and is hereby amended to read as follows: Section 74. All fines, penalties and forfeitures shall be paid over by the court to the officer designated in his orders for the general military

fund.

8267. [5440] Rank of officers of same grade. § 29. That said section 85, being section 5440, R. S., 1881, shall be and is hereby amended to read as follows: Section 85. When officers are of the same grade, the officer holding the commission of the oldest date shall command; and if an officer has served continuously in the same grade for more than one term by re-election or re-appointment, he will take rank from the date of his first commission in that grade, and if the commissions should be of the same date, seniority shall be determined by previous service.

8268. [5441] Text books. § 30. That said section 86, being section 5441, R. S., 1881, shall be and is hereby amended to read as follows: Section 86. The adjutant general shall furnish every military company, upon the commissioning of its officers, with four copies of Upton's tactics, and the U. S. Army Regulations and Treatise on Military Law and Courts Martial; also with copies of this act; which books shall be distributed as the property of the state, under proper regulations: Provided, the governor may, by general order, change the system of tactics to conform to that used in the U. S. regular army.

8269. [5451] Enlistment, term of― Discharge. § 31. That said section 95, being section 5451, R. S., 1881, shall be and is hereby amended. to read as follows: Section 95. All enlistments in the active militia shall be for the term of three years, and no company shall continue in the active militia for a longer period than three years from the day the same was mustered into the service of the state, unless re-enlisted for another period of three years. No enlisted men shall be discharged before the expiration of the said term of three years, except by order of the governor. All company officers shall be commissioned by the governor for a term of three years, subject to the pleasure of the governor.

8270. [5453] Report to governor. § 32. That said section 97, being section 5453, Revised Statutes, 1881, shall be and is hereby amended. to read as follows: Section 97. The adjutant general shall, annually, within one month after the close of the fiscal year, report to the governor the amount of the military fund drawn, the amount expended and the items of expenditures, and in such report shall publish copies of all orders, general or special, together with such other matter as may be deemed necessary or important to the military service. All officers of the militia shall make such reports and at such times as may be fixed by general orders.

8271. Repealing clause. § 33. That said section 98 shall be and is hereby amended to read as follows: Section 98. All laws and parts of laws heretofore enacted for the organization or regulation of the militia in conflict with the provisions of this act as amended are hereby repealed.

8272. Emergency. § 34. An emergency exists for the immediate taking effect of this act; therefore, the same shall take effect and be in force from and after its passage.

AN ACT abolishing the office of mine inspector in the state of Indiana, establishing the office of inspector of mines, providing the manner of appointment to such office, repealing all laws and parts of laws in conflict therewith and declaring an emergency. [Passed, notwithstanding the governor's veto, and in force March 4, 1891; S., 1891, p. 73.

8273. Mine inspector - Office abolished-Inspector of mines, created. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That the office of mine inspector is hereby abolished and the office of inspector of mines is hereby created and established.

8274. Inspector-Appointment-Qualification -- Certificate of office. 2. Within thirty days after this act shall take effect the state geologist shall appoint an inspector of mines, who shall hold his office for two years and until his successor shall be appointed and qualified: Provided, however, that the state geologist shall require all applicants for such office to pass an examination touching their qualifications and fitness to discharge the duties thereof before making such appointment. And, the state geologist is hereby empowered to make such rules and regulations in conducting such examinations as in his judgment will test the competency and fitness of such applicants: Provided, further, that the state geologist shall give a certificate of appointment to the person appointed, which certificate shall entitle such appointee, when qualified, to do and perform all duties of his office as inspector of mines. [See $5473.

8275. Assistant inspector-Examination-Certificate - Oath - Bond - Duties. § 3. The inspector of mines shall appoint an assistant who shall pass such examinations touching his qualifications for such position as may be prescribed by such inspector of mines. Such inspector of mines shall execute a certificate of such appointment and deliver the same

to such assistant, who shall thereupon qualify by executing the bond and. taking the oath in the manner and form provided by this act, and when so qualified, such assistant is authorized and empowered to draw his salary and to perform all the duties of his position as prescribed by this act. Such assistant shall be subject to the orders and directions of the inspector of mines, and in pursuance to such orders and direction is empowered to do any and all acts and to perform all the duties incumbent upon the inspector of mines. He shall make detailed and itemized reports, as often as required, to the inspector of mines, of the work performed by him and shall hold his office subject to removal at any time by such inspector of mines for cause.

8276. Residence

Practical miners Non interest in mine. 4. The inspector of mines and his assistant shall be residents of the state of Indiana for five years immediately preceding their appointment to office and shall be practical miners of at least ten years' experience in actual mining, and no person shall be eligible to hold the office of inspector of mines or assistant who is or may be pecuniarily interested in any coal mine within this state, either directly or indirectly. The inspector of mines and assistant, before entering upon the duties of their office, shall execute bonds payable to the state of Indiana, with good and sufficient surety, in the sum of one thousand dollars, and shall take and subscribe an oath, to be indorsed upon the back of each bond, for the faithful performance of the duties of the office, which bond shall be approved by and filed with the secretary of state. 8277. Duties Annual report. § 5. The inspector of mines and assistant shall perform all the duties now required by law to be performed by the mine inspector. And such inspector of mines shall make an annual report to the state geologist of all matters now required by law to be reported by the mine inspector to the governor, which report shall be published with the report of the state geologist, and shall in every respect comply with the law pertaining to the inspection of mines.

8278. Salaries-Expenses. § 6. The inspector of mines shall receive for his services a salary of fifteen hundred dollars per annum, and such assistant shall receive for his services a salary of one thousand dollars per annum, payable quarterly, on the first day of January, April, July and October each year out of any money in the state treasury not otherwise appropriated. An allowance of three hundred dollars per annum from the appropriation, payable quarterly, on the first day of January, April, July and October each year, of any money in the state treasury, not otherwise appropriated, shall be made to the inspector of mines for the necessary expenses of himself and assistant in the testing of the weights and measures, and in performing such other duties required by law.

8279. Repealing clause. § 7. All acts and parts of acts inconsistent. with any of the provisions of this act are hereby repealed, to the extent of such inconsistency.

8280. Emergency. § 8. Whereas, an emergency is hereby declared to exist for the immediate taking effect of this act, it shall therefore take effect and be in force from and after its passage.

AN ACT to provide for the weighing of coal at the mines, to provide for a uniform screen for screening coal, to provide for the better ventilation of coal mines and to provide protection to workmen, to provide for furnishing timber, props and caps for the use of miners, defining certain misdemeanors and fixing penalties for the violation thereof and repealing all laws in conflict therewith. [Approved March 11, 1889; in force May 10, 1889; S., 1889, p. 445.