14 Before such suspension and prohibition shall become effective, the 15 commission shall give notice of that fact by publication in all the 16 newspapers of such county at least once in each week for two weeks 17 before the date of the beginning of such suspension and prohibi18 tion, and such notice shall state the time of such suspension and 19 prohibition and name the birds and animals, the killing of which is 20 therein prohibited. The commission shall also have the power in 21 like manner to change the dates of the hunting of quail or Virginia 22 partridge in any county; but the open season shall not in any event 23 be for more than thirty days in any year. 24 When the commission shall have done any of the things set out 25 in this section and given notices as set out in this section, then any26 one fishing in such streams or hunting or killing any of the ani27 mals or birds, the killing of which is prohibited at any time by 28 this chapter, shall be guilty of a misdemeanor and upon conviction 29 thereof shall be fined not less than ten nor more than one hundred 30 dollars, and may be confined in the county jail for the period of 31 sixty days or both, in the discretion of the court. Sec. 39. All acts or parts of acts inconsistent with this act are 2 hereby repealed. CHAPTER 117 (Committee Substitute for House Bill No. 428.) (By the Committee on Military Affairs.) AN ACT to amend and re-enact sections, one, seven, nine, ten, nineteen, forty-four and fifty-four of chapter eighteen of the code, relating to the military code or national guard of West Virginia, and to repeal sections eleven, twelve, sixteen, twenty-one and forty-five of said chapter eighteen of the code. Be it enacted by the Legislature of West Virginia: That sections eleven, twelve, sixteen, twenty-one and forty-five of chapter eighteen of the code be and the same are hereby repealed, and that sections one, seven, nine, ten, nineteen, forty-four and fifty-four of chapter eighteen of the code, be amended and re-enacted so as to read as follows: Section 1. This chapter shall be known as the military code. 2 The governor of this state is authorized to reorganize the national 3 guard of West Virginia under the provisions of the national de4 fense act, of June third, one thousand nine hundred and sixteen, 5 and amendments thereto. He is authorized to appoint an adjutant 6 general under whose direction the national guard shall be reorgan7ized and maintained. Sec. 7. The duty of maintaining and governing the national 2 guard not in the service of the United States rests upon the state, 3 subject to the constitutional authority of congress. The pur4 pose of the force is national defense. Its efficiency as an agent 5 for national defense necessarily depends upon systematic uniform6 ity in the organization, composition, arms, equipment, training 7 and discipline of its component parts. The attainment of such 8 uniformity and efficiency require on the part of each state a 9 rigid adherence to federal laws and regulations relating to the 10 militia. Therefore, the governor shall cause the national guard 11 of this state always to conform to all such federal laws and 12 regulations as are now or may hereafter from time to time 13 become operative and applicable, notwithstanding anything in the 14 laws of this state to the contrary. The governor shall consolidate, disband organizations when Sec. 9. The national guard of West Virginia shall consist 2 of the commissioned officers, enlisted men, staff, corps, depart3 ments and organized militia of West Virginia regularly organ3-a ized and maintained pursuant to law. 4 have power to alter, divide, annex, 5 or reorganize the same and create new 6 ever, in his judgment, the efficiency of the state force will be 7 thereby increased, except in so far as such action would be con8 trary to the provisions of the regulations of the war department 9 governing the organized militia; and he shall at any time have 10 power to change the organization of departments, brigades, regi11 ments, batallions and companies so as to conform to any organi12 zation, system of drill, or instruction now or hereafter adopted for 13 the army of the United States, and for that purpose the number 14 of officers of the brigade, regiments, battallions and companies may 15 be increased or diminished and their rank increased or reduced 16 to the extent made necessary by such change. The officers of the 17 foregoing departments shall be of like rank as officers of similar 18 departments of the army of the United States and shall perform 19 like duties; the number of such officers to be determined by the 20 commander-in-chief, but this number shall be limited to the 21 actual requirements of the different departments, and the com22 mander-in-chief may designate one officer as chief of a number 23 of different departments, unless such action would be contrary to 24 the regulations provided by the war department for the govern25 ment of the organized militia. The governor shall have the power 26 in case of war, insurrection, invasion or imminent danger thereof, 27 to increase the force beyond the minimum now established by law 28 and to organize the same with the proper officers as the exigencies 29 of the service may require. In the event of the formation of any 30 such new organizations, officers holding commissions in the 31 national guard as organized at such time, shall be eligible for com32 sion in said new organizations with like or higher grade and rank 33 if found capable, after examination by a regular authorized board 34 and shall be given preference over the one not holding commission. 35 at the time. Sec. 10. The number and grades of officers and enlisted men 2 in the staff corps and departments, shall be as prescribed by fed3 eral law and regulations thereunder issued by direction of the 4 secretary of war. In case of emergency, line officers of the 5 national guard, active or reserve, may be temporarily detailed by 6 the governor for staff duty. 6-a All officers of the staff corps and departments shall be appointed 7 by the governor from officers or ex-officers who have had previous 8 military experience of not less than two years, and shall hold their 9 respective grades until they reach the age of sixty-four years, 10 unless they resign or are discharged for disability, or by reason 11 of the findings of a court-martial legally convened for the trial. 12 of such officer, and vacancies shall be filled by appointment of per13 sons fulfilling the above requirements of this section. Sec. 19. The governor shall be commander-in-chief of all 2 military forces of the state except those which may be in the ser3 vice of the United States and during such service. It shall be 4 the duty of the governor to appoint and commission all officers 5 of the military forces of the state, who shall be selected from the 6 classes prescribed in the national defense act, and to issue neces7 sary regulations for the government of such forces. Sec. 44. The pay for officers and enlisted men of West Vir2 ginia national guard for service at camps of instruction, rifle 3 practice, practice marches and maneuvers, or duties ordered by 4 the President of the United States shall be such as are provided. 5 in the national defense act or amendments thereto. Officers and 6 enlisted men, when employed in the actual service of the state, as 7 defined and provided in this act, beginning on the day they as8 sembled at their amories, or other designated places, until the day 9 they have returned thereto and been properly relieved, inclusive, 10 fractional parts of a day, counting as a full day, shall receive pay 11 and allowances at the following daily rates. 12 Officers, the same base pay which is now in effect or which may 13 hereafter be provided for like grades in the army of the United 14 States. Transportation and subsistence will be provided for by 15 the state; provided, officers detailed in adjutant general's office 16 shall not receive subsistence. 17 Enlisted men, twice the base pay now or hereafter provided for 18 like grades in the United States army. 19 All payments made under the provisions of this chapter except 20 for active service, shall be paid out of the military fund and all 21 expenses incurred in active service shall be paid out of any moneys 22 in the treasury not otherwise appropriated. The military fund 23 shall be disbursed on warrant of the adjutant general, properly 24 drawn and in such manner as the governor may order, but no 25 warrant nor funds signed by him shall be honored by the auditor 26 until such adjutant general shall have executed and filed such 27 bond as may be required by the commander-in-chief. Payments 28 shall be made on proper vouchers, which vouchers shall show 29 the authority under which the expenditure is made, contain an 30 itemized statement of the transaction and be filed for record in the 31 office of the adjutant general. All claims for services rendered or 32 material furnished shall be approved by the officers ordering the 33 work or material and shall be over his certificate to the effect that 31 the amount is just and reasonable and that it had not been pre35 viously paid. No expenditures shall be made by any officer until 36 an estimate of the amount and a statement of the necessity there 37 for shall have been made before the adjutant general and his ap38 proval received. Where practicable, competitive bids shall be re39 ceived for all work or material involving an expenditure of more 40 than two hundred dollars and the contract will be let to the lowest 41 responsible bider, who, if required by the commander-in-chief. 42 shall enter into a good and and sufficient bond for the proper per43 formance of his contract. 41 The several railroads and other transportation companies in 45 this state shall furnish transportation for all officers and enlisted 46 men in the national guard, together with the stores, ammunition, 47 and equipments when traveling on duty under orders from com48 petent authority, under request of the officer desiring transpor49 tation, which request will state the number of persons to be car50 ried and their destination, and for such transportation, said com51 panies shall be entitled to receive compensation from the state at 52 the rate specified. Sec. 54. In event of war, insurrection, rebellion, invasion, tu2 mult, riot, mob or body of men acting together by force with in3 tent to commit a felony or to offer violence to persons or property, 4 or by force and violence to break and resist the laws of this state, 5 or the United States, or in case of the imminent danger of the occurrence of any said events, or in event of public disaster, the 7 governor shall have power to order the West Virginia national. 8 guard or any part thereof into the active service of the state, and 9 to cause them to perform such duty as he shall deem proper. CHAPTER 118 (Senate Bill No. 197-Mr. York.) AN ACT to amend and re-enact section seven of chapter thirty-two of the acts of one thousand nine hundred and nineteen amending and re-enacting chapter ten of the acts of one thousand nine hundred and fifteen. [Passed April 22, 1921. In effect ninety days from passage. Approved by the Governor April 29, 1921.] SEC. 7. Chief of department of mines to tricts; number of districts; appointment and terms of inspectors. Be it enacted by the Legislature of West Virginia: That section seven of chapter thirty-two of the acts of one thousand nine hundred and nineteen be amended and re-enacted so as to read as follows: |