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1907 HOUSEBILLNo. 249
FILE No. 75.

Introduced by Mr. Simpson, February 19th, 1907.
Referred to the Committee on Military Affairs. Reported substitute and re-referred
to Committee on Ways and Means, March 13th.
Ordered printed March 14th, for the use of the Committee.
A BILL
To increase the efficiency of the military establishment of the State of Mich-
igan and to repeal all former acts inconsistent with the provisions of .
this act.
1
The People of the State of Michigan enact:
SECTION 1. All able-bodied male citizens of Michigan, including
2 those of foreign birth who have declared their intention to become citi-
3 zens of the United States, residing therein, of the age of eighteen years
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4 and under the age of forty-five years and not exempted by the laws of
5 the United States or of this State, shall constitute the militia and be
6 subject to military duty. In addition to the persons exempted by the
7 laws of the United States, the following persons shall be exempted from
8 military duty, namely:
9 Officers of the State government; judges of the supreme court, cir-
10 cuit and district courts; members of the legislature; officers and guards
of the State prisons, houses of correction and other State institutions;
2

2. keepers of poorhouses, officers, attendants and assistants; firemen after
seven years' service as such; officers who have held commissions in the
D officers of the militia of this State who have served in said militia fully
fegular or volunteer army or navy of the United States; commissioned
16 uniformed and equipped according to law and regulations for the term
17 of six years and who have resigned after such service, or have been
18 honorably discharged; all county officers except notaries public; all
20
19 teachers engaged in public institutions and public schools, and min-
25
isters of the gospel. The unorganized militia shall not be subject to
21 actual duty, except when called into service of the State or Uuited
22 States in case of war, rebellion, invasion, the prevention of invasion,
23 the suppression of riots, tumults and breaches of the peace, or to aid
24 civil officers in the execution of the law and the service of process, in
which case they, or as many of them as the necessity requires, may be
26 ordered out for actual service by draft or otherwise as the Governor
27 may direct. The portion of the militia ordered out or accepted shall
28 be mustered into service for such period as may be required and the
29 commanding officer may assign them to the existing organized militia,
30 or organize them as the exigency of the occasion may require.
1 SEC. 2. The officers acting as supervisors of every township, ward
2 or city shall immediately, upon an order from the Governor of this
3 State to that effect, return a list of the names of all persons who are
liable to perform military duty residing in their township, ward or
)
5 city, to the county clerk, who shall, within twenty days after the receipt
6 of such return, number the names and file the lists in his office and
7
Midiegan. Mulitia
return the aggregate number of all the persons so enrolled in his county
8 to the Adjutant General. The supervisors shall have power to question
under oath, which they are hereby authorized to administer, any per-
9
3
10
son deemed liable to perform military duty, but who denies the same,
11 and if any person refuses to be sworn, the supervisor shall enroll his
12 name in the same manner as though he had admitted his liability. Upon
13 the return of the supervisor's list to the county clerk, properly certify-
14 ing that he has enrolled all persons who are liable to perform military
15 duty residing in his township, city or ward, he shall be paid two cents
16 for each person enrolled out of the treasury of the county. If any
17 supervisor or county clerk shall wilfully neglect or refuse to perform
18 the duty enjoined upon him by this act, the person or persons guilty
19
of such refusal or neglect shall be liable to a penalty of not less than
20 one hundred nor more than five hundred dollars, to be recovered by
21
action of debt before any court of competent jurisdiction, in the name
22 of the people of the State of Michigan, and it shall be the duty of the
23 prosecuting attorney of the county in which such action is brought to
24 prosecute the same. All moneys accruing from such prosecution shall,
25 after deducting the legal costs and charges, be paid into the county
26 treasury. In cases where such lists are not made out and filed as herein
27 provided, and when the same may be deemed absolutely necessary to
28 the public safety, the Governor is authorized to cause such lists to be
29 made by any other suitable person, to be by him designated, who shall
30 have the same power and receive therefor the same compensation as
31 provided herein for supervisors.
1
2
or invasion of the State, or in case of actual rebellion in or war against
SEC. 3. In case of actual or threatened war against insurrection in,
3 the United States, or in case the President of the United States shall
4 make a requisition on the Governor of this State, he may order out by
5 draft, voluntary enlistment or otherwise, the whole or so much of the
6 militia of the State as the public necessity demands, and he may also
1
7 in like manner order out any portion of the militia for the service of
8 the State to suppress riots and to aid civil officers in the execution of
10
9
the laws of this State or of the United States;
11
He may appoint the number by draft according to the population of
the several counties of the State, or otherwise, as he shall direct, and
12 shall notify the sheriff of each county from which any draft is so re-
13 quired of the number of persons his county is to furnish. Upon the
14 requisition of the Governor being received by the sheriff, he shall im-
15 mediately personally notify the county clerk, or in case of the absence
16 of such clerk or his inability to act, then his legally authorized deputy,
17
or deputies, who shall repair to the office of the county clerk and in
18 public shall copy by name or number from the supervisor's roll of each
19 township, city or ward of such county, all persons who are so returned
20
as liable to perform military duty; such names or their corresponding
21 numbers shall be placed on slips of paper of the same size and appear-
22 ance, as near as practicable, which slips so named or numbered shall
23 be placed in a box suitable for that purpose and the number required
1
24 to fill such draft or requisition shall be drawn therefrom in the same
1
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25 manner as jurors are by law now drawn. All persons so drawn and
26 liable to perform military duty shall be determined to be legally held
27 to serve in the manner and for the purpose and time specified in the
28 requisition, and the sheriff shall notify the person so drafted orally,
29
or in writing, at what time and place they shall appear.
SEC. 4. Every person so ordered out, or who shall volunteer or is
2 drafted, and who shall not appear at the time and place designated by
3 such sheriff or other proper officer, or who shall not produce some able-
4 bodied or proper substitute at such time and place, or shall not pay
5 to such sheriff for the use of the State the sum of three hundred dollars
6 within twenty-four hours of such time, shall be deemed to be a soldier
9
7 in actual service, absent without leave and liable to a penalty of three
8 hundred dollars.
Should the officer detailed for the purpose be unable to secure any
10 soldier so drafted, the sheriff of the county shall, upon notice thereof,
11 be authorized and required to arrest such soldier and notify the prose-
12 cuting attorney thereof, who shall prosecute such delinquent before any
13 court having jurisdiction for the recovery of the penalty aforesaid, and
6
14 the person so arrested may be released from all such obligations and
15 penalties on the enlisting and mustering of an acceptable substitute
16 and the payment of the costs of prosecution.
1
SEC. 5. Whenever the militia shall be ordered out under the provi-
2 sions of this act as specified in section three, they may be organized
3 by the Governor, as Commander-in-chief, with the advice of the State
4 Military Board, into companies, regiments, brigades and divisions,
5 which formation shall correspond, as near as may be, in all respects
6 with like formation of the United States army in the same arm of
7 service, and the same shall be numbered and proper record thereof made
8 in the office of the Adjutant General, and such forces shall be officered,
9 instructed and governed according to the laws of this State, and of
10 the United States. Each enlisted man, before being mustered into the
17
11 service, shall be subjected to a competent physical examination to de-
12 termine as to his physical soundness, and all commissioned officers, ex-
13 cept officers of the Michigan National Guard, shall be examined by a
14 competent board of examiners as to their ability and fitness to com-
15 mand. The arms, clothing, equipments and subsistence to be furnished
16 by the State when militia is in the field in accordance with the pur-
poses of this act, shall, as near as possible, be the same as furnished by
18 the general government for the regular and volunteer army of the
19 United States and while in actual service, they shall receive the same
20 compensation as allowed soldiers in the army of the United States.
21 Camps of instruction may be ordered. When the purposes for which
22 said troops were called into service have been accomplished, he may
23 muster them out.
1
2 field, for the purpose of recruiting them originally or keeping organiza-
3 tions up to the maximum strength, the Governor may detail officers of
4
the National Guard to act as recruiting officer and paymasters and
5 assign them to duty at such points in the State as he may designate.
6 Such officers may be of any rank and shall be paid the pay proper, and
7 allowances of officers of like grade in the United States army or navy.
SEC. 7. The permanent organized militia shall be composed of vol-
1
SEC. 6. When troops of the State of Michigan are called into the
2 unteers between the ages of eighteen and forty-five years, to be known
3
as the Michigan National Guard, and as the Michigan Naval Brigade,
4
as the case may be, and in the case of war, rebellion, invasion, the sup-
5 pression of riots, or the aiding of civil officers in the execution of the
6 laws of the State, shall be the first to be ordered into service. Minors
7
over the age of eighteen years may be enlisted into the Michigan Na-
8 tional Guard, with the consent in writing of their parent, or guardian,
9 or if they have none, with the consent in writing of a justice of the
10 peace of the township or city in which they reside. Every applicant
11 for enlistment in the Michigan National Guard shall furnish satisfac-
12 tory evidence of good character, and before being enlisted into the
13 service, shall submit to a physical examination; and no such applicant
8
14 shall be so enlisted unless after such examination it shall be deter-·
15 mined by the medical officer or officers making the same, that he is
in every respect in sound bodily health. No applicant shall be so en-
17 listed in any company of the Michigan National Guard who does not
18 reside within a radius of six miles from the armony of the company in
19 which he proposes to enlist. The term of enlistment in the Michigan
20 National Guard shall be three years.
1
4
5
7
2 State under the provisions of this act, he shall take the following oath
3
(or affirmation), which shall be administered to him by the mustering
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do solemnly swear (or affirm) that I will bear true
6 allegiance to the United States of America, and to the State of Michi-
11
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SEC. 8. Before any person shall be enlisted into the service of the
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officer or by some person authorized to administer oaths: "I
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gan; that I will serve them honestly and faithfully against all their
9
the orders of the President of the United States, the Governor of this
enemies and opposers whomsoever, and that I will observe and obey
10 State, and the orders of the officers appointed over me, according to
the rules and articles for the government of the armies of the United
}
12 States, and of this State." The enlisting officer, or the officer admin-
13 istering such oath or affirmation, shall certify on the enlistment roll
14 that the persons whose names appear thereon did take the said oath
15
or affirmation, which certificate signed by him shall be sufficient evi-
dence that the persons named therein did take the said oath or affirma-
17 tion before him. All officers of the military force of this State shall
18 be empowered to administer oaths of enlistment, and the same shall
19 have as full force and effect as if made before a civil magistrate, or
20 other officer competent to administer oaths. All officers commissioned
21
in the Michigan National Guard shall, before entering upon their duties,
take and subscribe the prescribed constitutional oath of office, which
23 oath shall be filed with the Adjutant General, except as otherwise pro-
22
24
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2
3
4.
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7 One Brigadier General for each brigade;
12
vided.
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SEC. 9. The Michigan National Guard shall consist of
Not less than three regiments of infantry;
Not less than one troop of cavalry;
10 A Quartermaster's Department;
A Subsistence Department;
Not less than one battery of field artillery;
Not less than one company of engineers;
Not less than one detachment of signal corps;
An Adjutant General's Department;
An Inspector General's Department;
An Ordnance Department;
A Judge Advocate General's Department;
A Medical Department;
2-H. F. 75.
10
15
And the officers of the Michigan National Guard on the retired list.
1 SEC. 10. Each of the line organizations as prescribed in the last pre-
Ο
2 ceding section, shall conform to like organizations of the United States
3
army as near as may be. The staffs of the various units shall consist
4
of such officers of such rank as may be from time to time provided for
5 like organizations of the United States Army, as near as may be. The
duties and functions of the various staff corps and staff departments
6
7 shall be the same as for like corps and departments in the United States
8 Army as near as may be, as prescribed from time to time in regulations.
1
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SEC. 11. The Adjutant General's Department shall consist of the
2 Adjutant General with the rank of brigadier general, one Assistant
3 Adjutant General with the rank of colonel, one Assistant Adjutant Gen-
4 eral with the rank of major.
5 The Inspector General's Department shall consist of the Inspector
6
9
General with the rank of brigadier general, one Assistant Inspector Gen-
7 eral with the rank of colonel and one Assistant Inspector General with
8 the rank of major.
The Quartermaster's Department shall consist of the Quartermaster
10 General with the rank of brigadier general, who shall also be ex-officio
11 Commissary General of Subsistence and Chief of Ordnance, one As-
12 sistant Quartermaster General with the rank of colonel, who shall also
13
be ex-officio Assistant Commissary General of Subsistence and Assistant
14 Chief of Ordnance, one Quartermaster with the rank of major.
11
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15 The subsistence department shall consist of the Commissary General
16 of Subsistence (Quartermaster General ex-officio), one Assistant Com-
17 missary General of Subsistence (the Assistant Quartermaster General
18 ex-officio), one Commissary with the rank of major, one Commissary
19 with the rank of captain.
The medical department shall consist of the Surgeon General with
21 the rank of colonel and of surgeons and assistant surgeons of rank and
20
22 number determined as follows, to-wit, one surgeon with the rank of
23 lieutenant colonel for each brigade, one surgeon with the rank of major
24 for each regiment, one assistant surgeon with the rank of captain for
25 each regiment, and one assistant surgeon with the rank of first lieu-
26 tenant for each regiment and each separate company of engineers and
27 battery of artillery, signal corps company and troop of cavalry, and
28 such contract surgeons for the purpose of examining recruits as may
29 be authorized by the Military Board, and a hospital corps consisting of
30 such numbers of men as may be prescribed by the State Military Board;
31 and one major, two captains and four first lieutenants for each field
32, hospital where organized.
The Ordnance Department shall consist of the Chief of Ordnance
33
34 (Quartermaster General ex-officio), one Assistant Chief of Ordnance
35 (Assistant Quartermaster General ex-officio), one ordnance officer with
36 the rank of colonel who shall be ex-officio Inspector General of Small
37 Arms practice.
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12
38
1
39 Advocate General with the rank of major.
The Judge Advocate General's Department shall consist of the Judge
2 spector General's Department, the Quartermaster's Department, the
3 Subsistence Department, the Ordnance Department and the Judge Ad-
4 vocate General's Department (the Adjutant General, the Inspector Gen-
SEC. 12. The officers of the Adjutant General's Department, the In-
5 eral and Quartermaster General), shall be appointed by the Governor
6 (by and with the consent of the Senate) and shall each hold his office
OC
7 for the term of two years and until his successor is appointed and
qualified, unless sooner removed for misconduct or in case of death or
9 vacation of his office by resignation of his office duly accepted. In case
10 of appointment to fill vacancy, the appointment shall be only for the
1
11 unexpired term.
SEC. 13. The salary of the Adjutant General, the Inspector General
2 and the Quartermaster General shall be One Thousand Dollars each
3
per year, and the salary of the colonel in the Adjutant General's De-
4 partment and the colonel of the Quartermaster's Department and the
5 colonel and Inspector General of Small Arms practice in the Ordnance
Department, shall be fixed from time to time by the State Military
9
ī Board and paid not to exceed Two Thousand Dollars per year from
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the military fund and there shall also be allowed and paid to each of
said officers such further sums as may be necessary to pay his actual
10 and necessary expenses while engaged in the performance of the duties
13
12 pay of his grade.
1 SEC. 14.
SEC. 14. There shall be maintained at the State capitol in Lansing,
2 the offices of the Adjutant General, the Inspector General, the Quarter-
master General, the Commissary General of Subsistence, the Chief of
4 Ordnance and the Inspector General of Small Arms Practice. During
5 the absence from the State or the inability of the Adjutant General to
6 act, his duties shall be performed by the Assistant Adjutant General
7 on duty and during the absence of the Quartermaster General, his
8
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duties shall be performed by the Assistant Quartermaster General.
SEC. 15. The Adjutant General's Department is the department of
2 records, orders, and correspondence of the militia. The Adjutant Gen-
1
of his office, when absent from his home station and not drawing the
4
3 eral, before entering upon the duties of his office, and within twenty
days after receiving official notice of his appointment, shall take and
10
5
6
subscribe the constitutional oath of office and file the same with the
Secretary of State. He shall be entitled to use the coat of arms of the
7 State with the words added thereto "State of Michigan. Adjutant Gen-
8 eral's Office," as his seal of office. He shall make such returns as are
9 required by the War Department and Governor. He shall in each year
prepare a return of the organized militia of this State, exhibiting their
11 full numerical strength, together with all arms and military stores,
12 designating the several kinds, condition and place of deposit, which re-
turn he shall deliver to the Governor on or before the thirty-first day
14
14 of December and he shall perform all other duties relating to the militia,
arms and military stores of this State, as are required of him by law.
He shall make and submit to the Governor, and through him to the
17 legislature, biennially, a detailed report of the work of his department,
and of the other departments of the military service, with such recom-
15
16
19 mendations as he may deem necessary to promote the good of the
20 service, and the military interests of the State. The Adjutant General
21
22 showing that such person has served according to law and regulations
23 in the Michigan National Guard or Michigan Naval Brigade, six con-
shall deliver to every person entitled thereto, on demand, a certificate
24 secutive years, and such certificate shall thereafter entitle said person
26
25 to an exemption from all poll taxes, jury duty, at his option, assess-
ment for highway purposes not exceeding two days in a year and from
27 all military duty except in case of invasion, insurrection or rebellion.
28 Every person issuing, obtaining or using such certificate improperly or
29 unlawfully shall be liable to the penalty provided by law for misde-
30 meanors.
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1 SEC. 16. The Inspector General, before entering upon the duties of
2 his office, and within twenty days after receiving official notice of his ap-
3 pointment, shall take and subscribe to the constitutional oath of office
4 and file the same with the Secretary of State. He shall exercise a com-
5 prehensive and general observation over all that pertains to the efficiency
6 of the Michigan National Guard, and shall have authority to correct
7 all errors of instruction, the keeping of records, and the care and
8 preservation of all arms and military stores. He shall muster in new
9 units accepted for the Michigan National Guard service by the Gov-
10
15
11 for pay therefor. He shall, under orders of the Commander-in-chief,
12 make, or cause to be made through the officers of his department, or
13 such other officers as may be detailed for service in his department by
14 the Commander-in-chief, at least one inspection, in each year, of each
15 organization of the Michigan National Guard and the Naval Brigade
16 at its home station. At each encampment of said National Guard, he
ernor and shall have charge of the muster of the troops in camp and
17 shall, under orders of the Commander-in-chief, make or cause to be
18 made a general inspection of the camp, arms, equipment, clothing, stores
19 and military property, also of the decipline and general efficiency of
20 the officers and men thereof; and shall, within thirty days after the
21 close of said encampment, make a report thereon in writing to the Com-
22 mander-in-chief. He shall annually make and submit a detailed report
1
23 of the work of his department to the Commander-in-chief with such
24 recommendations as, in his judgment, are for the good of the service.
SEC. 17. The Quartermaster General before entering upon his duties
2 and within twenty days after receiving official notice of his appoint-
3 ment shall take and subscribe the constitutional oath of office, and
4
shall give bonds to the State, with at least two sureties, or surety com-
5 pany, to be approved by the Governor, in the penal sum of Twenty-
16
6 Five Thousand Dollars, conditioned faithfully to discharge the duties
7
of his office, to use all necessary diligence and care in the safe keeping
8 of military stores, other military property and funds committed to his
9 custody, to account for the same and deliver over to his successor, or
10
to any other person authorized to receive the same, all such stores and
11 property, which bond shall within the aforesaid twenty days be depos-
12 ited, together with said oath, by said Quartermaster General with the
13 Secretary of State, who shall file and preserve the same in his office.
14
15 this State and of the United States apportioned to this State. He shall
18
19
16 have charge of all military stores, magazines, arsenals, warehouses,
17 munitions of war and other military property, and account for same
on the thirty-first day of December in each year to the Governor. The
He shall be the Disbursing Officer of the military and naval fund of
22
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20 the accounts kept and made out in the same manner, as near as may be,
21
as is required by the system of regulations governing the Quartermas
business of the Quartermaster's Department shall be transacted, and
ter's Department in the army of the United States, and accounts cur-
rent of all transactions, with proper vouchers, shall be rendered by him.
24 monthly to the Auditor General: Provided, however, That no contract
25 shall be let or entered into on behalf of the State exceeding the expendi-
26 ture of Three Hundred Dollars for military purposes authorized by
27 this act until a notice calling for bids for such contracts shall have
28 been published at least twenty days in one or more newspapers, to be
1
29 designated by the State Military Board, except that in case of emergency
30 requiring immediate action, the Governor may, by a special order in
31 writing direct the Quartermaster General to make contracts without
32 advertisement. The Quartermaster General shall require bonds from
I
33 all disbursing and distributing officers, and other officers in charge of
34 public property, in an amount to be fixed by the State Military Board,
17
35 which bonds shall be approved by the State Military Board. The Quar-
1
36 termaster General shall provide the several departments and organiza-
37 tions on their requisitions, with the necessary rosters, books of record,
38 blank commissions, enlistment rolls and other papers required by law
39 and regulations, at the expense of the State.
SEC. 18. There shall be a State Military Board consisting of the
2 Adjutant General, the Inspector General, the Quartermaster General,
3 brigadier generals commanding brigades and the commander of the
naval brigade. The State Military Board shall organize by electing a
5 president from their own number, and one of the assistants of one of
6 the departments as recorder. The same shall be an advisory board to
7. the Commander-in-chief. No contract on behalf of the State exceeding
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an expenditure of Three Hundred Dollars, for military purposes au-
9 thorized by this act, unless otherwise herein provided for, shall be
10 valid against the State until the same shall be approved by said board.
11 The State Military Board shall receive, examine and audit all claims
3--H. F. 75.
18
12 and accounts for the expenditures incurred for military purposes au-
13 thorized by this act, unless otherwise provided for, and upon requisition
14
of said board, the Auditor General shall draw his warrant or war-
rants for such sum or sums not exceeding in all the appropriation
15
20
17 and charge the same to the State military fund. Whenever necessary
18 in the performance of their duties, any member of said board shall
19 have power to administer oaths. The State Military Board shall pre-
21
of this act and such regulations, when approved by the Governer and
22 filed in the office of the secretary of state, shall have the force and effect
23 of law.
01
herein made, on the State Treasurer, who is hereby authorized to pay
1 SEC. 19. The Commander-in-chief may authorize the employment of
pare regulations from time to time to carry out the various provisions
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3 and books for the military service. He may also authorize the hiring
4
of storerooms for the safe keeping of public stores and he may divide
clerks and the hiring of offices, the purchase of fuel, lights, stationery
1
6 sion shall be in such manner as to give all portions of the State, so far
the State into regimental or battalion districts, in which case the divi-
7
as practicable, a just proportion of the whole number of companies per-
8 mitted by this act.
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SEC. 20. The Inspector General of Small Arms Practice shall be
2 selected with reference to his special fitness and practical qualifications
3
for supervising and assisting commanding officers in the education of
19
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the men in small arms firing, and shall have charge under direction
5 of the State Military Board, of the construction, care and repair of
6 rifle ranges. At the end of the target practice season he shall make a
»
7 correct compilation from the records of small-arms firing of the organ-
8 ized militia on file at his office at Lansing, and file the same with the
9 Adjutant General.
1 SEC. 21. The Commander-in-chief by and with the advice of the State
2 Military Board is hereby authorized to accept new units for the Michi-
3 gan National Guard or to disband, arrange, alter, divide, annex or con-
4 solidate any of the units or to transfer the units of one battalion or
1
5 regiment to another battalion or regiment.
SEC. 22. Commissioned officers of the Michigan National Guard, un-
2 less otherwise specifically provided for in this act, shall be appointed
3 by the Governor and duly commissioned in the grade to which ap-
4 pointed, as follows: Brigadier general of a brigade, from among the
5 officers of the Michigan National Guard above the rank of captain in
6 (colonels of the regiments composing) the brigade; colonel of a regi-
11
7 ment from lieutenant colonel of the same regiment; lieutenant colonel
8 of a regiment from the senior major of the same regiment; major of a
9 regiment from the senior captain of the companies of the battalion in
10 which the vacancy occurs; captain of a company from the senior lieu-
tenant of such company; first lieutenant of a company from the second
12 lieutenant of such company; second lieutenant of a company or a first
20
13 lieutenant in organizations for which no second lieutenant is prescribed,
14 except in the medical department, by appointment after a competitive
15 examination held under regulations in which the candidates shall be
16 given the following order of preference: (1) Enlisted men of the com-
pany in which the vacancy exists; (2) officers or other enlisted men
18 of the Michigan National Guard; (3) from civil life.
17
1 SEC. 23. The staff of the Commander-in-Chief shall consist of the
2 Adjutant General, who shall be chief of staff; the Inspector General,
the Quartermaster General, with the officers of their respective depart-
4 ments, the Surgeon General, the Inspector General of Small Arms Prac-
5 tice, the Judge Advocate General, the Military Secretary and four
6 aides-de-camp, and such other officers as may be detailed for such duty.
The Governor is hereby authorized to appoint and commission with the
8
rank of major, the four personal aides-de-camp herein provided if
9 otherwise qualified under this act who shall hold such office at his pleas-
10
ure and then be discharged or placed on the retired list: Provided, how-
11 ever, That no such officer shall be placed upon the said retired list
12 who has not heretofore passed the examination hereinbefore provided
13 for.
1
SEC. 24. Upon the muster-in of any new unit into the Michigan Na-
tional Guard, the Governor may appoint for one year or until examined
3 by an examining board, suitable persons for officers therein, irrespective
4 of previous military service, whereupon said persons shall be commis-
21
5 sioned and shall be officers for all purposes except for promotion by
6 seniority. Within one year of such muster-in, such persons so appointed
7 shall be examined as provided herein for officers of like grade, and if
8 found qualified for such offices, they shall be reappointed and recommis-
9 sioned and shall thereupon be eligible for promotion of seniority, or if
found not qualified they shall be discharged; and thereafter appointment
11 and promotion in such organization shall continue as in other like or
12 ganizations.
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2 when this act shall take effect, shall continue in office as such until the
3 expiration of their respective terms of office, and thereafter they shall
4 be reappointed and recommissioned in the same grade unless otherwise
5 herein provided, upon being found duly qualified by an examining board
1
SEC. 25. All commissioned officers of the Michigan National Guard,
6
as herein prescribed. Such new commission shall bear date of rank as
2.
7 of the same date as the commission superceded.
!
1
SEC. 26. Upon the disbandment of any unit of the Michigan National
Guard, the commissioned officers thereof shall be mustered out or their
3 names placed upon the retired list, as may be prescribed by the Gov-
4 ernor.
SEC. 27. Any officer having been duly examined by an examining
2 board and found not qualified for promotion, shall thereupon be retired
3 from active service and his name placed upon the retired list, unless
4 otherwise provided herein, Any officer eligible for promotion under this
F
22
5 act, by reason of his seniority, who shall be found, by an examining board,
6 duly qualified for promotion except as to his professional fitness, shall
7 if so recommended by the examining board, thereupon be and become an
8 additional officer of the grade then held and the vacancy thereby cre-
9 ated shall be filled as prescribed herein. Such officer shall be exam-
10 ined not less than one or more than three months after the date of
11
12 commissioned as of the date of such re-examination, and if found dis-
such first examination, and if found qualified, be duly appointed and
13 qualified he shall be retired from active service and his name shall be
14 placed on the retired list. Officers becoming additional officers as pre-
15 scribed herein, shall, while so carried, be ineligible to promotion by
16 seniority to any other officer: Provided, however, That any officer may
17 voluntarily waive promotion, before examination, in which case the
18 officer of the same rank next in order of seniority shall be promoted in
19 the manner prescribed by this act; but no officer shall be permitted to
20 thus waive promotion more than three times.
10
SEC. 28. The designation "company" as used in this act, shall be
2 unerstood and construed to mean a company of infantry, artillery,
3 engineers, or signal corps, a battery of field artillery, a troop of cavalry,
4
or any detachment of the aforesaid organizations or a permanent de-
tachment of the hospital corps assigned to a line or staff organization,
5
6
a field hospital or a band. The designation "battalion" applies in like
7 manner to a squadron of cavalry. Actual service shall be understood
8 and construed to be service in case of riot, tumult, breach of the peace,
9. resistance of process, whenever called upon in the aid of civil authori-
10 ties or at encampments. Active service shall be such other service as
11
23
1
3
may be required under law or regulations.
2 the permanent commanders of such units for appointment by the Gov-
ernor as far as possible, from among the active officers of such units,
SEC. 29. Staff officers of the various units shall be recommended by
4
or if no such active officer is available, then from the officers upon the
5 retired list, or from citizens of this State. Such officers shall be com-
6 missioned in the grade prescribed and if for the staff of a regiment
7
or battalion, then of that branch of the service, otherwise they shall
8 be commissioned as of that branch of the service from which appointed,
9
or in which their eligibility for office was established. Staff officers
10
of units greater than regiments shall hold office until the termination
11 of service in the office or by retirement or otherwise, of the officer at
whose request they were appointed, whereupon, unless their reappoint-
ment be requested by the successor in office of such commander, they
14 shall be placed upon the retired list. Staff officers of regiments or
15 battalions shall hold office for a period of four years whereupon, unless
16 their reappointment be requested by the commander of their unit, they
1
17 shall be placed upon the retired list.
SEC. 30. Officers of the Medical Department of the Michigan Na-
2 tional Guard shall be appointed by the Governor and commissioned in
24
3 the grade to which appointed, as follows: One Surgeon General with
4 the rank of colonel; one surgeon for each brigade with the rank of
5 lieutenant colonel from the senior surgeons with the rank of major;
6 one surgeon for each regiment with the rank of major, from assistant
7 surgeon with the rank of captain of the field hospital or permanent
8 detachment in which the vacancy occurs; one assistant surgeon for
9 each regiment with the rank of captain from assistant surgeon with the
10 rank of first lieutenant of the field hospital or permanent detachment
11 in which the vacancy occurs; one assistant surgeon for each regiment
12 with the rank of first lieutenant from the field hospital or permanent
13 detachment in which the vacancy occurs, by appointment after a com-
14 petitive examination, held under regulations, in which the candidates.
15 shall be given the following order of preference: 1-enlisted men of
16
the detachment in which the vacancy occurs. 2-duly qualified citizens.
SEC. 31. Brigadier generals of brigades and Surgeon Generals with
2 the rank of colonel appointed under this act upon the completion of
three years' service as such, unless reappointed, shall be retired from
1
د
1
active service, and their names shall be placed on the retired list.
5 the event of a junior colonel of a brigade being appointed brigadier
6 general of such brigade, the colonels of such brigade senior to such ap-
7 pointee shall be retired from active service, and their names shall be
8 placed upon the retired list.
SEC. 32. All officers except department officers and officers of the
1
2 personal staff of the Commander-in-chief, shall be retired from active.
3 service upon reaching sixty-four years of age, and their names shall
4 thereupon be placed on the retired list.
SEC. 33. Any officer not being at the time under charges, may, on
2 his own application, be retired from active service and his name shall
3 thereupon be placed on the retired list, or upon his resignation duly
4 accepted he may be discharged from the service.
1 SEC. 34. The Governor may at any time order any officer of the
¿
1
25
2 Michigan National Guard before an examining board, which board shall
3 thereupon proceed to examine such officer for the grade in which he is
4 commissioned; this board shall report the result of such examination,
5 and if such report shall be adverse to said officer, he shall thereupon
6 be retired and his name shall be placed upon the retired list; and if
7 any officer shall refuse or neglect to report for examination before such
8 board, he shall be immediately retired. All examinations held under
9 the provisions of this act or under regulations, shall be commensurate
10 with the office to be filled and shall include character, capacity, record
11 and qualifications.
1 SEC. 35. All officers who shall serve in the Michigan National Guard,
2 may, upon their honorable retirement from active service, whether on
3 their own application or otherwise, be carried upon a roll established
4 and maintained in the office of the adjutant general, together with the
4-H. F. 75.
26
5 officers now upon said roll, which roll shall be designated "The Michi-
6 gan National Guard Retired List," and shall be entitled to wear, on occa-
7 sions of ceremony, the uniform of the highest rank which they may have
8 held. The officers so carried may be eligible to detail or appointment,
9
if otherwise qualified by law, to any office or duty in the Michigan Na-
tional Guard not otherwise provided for, and when so appointed shall
11 be recommissioned in accordance therewith, which rank shall be held
12 during the time of such appointment. In the event of a second or sub-
sequent retirement, the name of such officer shall be entered on such
13
14
15
no officer shall be placed upon said retired list unless his total period
17
16
of service in the Michigan National Guard shall have been not less
1
roll as of the highest rank previously held: Provided, however, That
than five years.
1
SEC. 36. No officer on the retired list shall be entitled to receive
2
any pay or emolument whatsoever from the State during the time he
3 remains on the retired list, except for duty performed while detailed
4 on duty therefrom temporarily. In case an officer on the retired list
5 shall be reappointed and recommissioned therefrom, he shall only be
entitled to the pay and allowance provided by law for officers of the
7 rank named in his last commission.
SEC. 37. No person shall be appointed and commissioned as an offi-
2
cer of the Michigan National Guard unless he shall be a citizen of the
3 State of Michigan and twenty-one years of age
or
over, shall
27
4 be appointed and commissioned
such officer, except in the
5 medical department or as a chaplain, unless he shall have served at
6 least two years in the military establishment (regular or volunteer) of
the United States, or of the organized militia of this State or one of
8 the states or territories of this country or the District of Columbia, or
9
in actual field service of at least three months during the Civil War
as
10 or the Spanish-American war or Philippine Insurrection. Nor shall
11 any person be appointed, reappointed or promoted, except in the Ad-
1
12 jutant General's Department, the Inspector General's Department, the
13 Quartermaster's Department, or as a personal aide-de-camp to the Com-
14 mander-in-Chief, until his fitness for the office shall be certified to by
15
an examining board, which examination shall be commensurate with
16 the office, and shall include character, capacity, record and military
17 ability. No person shall be appointed in the Judge Advocate General's
18 Department unless he be duly licensed to practice law in the State of
19 Michigan. No person shall be appointed in the Medical Department
21 gan.
20 unless he be duly licensed to practice medicine in the State of Michi-
22 dained minister.
1
No person shall be appointed Chaplain unless he be a duly or-
SEC. 38. The Governor, by and with the advice of the State Military
2 Board, is hereby authorized and empowered to make application to the
3 Secretary of War to have all or such portions of the Michigan National
4 Guard, as he may deem advisable, take part in the encampments, maneu-
28
10
5
vers or field instruction of the army, or for regular troops to take
6 part in encampments within the State. The Governor, by and with the
7 advice of the State Military Board, is hereby authorized and empow
8 ered to establish annually one or more camps in suitable places for
9 the instruction of the Michigan National Guard, and shall procure
10 suitable tents, camp equipage, utensils and ammunition for the accom-
11 modation and use of troops in said camps, and may order into said
12 camp or camps, to be kept therein for such period of time as he may
13 deem expedient, any company, regiment or other organization, and
14 may designate the officer to command such camp or camps.
SEC. 39. The authority of the officer or officers in command of the
2 camps respectively, may be extended by order of the Governor to a
3 distance of one mile around such camps, and upon such external space,
1 no persons other than the owners of the same, with their servants, for
1
5
the purpose of occupying and improving the same, in the same man-
10
6
ner and way they occupied and improved the same at the time such
7 camps shall be established, shall be allowed to enter except under such
8 rules as shall be established by the commanding officers of the said
camps respectively, or by special permission of the officer in command
for the time being, or some officer by him designated, and if any per-
9
10
11
1
son shall so enter he may be immediately expelled.
SEC. 40. In case of riots, tumults, breaches of the peace, or formi-
2 dable resistance to the execution of the laws of the State, or of the
29
3 United States, within the State or reasonable apprehension of im-
4 mediate danger thereof, with which the civil authorities are unable to
5 cope, upon application by telegram, or otherwise, of any United States
6 marshal, mayor of a city, or sheriff of a county, the Governor may
7 order into actual service, all or such portion of the Michigan National
8 Guard as he may deem requisite for the emergency. If the Governor
9 be absent or cannot be communicated with, any such civil officer may,
10 in case of great emergency, make such application to the Adjutant
11 General, who may, if he deem the danger great and imminent, order
12 out the Michigan National Guard, or such portion thereof as he may
13 deem necessary to meet the emergency. Such order shall be given
14 direct to the commanding officer of that portion of the Michigan Na-
15 tional Guard so ordered into service. Upon the receipt whereof, such
16 commanding officer shall communicate the same immediately to each
17
of his subordinate officers, and the company officer receiving the same
18 shall immediately communicate the substance thereof to each member
19
of the company, or if any such member cannot be found, a notice in
20 writing, containing the substance of such order, shall be left at the
21
23
last and usual place of residence of such member with some person
22
of suitable age and discretion, to whom the contents of such notice
shall be explained, or shall be mailed to him direct at his last known
24 postoffice address. If any officer receiving such order shall fail to give
25 such notice as required thereby, or by law, or shall fail to appear at
26 the time and place so ordered prepared for duty, he shall be punished
27 by dismissal, or by fine or imprisonment or both, as a court martial
28 may direct, and if any enlisted man, after being duly notified, shall
29 refuse or neglect to appear at the time and place for rendezvous prop-
30 erly prepared for duty, or shall fail to obey any order issued in such
case, he shall be deemed to be a deserter, and be punished by a fine of
31
30
32 not less than Fifty Dollars and not more than Three Hundred Dollars;
33 and any person who advises or endeavors to persuade an officer or sol-
34 dier to refuse or neglect to appear at such place, or to obey such order,
35 shall be punished by imprisonment, not exceeding six months, or by
36
a fine not exceeding One Thousand Dollars, or both. But physical in-
37 capacity to perform military duty, dangerous sickness in the family
38 of any such officer or enlisted man, or absence at the time such notice
39 was served, when such absence was not intended to avoid such notice
40
or service, and when he shall join for duty on his return, if his com-
41 mand is still in actual service, shall excuse such default.
1
SEC. 41. Whenever the Michigan National Guard, or any portion
2 thereof, shall be ordered into actual service under the provisions of
3 the preceding section, the commanding officer shall be subject to the
4 general direction of the sheriff or other civil officer who shall require
5 his aid; but in the execution of movements and the means to be em-
6 ployed to accomplish the purpose for which said military force shall
7 be called into service, the same shall be under the orders of the Com-
8 mander-in-chief, and the military officers immediately in command
9 thereof. It shall be the duty of the commanding officer in all cases
10 when so called into service to provide each of the men of his command
11
so ordered out with at least twenty rounds of ball cartridge, and arms
12 in complete order for actual service.
31
1
SEC. 42. Every commanding officer shall be subject, as hereinafter
2 provided, to the public officer who shall require his aid, and for neglect-
3 ing or refusing to carry into effect the orders of such public officers,
4
or for interfering, or in any way hindering or preventing the men of
5 his command from performing such duty, or in any manner by neglect
6
or delay preventing the due execution of law, every such commanding
7 officer, and every commissioned officer under his command so offending,
8
shall be liable to a fine of not less than One Hundred Dollars nor more
9 than Five Hundred Dollars, and in addition thereto such officer shall
1
}
10 be tried by a court martial, and, if found guilty shall be dismissed
11 the service; and any enlisted man who shall neglect or refuse
12 to obey the order of his commanding officer in the case herein pro-
13 vided, shall be liable to a fine of not more than One Hundred Dollars.
SEC. 43. Whenever it shall be necessary for any or all of the officers
2
or men of the militia to travel upon any railroad of this State, whether
3 steam, electric or otherwise, or any passenger steamboat line, such
4 railroad or railroads or such passenger steamboat line shall furnish
5 transportation at the rate of one cent per mile for the whole distance
32
6 to be traveled for each officer or enlisted man so carried, and all sta
7 tion or ticket agents or conductors shall sell first-class tickets, or fur-
со
nish first-class passage, at the rate named upon being notified that such
9 officer, or officers, or enlisted men are traveling upon military duty.
Such notification may be by telegraph, or by filing a copy of the order
with such station or ticket agent, or conductor or upon presentation
12
of a requisition for military transportation. Whenever it shall be
10
11
13 necessary to transport the stores, materials, camp equipage, horses or
arms belonging or pertaining to the military establishment of this
14
15 State, or any portion thereof, the railroad or railroads or steamboat
16 line of this State over which the same may be transported, shall charge
17 not to exceed one-half the rate charged for the same class of goods to
18 other shippers.
1
10
2 give bonds in such sum and with such surety or sureties as shall be
3 required by the State Military Board, for the care and safekeeping of
4 all military property and the proper disbursement of moneys which
may at any time be under their charge and control, and to account for
6 the same, which bonds shall be approved by the State Military Board.
7 Upon the giving of such bonds, and their approval as aforesaid, com-
8 pany commanders, adjutants and quartermasters shall be entitled to
9 pay, from the date of said bond, at the rate of One Hundred Dollars
10 each per annum, payable by the Quartermaster General. The Adjutant
5
SEC. 44. Officers accountable for military property or moneys, shall
33
11 General of each brigade shall receive for his services as such, the sum
12 of One Hundred and Fifty Dollars per year, payable yearly by the
13 Quartermaster General.
'
1
SEC. 45. All officers and enlisted men shall receive for each day
2 actually spent by them on duty in the encampments authorized by this
3 act, on actual service, or on any duty under orders of the Governor,
4 and for the time necessarily spent by them in traveling from their
5 homes to the place of rendezvous, and in returning to their homes, the
6 following compensation, together with the necessary transportation, to-
7 wit: To each enlisted man below the rank of corporal, One Dollar and
:
8 Twenty-five cents per day; to each corporal, One Dollar and Thirty-
five Cents per day; to each non-commissioned officer, above the rank
10 of corporal and below the rank of first sergeant, and to each cook, One
11 Dollar and Forty-five cents per day; to first sergeants and all non-com-
12 missioned officers above the grade of first sergeant and below regi-
13 mental sergeant major, One Dollar and Fifty-five Cents per day; and
14
to regimental sergeants, major, One Dollar and Sixty-five cents per day;
15 and to each enlisted man, subsistence, the cost of the same not to ex-
19
16 ceed Seventy Cents per day, the difference between the cost of rations
17 and Seventy Cents per day to be paid in money to said enlisted men
18 at the time of the payment for such service. To all officers, except offi-
cers of the various departments, the pay and allowances as fixed by
5--H. F. 75.
34
20 law or regulations for officers of the army of the same rank in the
21 service of the United States, together with the necessary expense of
23 ments on permanent duty, the salary of their office and the necessary
24 expenses hereinbefore provided except when on duty outside of the State
25 or at one of the encampments, or upon special duty when expressly
26 ordered by the Governor, then to be the pay and allowances of their
27 grade as above provided for other officers; to the Governor's staff, their
28 actual and necessary expenses when on duty away from their home
29 station, and when ordered to an encampment or other military duty,
then to be the pay and allowances of their grade as above provided for
32
31 other officers: Provided, That in case of all officers who, under this act,
horses for the mounted officers; to the officers of the various depart-
33 pay of their grade shall be in lieu of such annual salary during the
34 time for which it is paid: And Provided further, That generals of the
35 brigades and the commander of the naval brigade, as members of the
36 State Military Board, shall each receive an annual salary of Five Hun-
39
are paid an annual salary of more than One Hundred Dollars, the
37 dred Dollars: And Provided further, That hereafter, each officer upon
38 his first appointment as an officer shall be paid the sum of Fifty Dol-
lars as an equipment allowance: And Provided further, That any offi-
41
40
cer or enlisted man guilty of drunkenness at any annual encampment,
or on the way to or from such encampment, shall forfeit all pay for
42 that entire tour of camp duty, and it shall be the duty of the officer
"
43 charged with making the pay rolls, to note the fact of intoxication or
drunkenness against the name of the person guilty thereof.
1.
4
35
2 for each day actually spent by them on duty, in case of riot, tumult,
3 breach of the peace, resistance of process, or whenever legally called
upon in aid of the civil authorities, and for the time actually spent
5 by them in traveling from their homes to the place of rendezvous, and
6 in returning to their homes; the compensation provided by section 45
7 of this act. Such compensation, subsistence, and allowances and cost
8 of transportation and the cost of all ammunition used or purchased
SEC. 46. All officers and enlisted men shall receive for their service
9 for use by any officer in command of the National Guard so called
12
10 out, shall be audited and allowed by the Auditor General when de-
1
tailed bills are presented, properly certified by the commanding offi-
cer of such troops and approved by the Quartermaster General. The
&
13 Auditor General shall, upon auditing and allowing such accounts,
14 draw his warrant therefor upon the State Treasurer who is hereby
15 authorized and required to pay same, and any such sums so audited
16 and paid are hereby appropriated out of the moneys in the general
1
17 fund not otherwise appropriated. And the Auditor General shall charge
18 all such moneys so drawn to the county or counties in which such
19 service is rendered, to be collected and returned to the general fund
20 in the same manner as any other county indebtedness to the State is
21 required by law to be collected and returned to the general fund.
36
1
2 abled while in service in case of riot, tumult, breach of the peace, re-
3 sistance of process, or whenever called in aid of the civil authorities,
4 he shall be taken care of and provided for during such disability at
5 the expense of the county where such service shall have been rendered;
6
and in case of death or permanent disability in consequence of such
со
SEC. 47. In case any officer or enlisted man shall be wounded or dis-
7 service, he or his widow and children or next of kin, shall receive such
10
1
9 reasonable, payable out of the moneys in the general fund of the State,
2
relief as the Board of State Auditors shall determine to be just and
not otherwise appropriated.
:
SEC. 48. Payments for service shall be made as soon as practicable.
Payments on company pay rolls may be made to Company Commanders;
on other pay rolls to the quartermaster of such organization.
1 SEC. 49. There shall be paid to each and every officer and enlisted
2 man for attendance and performance of duty at regular drills not to
3 exceed forty drills in any one year, said drills not to be of less than
4
one and one-half hours actual duration, the following sums, viz.-All
5 below the rank of corporal twenty cents, corporals twenty-five cents,
6 sergeants thirty cents and all enlisted men above the rank of sergeant
7 forty cents; and to each enlisted man qualifying as a marksman shall
8
be paid the additional sum of ten per cent, to each sharpshooter fifteen
9
per cent and to each expert rifleman twenty per cent of the pay due
10 his rank for attendance at regular drills for the year succeeding that
37
11 in which said qualifications were made. Said amounts shall be due
13
12 and payable semi-annually on April Thirtieth and October Thirty-first
each year and shall be allowed and paid out of the funds annually pro-
14 vided for the support of the organized militia.
15
Provided, That any officer or soldier absenting himself without a
16 reasonable and satisfactory excuse from any regular drill, special drill,
17 inspection, parade or target practice, shall forfeit a sum equal to the
1
18 amount to which he would have been entitled for attendance at a regu-
19
1
lar drill, and the same shall be noted on the pay roll and deducted
20 from his pay: Provided further, That any officer or soldier dishonor-
21 ably discharged shall forfeit all pay and allowances provided by this
22 act: Provided further, That no sum shall be allowed except for actual
23 presence and duty performed at any of the aforesaid regular drills.
SEC. 50. No pay provided for in this act shall be paid to any soldier
~
1
until after an inspection is had of all military property, for which such
3 soldier is responsible, and the cost value of any shortage, damage or
4 unnecessarily injured property may be deducted from the amount due
5 such soldier before the sum is paid.
-
SEC. 51. The Quartermaster General shall deliver from the military
2 property in his charge, as a loan to the commanding officer of each
3 brigade, regiment or company of the Michigan National Guard, uni-
4 forms, arms and equipments, camp equipage and such other military
5 property as may be necessary; and each officer to whom such property
38
6 is delivered, shall receipt for and be responsible for the safe keeping
7
of the same; and in case of the discharge or death of such officer he or
8 his legal representatives shall be released from such responsibility upon.
9 filing in the office of the quartermaster general, a bond with sufficient
10 sureties, or the certificate of the officer succeeding him, that the articles
11
so furnished are, at the date of the certificate, in good order and con-
12 dition, reasonable use and wear thereof excepted. The Quartermaster
13 General, on the written application of the commander of a company of
14 the Michigan National Guard duly organized, shall furnish suitable
15 uniforms, arms and equipments at the expense of the State, and to
16
17
18
19
1
2
those companies not occupying an armory furnished by the State, a
sum not to exceed four hundred dollars a year for armory rental. When-
1.
ever any articles are furnished as aforesaid to any of the Michigan Na-
tional Guard, the same shall be deposited and kept in such armory.
SEC. 52. All commissioned officers shall provide themselves with
such uniforms and equipments as may be required by regulations or
3 orders. Every enlisted man shall be furnished with such uniform and
4 equipment as is prescribed by regulation or orders.
SEC. 53. All officers and enlisted men who may be in the actual
2 service of this State or of the United States in all cases (except for
3 treason, felony or breach of the peace) shall be privileged from arrest
and imprisonment during the time of such actual service, and for a
5 period of six months after such service shall cease and their separate
•
39
6 property shall, during the same period, be exempt from all process by
7
8 prior to or during such service: Provided, however, That the time dur-
9 ing which any such person shall be in such actual service shall not be
10 computed in the limitation for the bringing of any action or the pro-
22
11 ceeding provided by the general laws of this State.
SEC. 54. The officers, soldiers and civilian employees with troops in
2 field, garrison, camp or in the armories at the home station, or under
1
3 orders from the commander of the organization shall be taken to be
way of execution, levy, seizement or attachment for debts contracted
4 soldiers and subject to be tried by courts martial for all offences pre-
5 scribed in the laws of the United States for the government of the
6 armies of the United States and amendments thereto, known as "Arti-
10
7 cles of War" and for all offences prescribed by this act and the State
8 regulations.
1
5
2 courts martial, regimental courts martial, summary courts and courts
of inquiry. They shall respectively have cognizance of the same sub-
4 jects and possess like powers and be organized and governed by the
same procedure as similar courts provided for in the United States
16 Army, subject to such modifications and changes as may be prescribed
1
SEC. 55. The military courts of this State shall consist of general
7 by State regulations.
t
SEC. 56. The judge advocate of any court martial or summary court
2 officer in summary courts may issue subpoenas to compel the attend-
40
3 ance of witnesses before such courts, and may compel the production.
4
of books, records and papers before it and may cause to be detailed an
6
5 enlisted man to act as process server, who shall be vested with the
powers of constable in relation thereto. Any person refusing or neglect-
;
7 ing to obey the mandate of said court, either by refusing or neglecting
10
8 to attend or in refusing to give testimony in said court, shall forfeit
9 the sum of not exceeding Fifty Dollars, to be imposed by said court
for each offence, and any respondent who has been duly ordered or cited
11
to appear before said court and refuses or neglects so to do, shall for-
12 feit a sum to be imposed by said court not in excess of One Hundred
1
13 Dollars. Said sum so forfeited may be recovered in an action of as-
14 sumpsit before any court of competent jurisdiction upon the complaint
15
of the judge advocate or summary court officer as the case may be, and
when collected shall be paid into the state military fund. The record
17
of the court imposing said fine shall be prima facie evidence of said
18 debt in any actions thereon.
SEC. 57. All fines and penalties or forfeitures of moneys due by rea-
2 son of sentence, imposed or declared under this act shall be noted upon
any and all pay rolls and be deducted therefrom until the same are
4 collected; or upon complaint being made to the prosecuting attorney
5 of the county where any offence provided by this act was committed or
6
fine or penalty incurred, it shall be his duty to prosecute the offender
3
7
or delinquent by the appropriate criminal or civil proceedings.
For
1
1/
8 the purpose of collecting any fines, penalties, forfeitures, or money sen-
9 tences imposed either by the military tribunals or by the courts of this
10 State, all benefits by way of exemption, either in the general laws or
11 the garnishment laws of this State are unavailable until the fines, pen-
12 alties, forfeitures or money sentences imposed under any section of
13 this act, are realized.
1
SEC. 58. Any person who shall wantonly or intentionally injure or
2 destroy any uniform or equipment, or other military property and re-
fuse to make good such injury or loss, or who shall sell, dispose of, re-
3
4
10
5
41
10
move or secrete such uniform or equipment or property, or shall re-
fuse to deliver the same to any officer entitled thereto, or who uses or
6 wears, except in the performance of military duty or by special per-
7 mission of his commanding officer, any such uniform or military prop-
8 erty, shall be deemed guilty of a misdemeanor and on conviction thereof
9 shall be fined not to exceed One Hundred Dollars or imprisoned in the
10 county jail, not to exceed three months, or both such fines and im-
11 prisonment in the discretion of the court.
1 SEC. 59. Any officer or soldier who shall refuse to account for and
2 to surrender up any moneys or any uniforms or equipment or other
3 military property which may come into his possession, or who shall
4 appropriate the same to his own use, or who shall knowingly make a
false pay roll or sign a false certificate which is the basis for the pay-
,
6-H. F. 75.
42
}
6 ment of moneys under this act, or who shall aid or abet another in any
7 of said acts, shall be guilty of embezzlement and punished as the crim-
8 inal laws of the State may direct.
1 SEC. 60. All penalties and forfeitures provided for by this act, or
2 fines imposed by a military court, shall revert to and be paid into the
3 military fund.
1
SEC. 61. Armories shall be constructed and equipped by the State, for
2 the use of the permanent organized militia of the State, as hereinafter
3 provided. To provide a fund for this purpose there shall be assessed
4
on the taxable property of the State, as fixed by law in each year, the
5
00
Armories.
6 and the tax so assessed shall be paid into the treasury of the State in
sum of one-twentieth of a mill on each dollar of said taxable property,
7 like manner as other State taxes are, by law, levied, assessed and paid.
13
Said tax shall be levied and paid into the State Treasury until the
amount raised shall be sufficient to provide each organization of the
10 permanent organized militia with an armory under the terms of this
11 act. If the last assessment necessary under this act shall raise a sum
12
in excess of the amount necessary to erect the armories, herein provided
for, said excess shall revert to and be paid into the general fund of the
14 State. The amounts raised under the provisions of this section for build-
15 ing armories shall be paid into and carried by the State Treasurer in a
16 fund known as the armory building fund. This money shall be paid out'
}
17 by the treasurer upon the warrant of the State Military Board, ap-
18 proved by the Governor in the same manner as funds are paid out of
19 the military fund upon the warrant of the Military Board, and they
20 shall be paid out only for the purpose of erecting and equipping armories,
21
43
1
as hereinafter provided.
SEC. 62. The Military Board shall have general supervision of the
2 preparing of plans and specifications for armories, of letting contracts
3 for the erection, furnishing and equipping the same, and of providing
4 for the inspection of the erection thereof. And all expenses connected
5 therewith shall be a charge on, and be payable out of the armory build-
6 ing fund. The State Military Board shall have power to accept land for
7 sites for armories, said sites to be without cost to the State of Michigan,
8 and take title thereto in the name of the State of Michigan, and shall
9 bring necessary action for the purpose of condemning land for armory
10 building sites. The Military Board shall have power to procure title paper
11
to property and cause examination thereof to be made, and to condemn
12 property for the purpose of using same for armories erected under this act.
13 When it is necessary to condemn lands for the purpose of this act, the Mili-
14 tary Board shall have power to cause proceedings therefor to be instituted
17
15 by the State of Michigan for the purpose of obtaining such land and said
16 proceedings shall be started, maintained and terminated in the same man-
ner as is now provided by law when it becomes necessary for the State of
18 Michigan to condemn property for public purposes, and it is hereby de-
44
19 clared that the use of lands for Armory building sites is a necessary public
20 purpose. When the State Military Board deems it advisable to erect an
21 armory for any of the organizations of the National Guard, they shall
cause plans, specifications and estimates to be prepared for an Armory
22
23
at the place they have so directed, and when the same shall have been
24 prepared and approved by the Governor they shall proceed to erect said
25 Armory as hereinafter directed in this act.
SEC. 63. Before proceeding to the erection, equipping or furnishing of
2 armories under the preceding section, the State Military Board shall
3 advertise for sealed bids for the erection, equipping and furnishing of
4 the same, and which advertisement shall be published in one paper
5 where the armory is to be erected and also in a paper devoted to the
6 interests of the building and contractors' trade having a general cir-
1
7 culation throughout the United States. All bids received under said
S
CC
advertisement shall be filed in the office of the Adjutant General and
9 must be accompanied by a forfeit consisting of a deposit of cash or a
10 certified check equivalent to two per cent of the estimate for said
11
Armory, conditioned upon the bidder entering into a contract, provid-
12 ing his bid is accepted and all money forfeited shall be placed to the
13 credit of the Armory Building Fund. Upon the day specified in said ad-
14 vertisement the bids received shall be opened by the Military Board,
15 and the lowest bid which complies with the plans and specifications sub-
16 mitted shall be accepted. If a bid so made is accepted, the State
17 Military Board shall cause to be prepared a contract and bond be
18 tween themselves as representing the State of Michigan, and the con-
19 tractor for the completion of the Armory and the protection of the
Such contract and bond shall be prepared by the Attorney Gen-
eral of the State and shall provide for the completion of the Armory
22 and to protect the State for the pay of material, men and employees.
23 Said contract may provide for payments from time to time in the
24 manner therein specified, but in no case shall the advance payment
20
25 exceed Eighty-five Per Cent of the bid. When the armory is completed
26 the Military Board shall inspect the same, and if satisfied shall file its
27 report to that effect with the Governor, and not until such report is
28 filed and approved by the Governor shall the final payment be made
upon said contract. Upon opening bids as aforesaid, the Military Board
29
45
30
may reject any and all bids, and may re-advertise for bids.
31 of default, the Military Board can sue on the bond and advertise for
32 other bids for the completion of the work. In all cases where it is neces-
33 sary to condemn lands, examine abstracts, sue on bonds, or have other
In case
34 legal work done, the Attorney General shall represent the Military
35 Board in said work or litigation.
1
SEC. 64. The Military Board shall have power to receive from
t
2 counties, cities, municipalities or other sources donations of land or
3 contributions of money to aid in providing or erecting armories through-
4 out the State of Michigan, for the use of the National Guard of Michi
46
LO
5
6 National Guard of the State of Michigan, and counties, cities or munic-
00
7 ipalities are hereby authorized to make such contributions for the pur-
8
11
9 for the purpose of raising money for said contribution, if the Board
1
gan, and which shall be held as other property for the use of the
10
of Supervisors of the county or the Common Council of a city by a
poses of this act, and are authorized to purchase land or issue bonds
10
majority vote decide to do so.
2 one company shall be Thirty Thousand Dollars, which shall be exclusive
3 of and in addition to any gift or donation made to and for the benefit
4 of any particular armory. If any organization of the National Guard
5 of this State shall have an armory of their own erected by themselves,
SEC. 65. The maximum amount to be expended by the State for any
6
or by any persons for them, and the title thereof is in said organization,
7 the Military Board shall have authority, if its action is approved by
8 the Governor, to purchase said armory and take the title thereof in
1
palak
11 equipping, shall in no case exceed the amount allowed for a company
the State, and to alter, repair, furnish and equip said armory, but
the amount so paid for said armory, alterations, repairs, furnishing and
12 under the provisions of this section, and shall not exceed the actual
13 value thereof.
1
SEC. 66. Upon the disbandment of an organization of the National
2 Guard of Michigan, occupying and using an armory provided by the
3 State, it shall be the duty of the Quartermaster General to take charge
47
4 of such Armory, and when directed by the Governor he shall sell said
5 Armory at public or private sale at such time as directed by the Mili-
6 tary Board, and after due publication for the highest price that can
7 be obtained for the same he may reject any and all bids so received,
7
8 and shall turn the proceeds thereof in the State Treasury to be de-
9 posited to the credit of the Armory building fund heretofore created.
SEC. 67. The Military Board shall made a report annually of
1
2 the proceedings incident to the location and management of such
3 armories, respectively; also, a detailed account of disbursements; which
I
4 shall be filed in the office of the Auditor General, and a copy furnished
5 the Adjutant General for publication in the Biennial Report of the
6 Adjutant General's Department.
1
For each armory erected under the provisions of this law,
2 there shall be a Board of Control which in the case of armories occu-
3 pied by one or more companies, and less than a battalion, shall consist
4
of the three line officers highest in rank, belonging to the organization
5 therein quartered. In case of an armory occupied by a battalion or
6 squadron it shall consist of the battalion or squadron commander and
7 the four highest ranking line officers of the organization quartered
8 therein. In case the armory is occupied by a force larger than a bat-
9 talion or squadron it shall consist of the seven highest ranking field.
10
or line officers in the organization quartered therein. One officer of
11 each board of control herein provided for shall be designated as a dis-
48
12 bursing officer, by said board of control, and shall give a bond to the
13 Quartermaster General for the proper disbursement of funds coming into
14 his hands for the maintenance of the Armory to which he is attached.
1 SEC. 69. For the purpose of providing for the expense hecessary for
67
the maintaining, heating and lighting of the armories of the permanent
3 organized militia herein provided, or such portion thereof in each as is
4 used or occupied by an organization of the permanent organized militia.
LO
5
The Board of Control of such armories shall receive from the Quarter-
6 master General of the State out of the Military Fund the following
7 armory allowances which shall constitute an armory maintenance fund
J
8 in the hands of the disbursing officer of said Board of Control; single
9 companies occupying an armory, or a portion thereof, $600.00 per an-
10 num. Two or more companies occupying the same armory, or a portion
11 thereof, an annual amount equivalent to $500.00 for each company oc-
12 cupying said armory; said annual armory allowance shall be paid by
the Quartermaster General to the said disbursing officer in equal semi-
14 annual payments on January 1st and July 1st of each year: Provided,
15 That amounts paid to organizations of the Michigan Naval Brigade or
16 to disbursing officers, for the maintenance of armories wherein divisions
17 of the Naval Brigade are quartered, shall be paid out of the funds pro-
18 vided for the maintenance of the Michigan Naval Brigade.
1 SEC. 70. The armories erected, constructed and owned by the State
2 of Michigan, by virtue of this act, shall be for the use and benefit of the
3 permanent organized militia quartered therein. They shall be used for no
4 other purpose except as hereinafter provided. The sale to, or use by the
5 National Guard of intoxicating liquors therein is absolutely prohibited
6 and any officer or enlisted man guilty of violating this portion of the
7 law shall be punished as a court martial may direct. The Board of
8 Control may rent the armory to outside parties for temporary purposes
9 subject to regulations to be prescribed by the State Military Board.
10
49
11 armory maintenance fund of the Board of Control of said armory. The
The money derived from rental of said armory shall be paid into the
Board of Control of armories shall make such reports of the receipts
13 and expenditures of funds coming into their hands under this act for
the maintenance of armories, as the State Military Board shall, from
15 time to time, prescribe in regulations.
1 SEC. 71. The State Military Board may quarter units of the Michi-
1
J
2 gan Naval Brigade in the same armory as the Michigan National Guard
3 and in such case for the purpose of those parts of this act for the use
4 of the armory the use of the word company shall include a division.
SEC. 72. The State Military Board shall also furnish without charge
2 in each of said armories, provided for in this act, a suitable lodge room,
LI.
...
3 with the necessary ante rooms and store rooms, for the use and occu-
4 pation of the Grand Army of the Republic, Woman's Relief Corps or
5 Ladies of the Grand Army of the Republic and the Sons of Veterans:
7-H. F. 75.
50
6 Provided, however, That the expense of lighting, maintenance and care
7 of said lodge room, ante rooms and store rooms shall be paid by the
8 organizations using and occupying them, and not by the Board of
1
SEC. 73. Any company of the Michigan National Guard may adopt
2 such rules for the regulation of its business affairs not inconsistent
4
3 with this act and the State Regulations, as a majority of its members
shall deem proper and subject to approval by the Military Board. The
5 officers of battalions, or regiments occupying the same armory, shall
have like power. All moneys received by company commanders for the
7
use of such companies shall be appropriated by a majority vote of such
8 company or in pursuance of its rules. Any commanding officer may
9 recommend the dishonorable discharge from the Michigan National
6
Control of the Armory.
10 Guard of any enlisted man of his command for offences against such
11
rules prescribed as above, or against the State laws or regulations or
12 against the Articles of War of the United States; such recommendation
13 under such rules as may be prescribed by regulation may be deemed
14 sufficient cause for the dishonorable discharge of such person from the
15 service.
1 SEC. 74. Not more than one hundred and fifty contributing members
2
may be enrolled in each company of the Michigan National Guard not
3 supplied by the State with an armory. Each of such contributing mem-
4 bers shall pay into the treasury of such organization annually, not less
5.1.
5 than Ten Dollars. Upon the payment of such annual dues such con-
6 tributing member shall receive from the commanding officer of such or-
7 ganization a certificate, and shall be exempt during the ensuing year
8 from all jury duty and poll tax. The fund derived from the dues of
9 contributing members shall be accounted for and used in accordance
10 with the rules of the said organization.
1
SEC. 75. A sum not exceeding Five Thousand Dollars may be ap-
2 propriated from the State Military Fund in each year for the promo-
3 tion of rifle practice in the Michigan National Guard, to be expended
4 under the direction of the State Military Board, and the State Mili-
5 tary Board is hereby authorized to use a part of said sum in defraying
6 the expenses of such members of the Michigan National Guard as may
7 be selected to be sent to the National or State competitions in rifle.
8 practice.
1
1 SEC. 76. Each member of the National Guard who has served or
2 who will have served honorably, for a period of six years as shown by
3 the records in the Adjutant General's office will be entitled to receive.
4
a service medal of suitable design to be selected by the Military Board
5 and for each successive period of six years an additional medal, the
6 length of service for which medals are given to be inscribed on same,
7 and may be worn on occasions of ceremony except such as be pro-
8 hibited by orders of the War Department.
SEC. 77. For the purpose of providing the expenses necessary to
52
t
CO
2 carry out the provisions of this act, it shall be the duty of the Audi-
3
tor General, at the time of appropriating the State taxes, to appor-
LO
tion among the several counties of the State each year in proportion
5
to the whole amount of real and personal property therein as equalized
6 by the State Board of Equalization, a sum equal to six cents for
7 each person, who, as it shall appear by the last preceding census,
was a resident of this State, which sum so appropriated shall be col-
Со
9 lected in the same manner as other State taxes, and shall constitute
10 the State Military Fund. Such fund provided and created for the ex-
pense of the Michigan National Guard shall be a continuing fund
13 fund or purpose.
12 available only for that purpose and shall not be diverted to any other
♡
1. SEC. 78. All expenses incurred for the maintenance of the Military
2 forces of this State by virtue of any of the provisions of this act, un-
less otherwise provided, shall be paid by the State Treasurer from
4 out of the Military Fund in the State Treasury, upon the warrant of
5 the Auditor General.
1 SEC. 79. The Auditor General shall, and he is fully authorized and
3
2 empowered to draw his warrant upon the State Treasurer for all ex-
penses made or created under this act upon the estimates of the Quar-
4 termaster General, approved by the Governor and the State Military
5 Board, unless otherwise provided herein: Provided, That the accounts
6 and vouchers for the expenditures of money drawn by the Quarter-
53
8 by the Auditor General before he shall issue his warrant for any new
master General on previous estimates, shall be filed with and audited
9 estimate: Also Provided, That whenever by any sudden emergency, it
10 is necessary for the Governor to call out the troops, or any portion
11 thereof, to suppress riots or disorders, money may be drawn upon the
12 estimate of the Quartermaster General properly approved by the Gov-
13 ernor and State Military Board without waiting for the auditing of
14 accounts and vouchers on previous estimates.
1
In accepting and uniforming new companies, in providing
2 armory rental, and in ordering annual encampments, the Governor
3 and the State Military Board shall at all times be restricted and gov-
1.
4 erned by the limits of the Military Fund, to the end that no costs or
5 expenses thereof, shall be incurred beyond the amount which the
6 moneys in that fund will defray.
SEC. 81. The following acts are hereby repealed: Act number six-
teen of the session laws of eighteen hundred sixty-two, entitled "An
3 act for the reorganization of the Military forces of the State of Michi-
4 gan," and all acts amendatory thereof; section fifty-two, fifty-three,
5 fifty-four and fifty-five of chapter twelve of the revised statutes of
6 eighteen hundred forty-six; act one hundred twenty-four of the ses-
7 sion laws of eighteen hundred seventy-one, entitled "An act to pro-
8 vide for the payment of the salaries of the military officers of the
9 State of Michigan;" act number two hundred one of the public acts
54
10 of eighteen hundred eighty-nine, entitled "An act to regulate the
11 charges for transporting the State troops, stores, material, camp
12 equipage, horses and arms upon the railroads of this State;" act num-
13 ber sixty-four of the public acts of eighteen hundred ninety-five, en-
14 titled "An act to regulate and govern the appointment of staff officers
15 in the Michigan National Guard;" said acts being sections fifteen hun-
16 dred seventy-five to sixteen hundred eighty-six inclusive of the com-
17 piled laws of eighteen hundred ninety-seven; also the following acts:
18 Act number one hundred fifty of the public acts of eighteen hundred
19 eighty-one, entitled "An act to provide for the enrollment of contribut
20 ing members in each company and battery of State troops," being sec-
tion sixteen hundred eighty-nine of the compiled laws of eighteen hun-
22 dred ninety-seven; also act number forty of the public acts of eighteen
23 hundred seventy-seven, entitled "An act to provide for, or facilitate
the incorporation of military or light guard companies for certain
25 purposes," being sections eighty-four hundred fifty-four to eighty-four
26 hundred sixty-four inclusive of the compiled laws of eighteen hundred
27 ninety-seven; also act number two of the session laws of eighteen hun-
28 dred ninety-eight, entitled "An act to promote the efficiency of the
29 Michigan National Guard and Naval Militia of the State, and to pro-
vide for the organization of the volunteer militia in case of emergency."
21
24
31 Also joint resolution number seven of the session laws of eighteen
32 hundred eighty-three, entitled "Joint resolution for the encouragement
A
33 of rifle practice in the regiments and battalions of State troops." Also
34 act number five of the session laws of eighteen hundred ninety-eight
35 entitled "An act to protect members of the State militia and all citi-
zens of the State of Michigan in the service of the United States and
37 their property from execution, seizure and levy, and to provide for
38 the contingiance of pending suits in law and chancery in the event of
36
39
55
41
40 entitled "An act to amend act number forty of the public acts of eight-
war. Also act number one hundred three of the public acts of 1901,
een hundred and seventy-seven, entitled 'An act to provide for or facili-
42 tate the incorporation of military or light guard companies for cer-
43 tain purposes,' being section eight thousand four hundred forty-four
44 and eight thousand four hundred sixty-four of the compiled laws of
45 eighteen hundred ninety-seven by adding thereto a new section to
46 stand as section twelve." Also act number two hundred four of the
51
47 public acts of nineteen hundred one, entitled "An act to increase the
48 efficiency of the military establishment of the State of Michigan, to
49 repeal all former acts or parts of acts inconsistent with the provi-
50 sions of this act." Also act number two hundred fifty-one of the pub-
lic acts of nineteen hundred three, entitled "An act to amend sections
52 nine, ten, eleven, sixteen, twenty and twenty-five of an act, entitled
53 'An act to increase the efficiency of the military establishment of the
54 State of Michigan and to repeal all former acts or parts of acts in-
sistent with the provisions of this act,' approved June 6, nineteen
56
56 hundred one." Also act number one hundred eleven of the public acts
57 of nineteen hundred five, entitled "An act to amend sections nine,
58 eleven, twenty-five and sixty-seven of act number two hundred four of
59 the public acts of nineteen hundred one, entitled 'An act to increase
60
the efficiency of the military establishment of the State of Michigan
and to repeal all former acts or parts of acts inconsistent with the
62 provisions of this act,' and to add two new sections there to stand
61
63 as sections sixty-eight a. and sixty-eight b.": Provided, however, that
64 all corporations heretofore formed for the purpose of purchasing or
65 erecting and constructing an armory or other edifice or hall which were
66 formed under the provision of any of the acts heretofore repealed, shall
67 be continued and are authorized to continue and exercise their cor-
68 porate functions under said acts for the period for which they were
69 incorporated in accordance with the acts under which they were or
70 ganized: And Provided further, Nothing in this act shall be construed
71
as amending, modifying, or repealing any of the provisions of act
72 number one hundred eighty-four of the session laws of eighteen hun-
73 dred ninety-three, entitled "An act to provide for the enrollment, or-
74 ganization, equipment, maintenance and discipline of the Naval Militia.
75 of the State."