/ 2, 6-c1 || T3 Base º a . ****** sm ** STATE OF MICHIGAN ' ' GENERAL LIBRARY University of Michigan / LAWS OF 1917 2. 2-ºxº~~ - *_r. - - - -- A g. * - * . Af' .. / 2: … 2 (2 ºz. 2, & ( a . j. ** ' - MILITARY AFFAIRS / 1–$5,000,000 War Loan Act. 2–Amending Act of 1909, providing for the military estab- lishment. 3–Pay of Enlisted Men. 4–Amending Naval Militia Act. 5—Military Training in High Schools. 6–Payment of Claims of Veterans of Spanish-American - War. *º-ººººººººººººººººº-º-º-º-º-º-º: PASSED BY LEGISLATURE OF 1917 PRINTED BY AUTHORITY . DENNIS E. ALWARD, Secretary of the Senate CHARLES S, PIERCE, Clerk of the House of Representatives sENATE BILL NO. 328 (ENROLLED NO. 57). (Foster-Petermann Bill.) Act No. 97, Public Acts of 1917. AN ACT authorizing a war loan and providing for the disbursements of the proceeds therefrom and for a war loan sinking fund for the purpose of liquidating the loan. Whereas, The United States has reached a crisis making it likely that the President shall call on the state of Michigan for troops and for a naval contingent; and Whereas, It has become necessary for the several states to be pre- pared for all calls of a military nature made by the general govern- ment; therefore: f The People of the State of Michigan enact: Section 1. That the governor and state treasurer be and they are hereby authorized and directed, in the name and on behalf of the people, and upon the faith and credit of this state, for the purpose of repelling invasion and defending the state and nation in time of war against all enemies and opposers whatever, to purchase and contract for a loan or loans for such sum or sums of money as may from time to time be neces- sary for the purposes of this act specified, not exceeding five million dol- lars in all, on the most favorable terms that, in their judgment, can be ob- tained, redeemable at the pleasure of the state at any time not more than twenty years from the thirtieth day of April, nineteen hundred seventeen, at a rate of interest not to exceed four per cent per annum, payable semi-annually on the first days of May and November in each year. Such loans shall be known as “the Michigan War Loan of Nine- teen Hundred Seventeen.” The proceeds of such loans shall be credited to the war fund and shall be paid out in no other manner and for no other purpose than in this act specified. The principal, as well as the interest, accruing upon the notes or bonds issued under this act shall be payable from the war loan sinking fund hereinafter provided for. Sec. 2. For the purpose of effecting the loan or loans herein author- ized, the governor and state treasurer are hereby empowered and di- rected to cause to be issued notes or bonds of the state of Michigan from time to time, as may be deemed necessary and advisable, in sums not less than one hundred dollars each, to be signed by the governor and countersigned by the secretary of state and state treasurer, with the seal of state affixed thereto, and with or without the coupons for interest thereto attached. The notes or bonds shall be drawn in favor of the 4 auditor general, and when endorsed by him become negotiable in such manner and payable at such places as the governor and state treasurer may deem expedient. * Sec. 3. The moneys arising from the sale of the notes or bonds by this act authorized to be issued, shall be paid into the treasury of the state to the credit of the war fund, and shall be drawn therefrom upon the warrants of the auditor general, which warrants shall be issued up- on proper requisitions of the war preparedness board referred to in section nine hereof, after the governor shall have certified that the amount stated in the requisition is needed for the purposes specified in this act: Provided, That warrants may be issued by the auditor general upon proper vouchers certified by the governor for advances made or authorized by the said board for expenditures incurred for the purposes in this act specified before such fund shall have been available. f Sec. 4. The moneys provided by this act may be used for the follow- ing purposes: (1) For the purpose of carrying on recruitment service to obtain the quota of men and organizations required by the federal government; (2) To provide a fund for the care of dependents of the enlisted force raised by this state under such rules and regulations as may be pre- scribed ; (3) For the preparation, maintenance and equipment of mobilization camps and stations within this state; (4) To provide suitable equipment for enlisted men and officers; (5) To provide an insurance or beneficiary fund for soldiers or their dependents in case of death or disability growing out of their military service; * (6) For an organization of home defense units and the proper equip- ment of the same; (7) To provide for training schools for officers and the maintenance thereof; * (8) For the organization of auxiliary relief work within the state; (9) For such other purposes not herein specifically enumerated as may be deemed necessary in the discretion of the governor for the pur- pose of state and national defense. Sec. 5. All claims and accounts accruing against this state for ex- penses and disbursements authorized by this act, shall be audited by a special auditing committee of said board to be designated by the gover- nor in the same manner that other accounts are now audited and allow- ed by the board of state auditors. Sec. 6. The notes and bonds issued under this act shall be numbered consecutively and registered in a book provided for this purpose, which shall be kept in the auditor general’s office. This register shall contain the date of the note or bond, the number, to whom issued, and the amount of each note or bond; also the date of redemption, number of each note or bond, of whom received and amount of each note or bond. There shall also be kept in the auditor general's office a register show- ing the date of the note or bond, the number, amount, date each coupon is due and the cancellation of such coupons as are paid, with reference to the number of the voucher paying the same. Whenever any such ſº *) notes or bonds shall be paid, the same shall be immediately canceled by the treasurer and the auditor general shall also keep a full record of all the notes or bonds taken up and paid, as provided above. And imme- diately after the record shall have been made as aforesaid, the notes or bonds so paid shall also be cancelled by writing across the face of each note or bond, which cancellation shall be signed by the auditor general and state treasurer, and such notes or bonds thus cancelled shall be filed with the voucher as the basis of the auditor general’s warrant for their payment. Sec. 7. For the purpose of providing for the payment of the notes or bonds issued under this act, and the interest thereon, it shall be the duty of the auditor general to add to and incorporate in the state tax for the year nineteen hundred seventeen the sum of two hundred fifty thousand dollars, and for each year thereafter a like sum until the several amounts levied under this act shall become sufficient to extin- guish the debt authorized herein, and which sums when so levied and collected shall be credited each year to the war loan sinking fund as herein directed: Provided, That the last levy necessary under this act shall be for such sum only as may be necessary to extinguish the re- mainder of the debt. Sec. 8. The faith of the state is hereby pledged for the payment of principal and interest of the notes or bonds which may be made or is- sued under the provisions of this act. Sec. 9. It shall be the duty of the governor, by and with the advice and recommendations of a war preparedness board consisting of the governor, who shall be the chairman of said board, the attorney gen- eral, the auditor general, the state treasurer, the secretary of state and the superintendent of public instruction of the state, to expend such part of the above fund as may be necessary to carry out the purposes specified in section four in this act. Sec. 10. Nothing in this act contained shall be construed as pre- venting the governor and the state treasurer from borrowing any part or portion of the loans authorized by means of promissory notes or other evidences of indebtedness, upon the faith and credit of the state, when such loans may be made advantageously in any other manner than by the issuance of bonds, and all such sums borrowed on promis- sory notes shall be redeemable and paid according to the tenor thereof, in the same manner as if such loans were made by means of the bonds referred to in this act. Bonds and other evidences of indebtedness is- sued under authority of this act shall be exempt from taxation in this State. Sec. 11. The provisions of this act are hereby declared to be within the purview of section ten, article ten of the constitution of this state, and immediately necessary for the preservation of the public peace and safety. This act is ordered to take immediate effect. 2 HOUSE BILL NO. 418 (ENROLLED NO. 27). (Culver Bill.) * . Act No. 53, Public Acts of 1917. AN ACT to amend sections three, six, seven, eight, nine, eleven, twelve, thirteen, fourteen, fifteen, sixteen, twenty-one, twenty-two, twenty- four, twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty, thirty- one, thirty-two, thirty-three, thirty-four, thirty-five, thirty-six, thirty- seven, forty-one, forty-four, fifty, fifty-six, sixty, seventy, seventy-one and seventy-four, and to repeal sections forty-nine and fifty-five of act number eighty-four of the Public Acts of nineteen hundred nine, as amended by act number sixty-seven and act number one hundred seventy-two of the Public Acts of nineteen hundred eleven, and act number three hundred eleven and act number four hundred five of the Public Acts of nineteen hundred thirteen, and acts numbered seventy- two, seventy-three and one hundred fifty-seven of the Public Acts of nineteen hundred fifteen, entitled “An act to increase the efficiency of the military establishment of the state of Michigan, to make an appropriation therefor, and to repeal all former acts or parts of acts inconsistent with the provisions of this act,” approved May twelve, nineteen hundred nine, and to add two new sections to said act to stand as sections seven-a and seven-b. The People of the State of Michigan enact: Section 1. Sections forty-nine and fifty-five of act number eighty- four of the Public Acts of nineteen hundred nine, being sections nine hundred twenty-four and nine hundred thirty of the Compiled Laws of nineteen hundred fifteen, are hereby repealed, and sections three, six, seven, eight, nine, eleven, twelve, thirteen, fourteen, fifteen, sixteen, twenty-one, twenty-two, twenty-four, twenty-six, twenty-seven, twenty- eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-three, thirty- four, thirty-five, thirty-six, thirty-seven, forty-one, forty-four, fifty, fifty- six, sixty, seventy, seventy-one and seventy-four of act number eighty- four of the Public Acts of nineteen hundred nine, being sections eight hundred seventy-eight, eight hundred eighty-one, eight hundred eighty- two, eight hundred eighty-three, eight hundred eighty-four, eight hun- dred eighty-six, eight hundred eighty-seven, eight hundred eighty-eight, eight hundred eighty-nine, eight hundred ninety, eight hundred ninety- one, eight hundred ninety-six, eight hundred ninety-seven, eight hun- dred ninety-nine, nine hundred one, nine hundred two, nine hundred three, nine hundred four, nine hundred five, nine hundred six, nine hundred seven, nine hundred eight, nine hundred nine, nine hundred ten, nine hundred eleven, nine hundred twelve, nine hundred sixteen, nine hundred nineteen, nine hundred twenty-five, nine hundred thirty- one, nine hundred thirty-five, nine hundred forty-five, nine hundred / 7 forty-six and nine hundred forty-nine of the Compiled Laws of nine- teen hundred fifteen, entitled “An act to increase the efficiency of the military establishment of the State of Michigan, to make an appropria- tion therefor, and to repeal all former acts or parts of acts inconsistent with the provisions of this act,” approved May twelve, nineteen hundred nine, are hereby amended and two new sections are added to said act to stand as sections seven-a and seven-b, said amended and added sec- tions to read as follows: - Sec. 3. In case of actual or threatened war against, insurrection in, or invasion of the state, or in case of actual rebellion in or war against the United States, or in case the President of the United States shall make requisition on the Governor of this State, or in any case where there shall not be enough voluntary enlistments to keep up the pre- scribed strength of the reserve battalions provided for in the act of Congress approved June third, nineteen hundred sixteen, the governor may order out by draft, voluntary enlistment, or otherwise, the whole or so much of the militia of the state as the public necessity demands, and he may also in like manner order out any portion of the militia for the service of the state to suppress riots and to aid civil officers in the execution of the laws of this state or of the United States; 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 shall notify the sheriff of each county from which any draft is so required of the number of persons his county is to furnish. Upon the requisition of the governor being received by the sheriff, he shall immediately per- sonally notify the county clerk, or, in case of the absence of such clerk or his inability to act, then his legally authorized deputy or deputies, who shall repair to the office of the county clerk and in public shall copy by name or number from the supervisor’s roll of each township, city or ward of such county, all persons who are so returned as liable to perform military duty; such names or their corresponding numbers shall be placed on slips of paper of the same size and appearance, as near as practicable, which slips so named or numbered shall be placed in a box suitable for that purpose and the number required to fill such draft or requisition shall be drawn therefrom in the same manner as jurors are by law now drawn. All persons so drawn and liable to per- form military duty shall be determined to be legally held to serve in the manner and for the purpose and time specified in the requisition, and the sheriff shall notify the persons so drafted, orally or in writing, at what time and place they shall appear. - Sec. 6. When troops of the state of Michigan are called into the field for the purpose of recruiting them originally or keeping organiza- tions up to the maximum strength, the Governor may detail officers of the National Guard, National Guard Reserve or naval forces, to act as recruiting officers or in any other requisite capacity, and assign them to duty at such points in the state as he may designate. Such officers may be of any rank and shall be paid the pay proper and allowances. of officers of like grade in the United States army or navy. Sec. 7. The militia organized as a land force, comprising the Michi- gan National Guard, and the militia organized as a naval force, in cases of war, rebellion, invasion, the suppression of riots, or aid of civil offi- 8 cers in the execution of the laws of this State, shall be the first to be ordered into service. Whenever the President of the United States shall require the mobilization of all or any part of the Michigan Na- tional Guard or Michigan naval force for Federal service, it shall be the duty of the governor to organize and bring into the service of the state of Michigan such number of similar organizations as may be deemed necessary to its adequate protection, in addition to the National Guard Reserve provided for in the act of Congress approved June third, nine- teen hundred sixteen, and upon the relief from Federal duty of any such organizations so mobilized, the governor may disband such number of similar organizations herein provided for as may be deemed desirable: Provided, however. That such additional troops and organizations called into the service of the State shall be designated as Michigan State Troops, and shall be subject only to the orders of the governor of this state. Each person enlisted in such Michigan State Troops shall be required to take an enlistment oath and sign an enlistment contract in writing, in such form as shall be prescribed by the governor, and each officer appointed and commissioner shall take the oath prescribed by the constitution of this state. The term of enlistment shall be the period of three years, unless sooner discharged, and all commissions shall be in force only during the pleasure of the governor. When acting under orders of the governor, the officers of such organizations, and the enlisted men thereof, shall receive the same pay and allowances as pre- scribed for the Michigan National Guard under this act. All expenses of organizing, equipping, maintaining, training, and When necessary, of employing and transporting the said Michigan State Troops provided for herein, shall be paid out of the war loan fund of nineteen hundred seventeen, under such rules as may be prescribed: Provided further, That the governor shall prescribe the form of organization and the units of the Michigan State Troops, the uniforms to be worn and the rules of discipline to govern same, which rules shall include as far as practicable the laws, rules and regulations governing the Michigan National Guard, while in service of the State. The governor in time of war may appoint and commission a personal staff not to exceed five officers of the rank of colonel, who shall serve without pay, but who shall be entitled to actual expenses and transportation, when on duty, under the orders of the governor. During the absence from the state of the State Military Board or a quorum of same under orders from the Federal authority, the War Preparedness Board, which shall consist of the governor, as chairman, the attorney general, the secretary of state, the state treasurer, the auditor general, superintendent of public instruction, shall constitute and take the place of the State Military Board, and shall have charge of and jurisdiction over all matters dur- ing such time as would otherwise devolve upon and come under the jurisdiction of the State Military Board, created under section eighteen of this act. The governor shall issue his orders relieving the regular Military Board from duty, when necessary, under this section. The duties of the adjutant general and the quartermaster general with re- spect to said board shall be and continue as prescribed in this act. Sec. 7-a. The state, by and through the said War Preparedness Board, shall furnish aid for the dependents of any soldier enlisting in the state * 9 or in the federal service of the United States and accredited to the state of Michigan, or being subject to call of the President and answering such call, to the extent and under the rules herein pre- scribed or authorized. The dependents to whom such aid may be ex- tended shall consist of the wife, widow, child or children under sixteen years of age, or being above that age crippled or deformed and physical- ly unable to earn a livelihood and dependent upon the support of such soldier, parent or parents, brothers or sisters, actually dependent upon such soldier, and residing in this state, and any member of such soldier's immediate family resident in this state dependent in whole or in part upon the support of such soldier. The aid so furnished by the state shall not exceed the following limits: For a wife without chil- dren, twenty dollars a month; for a wife and children, twenty dollars, and seven dollars and fifty cents a month for each child, respectively; for other dependents, not to exceed twenty dollars a month for the de- pendent family as a whole. Upon satisfactory evidence of actual or presumptive need, it shall be the duty of the said board to order the payment of such a sum as may be necessary, within the limits prescrib- ed herein, and it shall be the duty of the auditor general each month to draw his warrant upon the state treasurer for the several amounts al- lotted, after a determination shall have been made and until the said board shall determine that further aid is unnecessary. The board shall classify its accounts, orders, vouchers and other transactions to produce a uniform system of accounting. Any order for relief may be modified from time to time either as to individuals or as to classes in the dis- cretion of the board, as the facts may appear. The said War Prepared- ness Board shall make such rules and regulations as may be necessary and reasonable respecting the manner in which such aid shall be ex- tended, and may prescribe the blanks for application, and such further rules as may be necessary to facilitate its work and to prevent fraudu- lent or unworthy application of the state funds herein authorized to be used for the purposes of this section. Sec. 7-b. The board shall investigate and determine upon a method of insuring and shall insure the soldiers of this state in or awaiting ac- ceptance in the federal service, either by means of general insurance, or by the creating of a beneficiary fund, to provide for the payment of a mortuary or casualty benefit to such soldiers as may be killed or die, or be disabled in the service, or to their dependents as defined in section seven-a of this act. Such insurance shall in no individual case exceed a mortuary benefit of one thousand dollars, or a casualty benefit of five hundred dollars, except that total disability shall entitle the insured to a sum not to exceed one thousand dollars. Total disability shall be as defined in act number ten, Public Acts of nineteen hundred twelve, First Extra Session. The said board is hereby authorized to pay all premiums out of the state funds at their disposal in case the method of insurance adopted shall be general insurance in authorized insurance companies, and shall pay all mortuary or casualty benefits out of such funds, in case such board determines that the state shall carry its own insurance under this act. The board shall adopt such rules and regulations to carry out the provisions of this section as they may deem advisable. The said board is hereby authorized to accept con- 10 tributions of money from private contributors, or from the several counties, cities or villages of the state, and to disburse such contribu- tions according to the terms or conditions upon which received, or in case of unconditional gifts, to add the same to the general funds at their disposal. All moneys’ paid out by the said board or authorized by them to be paid out under the provisions of this act shall be by war- rant upon the Michigan war loan fund or upon such separate appor- tionment thereof as may be made by such board. Sec. 8. Before any person shall be enlisted into the service of the State under the provisions of this act, he shall take the prescribed oath or affirmation, which shall be administered to him by the enlisting officer or by some person authorized to administer oaths. The enlist- ing officer or the officer administering such oath or affirmation shall certify on the enlistment paper that the person whose name appears thereon did take the said oath or affirmation, which certificate signed by him shall be sufficient evidence that the person named therein did take the said oath or affirmation before him. All officers of the military or naval forces of this State shall be empowered to administer oaths of enlistment, and the same shall have as full force and effect as if made before a civil magistrate or other person competent to administer Oaths. All commissioned officers, before entering upon their duties, shall take and subscribe the prescribed oath of office, which oath shall be filed with the Adjutant General of the State, except as otherwise provided. Sec. 9. The Michigan National Guard shall consist of such organ- izations, individual officials, staff corps and staff departments as may be prescribed from time to time by proper authority, and not less than three regiments of infantry, one troop of cavalry, one battery of field artillery, a corps of engineers, a signal corps, one brigadier general for each brigade, the adjutant general of the state, an adjutant general’s department, an inspector general’s department, a quartermaster corps, an ordance department, a judge advocate general’s department and a medical department. - -- Sec. 11. The staff corps and staff departments consist of such per- sonnel as may be prescribed from time to time by the war department, except as otherwise provided for herein, or if not prescribed by the war department, then the various staff corps and staff departments shall consist of such number of officers and enlisted men as may be fixed from time to time by the State Military Board, subject to such limitations as may be prescribed in this act: Provided, That no officer shall be appointed in any such staff corps or staff departments with rank higher than colonel. The chief of staff, hereinafter prescribed, when not in the service of the United States, shall have supervision of all staff corps and staff departments. The adjutant general’s depart- ment shall include the adjutant general of the state with rank of colonel, who shall also be inspector general of the state. The quarter- master corps shall include the quartermaster general of the state. The adjutant general and the quartermaster general shall be at the head of their various departments. The quartermaster general shall have charge of and be responsible for all property purchased for the use of the national guard or drawn for its use from the United States govern- 11 *s ment, regardless of whether the property is quartermaster, ordnance, signal, or engineer property, or medical supplies, so that the responsi- bility for property and money expenditures shall be centered in one office; he shall also be the property and disbursing officer for the United States. Whenever in this law reference is made to the quartermaster's department, it shall be understood to mean the same as if it read quartermaster corps. Nothing in this amendment shall be held or so construed as to discharge any officer from any of the various staff corps or staff departments, or to deprive any officer of the commission which he now holds. Sec. 12. Staff officers, including officers of the pay, inspection, subsist- ence and medical departments, hereafter appointed, shall have had previ- ous military experience and shall hold their positions until they shall have reached the age of sixty-four years, unless retired prior to that time by reason of resignation, disability, or for cause to be determined by a court-martial legally convened for that purpose, and vacancies among said officers shall be filled by appointment from the officers of the militia of Michigan. Upon occurrence of a vacancy in any office in the adjutant general’s department, inspector general’s department, judge advocate general’s department, quartermaster corps and ordnance de- partment, said offices shall be filled by the governor from among a list of officers of the Michigan National Guard, recommended upon their merits and under proper regulations, for these respective offices by the State Military Board. No person shall be appointed the adjutant gen- eral or quartermaster general, unless he shall have served at least ten years as an officer in the military establishment, regular or volunteer, of the United States, or of this state, or of one of the states or terri- tories of the United States. Sec. 13. The adjutant general and quartermaster general shall each devote his entire time to the duties of his office, and shall each receive from the state military fund as salary, the amount fixed by law or regulations for officers of the army of the same rank in the service of the United States, and there shall also be allowed and paid to each of said officers such sums as may be necessary to pay his actual expenses while engaged in the performance of his duties while away from his office under orders. - SEC. 14. The office of the adjutant general and the office of the Quarter- master general shall each be maintained at Lansing. During the ab- sence from the State or disability of either the adjutant general or the Quartermaster general, his duties shall be performed by such officer as may be designated. Sec. 15. The adjutant general’s department is the department of records, orders and correspondence of the militia. The adjutant gen- eral shall be entitled to use the coat of arms of Michigan with the words added thereto “State of Michigan, Adjutant General’s Office” as his seal of office. He shall subscribe to and file his constitutional oath of office with the secretary of state within twenty days of his ap- pointment and before entering upon the duties of his office. He shall make such returns as are required by the war department and the gov- ernor. He shall in each year prepare a return of the organized militia of this State, exhibiting its full numerical strength, which return he y 12 shall deliver to the chief of staff and through him to the Governor on or before the thirty-first day of December. He shall perform all other duties relating to the National Guard, Naval Militia, and unorgan- ized militia, arms and military stores of this State as are required of him by law or regulations. He shall make and submit to the chief of staff, and through him to the Governor, and through him to the legis- lature, biennially, a detailed report of the work of his department and of the other departments of the military service, with such recommenda- tions as he may deem necessary to promote the good of the service and the military interests of the state. The adjutant general shall deliver to every person entitled thereto on demand a certificate showing that such person has served according to law and regulations in the Michi- gan National Guard or Michigan Naval Militia six consecutive years, and such certificate shall thereafter entitle said person to an exemption from all poll taxes, jury duty at his option, and from all state military duty, except in case of invasion, insurrection or rebellion. Every per- son issuing, obtaining or using such certificate improperly or unlaw- fully shall be liable to the penalty provided by law for misdemeanors. He shall maintain a record of the efficiency of the active officers of the Michigan National Guard, to be compiled as prescribed in orders or regulations. Sec. 16. Regulations to carry out the various provisions of this act may be from time to time prescribed, changed, altered, amended, re- pealed or revoked, as deemed requisite, desirable or necessary, and such regulations and changes therein, when approved by the governor and filed in the office of the secretary of state, shall have the force and effect of law. Sec. 21. The Commander-in-chief, by and with the advice of the State Military Board, is authorized to organize new units for the Michi- gan National Guard, or to disband, arrange, alter, divide, annex or con- solidate any of the units, or to transfer the units of one battalion or regiment to another battalion or regiment, as requisite, necessary or as authorized by the National defense acts of Congress. sº - Sec. 22. Brigadier generals of the line shall be appointed from offi- cers of the grade of colonel of the line. Promotions of officers of the line, other than brigadier generals, of the signal corps, of the engineer corps and of the medical department, of the Michigan National Guard, when in the service of the United States, shall be by seniority by regi- ment or branch of service. Promotions of officers of the line other than brigadier generals, and of the signal corps, of the engineer corps and of the medical department, of the Michigan National Guard, when not in the service of the United States, shall be based on seniority and selec- tion as prescribed from time to time in regulations: Provided, That no officer shall necessarily be promoted by seniority to a special unit or to a unit whose home station is other than the place of his residence: And provided, That such regulations may provide for promotion by Seniority by company, by battalion, by regiment, or by home station of each or any of Such units. Appointments as officers of the line, or signal corps, or engineer corps or medical department, shall be limited to officers or enlisted men of the National Guard; officers, active or retired, and former officers of the United States army navy and marine * 13 corps; graduates of schools, colleges and universities where military science is taught under the supervision of an officer of the regular army; and in addition thereto, for the signal corps, engineer corps and medical department, such civilians as may be especially qualified for such duty. Whenever a vacancy shall exist for an officer of the line, or the signal corps, or the engineer corps or the medical department, in the lowest grade, when not in the service of the United States, a board of officers may be convened to receive applications for such vacancy and to ar- range them in the order of probable fitness, as determined by such board: Provided, That when any organization is in the service of the United States, appointments in the lowest grade in such organization may be made as prescribed above, or on the approved recommendation of the proper commanders. All officers will be commissioned by the governor. - * Sec. 24. Upon the organization of any new unit of the Michigan National Guard, the appointment of officers therefor shall be so made as to comply with the requirements of the war department, and such appointments as do so comply shall be lawful under this act. Sec. 26. Upon the disbandment of any unit of the Michigan National Guard, commissioned officers rendered surplus thereby shall be dis- charged or transferred to the National Guard Reserve on recommenda- tion of the State Military Board. Sec. 27. Any officer entitled to promotion by seniority may volun- tarily waive promotion, in which case the officer next in order of senior- ity shall be entitled to such promotion: Provided, That no officer shall be permitted to waive promotion to the same office more than two times. In case all the officers of the next lower grade entitled to pro- motion by seniority to any office waive such promotion, such vacant office shall be filled in the manner prescribed for filling a vacancy in the lowest grade. Sec. 28. The designation “company,” as used in this act, shall be understood and construed to mean a company of infantry, artillery. engineers, signal corps, or medićal department, a battery of field artillery, a troop of cavalry, or any detachment of the aforesaid organ- izations, or a permanent detachment of the medical department as- signed to a line or staff organization, a field hospital, or a band. The designation “batallion” applies in like manner to squadron of cavalry. Whenever in this act the term “regiment” is used, such term shall be construed to mean a battalion, squadron, or company, if such unit be the largest permanent organization of its arm or branch of the service. Actual service shall be understood and construed to be service in case of riot, tumult, breach of the peace, resistance of process, whenever call- ed upon in aid of civil authorities, at encampments, or upon any other duty requiring the entire time of the organization or person. Active service shall be such other services as may be required under law, regu- lations, or by orders from the governor. The terms “in the service of the United States” and “not in the service of the United States,” used herein, shall be understood to mean and be the same as such terms are used in the National defense act of Congress approved June third, nine- teen hundred sixteen. Sec. 29. Staff officers for the various units will be designated from 14 among the officers of such units of appropriate grade, by the proper commanding officer, as prescribed for similar organizations of the United States army. If no available officer be deemed suitable for staff duty by the officer having authority to designate him, and if there be an appropriate vacancy existing, such commanding officer may recom- mend a person otherwise complying with law as to eligibility for ap- pointment to the requisite grade in the appropriate arm or branch of service, and such recommendation shall be sufficient authority for such appointment. Sec. 30. Officers of the line or of any of the staff corps or staff depart- ments, who would be entitled to promotion by length of service were they in the regular army, shall be entitled to such promotion after the same length of service in the National Guard in this present or former plan of organization. - Sec. 31. In order to permit a steady flow of promotion, the senior officer of the line and the senior officer in the medical corps should trans- fer to the National Guard Reserve after serving three years in such capacity in the National Guard, except when the National Guard is in the service of the United States. Sec. 32. All officers shall be retired from active service upon reaching sixty-four years of age, and their names shall be placed on the state retired list. Sec. 33. Any officer not being under charges may on his own ap- plication be transferred to the National Guard Reserve, or upon accept- ance of his resignation he may be discharged. Sec. 34. At any time the moral character, capacity and general fit- ness for the service of any National Guard officer, not in the service of the United States, may be determined by an efficiency board detailed by order of the governor, of three commissioned officers, senior in rank to the Officer whose fitness for service shall be under investigation, and if the findings of such board be unfavorable to such officer and be ap- proved by the governor, he shall be discharged. If any officer shall re- fuse or neglect to report for examination before such board for a period Of three months, he shall thereupon be discharged for absence without leave, and no other duty performed during such three months shall be considered as being present within the meaning of this act. Sec. 35. All officers who shall have served in the Michigan National Guard, may, upon their honorable retirement from active service, whether on their own application or otherwise, be carried upon a roll maintained in the office of the adjutant general of the state, designated the list of retired officers of the Michigan National Guard. Sec. 36. No officer on the retired list shall be entitled to receive any pay or emolument whatsoever from the state for military duty during the time he remains on the retired list. Sec. 37. The intent of this act and all acts of the state of Michigan affecting the National Guard, Naval Militia and unorganized militia is to conform to all acts and regulations of the United States affecting the same subjects, and all acts of the state of Michigan shall be con- strued to effect this purpose, and anything to the contrary shall be held to be null and void as long as the subject matter shall have been acted on by the United States; and upon any subject not acted upon 15 with reference to these matters by United States authority, any act of the state shall be in full force and effect. Sec. 41. Whenever the Michigan National Guard or any portion thereof shall be ordered into actual service under the provisions of the preceding section, the commanding officer shall be subject to the general direction of the sheriff or other civil officer who shall require his aid; but in the execution of movements and the means to be employed to accomplish the purpose for which said military force shall be called into service, the same shall be under the orders of the Commander-in-chief and the military officers immediately in command thereof. It shall be the duty of the commanding officer in all cases when so called into service to provide each of the men of his command so ordered out with at least twenty rounds of ball cartridge, and arms in complete order for actual service. Whenever in such service, troops shall always be amenable to the civil authorities as represented by the governor, and shall be privileged from prosecution by the civil authorities, except by direct order of the governor, for any acts or offenses alleged to have been committed while on such service. Sec. 44. In order to provide for the proper care, safekeeping of, and accounting for any military property, and to provide for the proper disbursement of and accounting for any money which may at any time come under the charge and control of any military officer, all officers of the Michigan National Guard, except the adjutant general and the Quartermaster general, may be bonded by a schedule bond in such sum and details and with such sureties as may be approved by the State Military Board, or in lieu of one such bond, several bonds may be au- thorized, either arranged according to the number of officers on each, or according to their various grades or offices. Such bonds shall be so drawn as not to include officers when in the service of the United States. Officers having actual charge of property pertaining to their respective organizations, or having charge of property required for the use of enlisted men, shall each receive for the care of such property, be- ginning with the date of their being covered by such bond, such allow- ance, payable semi-annually by the quartermaster general out of the state military fund, as may be prescribed for the various different offices by the State Military Board: Provided, That no such allowance shall exceed the sum of one hundred dollars per annum. Sec. 50. Inspections of military property for which soldiers are re- sponsible may be made at any time, and the value of any shortage, dam- age, or unnecessarily injured property may be deducted from the amount due such soldier before any sum due him shall be paid. Sec. 56. All processes and sentences of courts-martial may be ex- ecuted by a sheriff or his duly appointed deputy, and it shall be the duty of any such sheriff to execute all processes and sentences and to make return thereof to the officer issuing or imposing the same, in the same manner as is required by law in like cases before the civil courts of this State; and he shall be reimbursed therefor in the same manner as he is reimbursed in similar cases arising in civil courts. Sec. 60. All penalties and forfeitures provided by this act or fines imposed by military courts, except when deducted on a United States 16 pay roll or otherwise provided for by United States law, shall revert to and be paid into the state military fund. Sec. 70. For each armory there shall be a board of control consisting of the commanding officer and such other detailed officers as shall be prescribed by regulations, one of whom shall be disbursing officer. Boards of control shall have no control over military instruction and discipline. Control of military instruction and discipline in each armory is vested in the post commander. Sec. 71. For the purpose of providing for maintaining, heating, light- ing and renting of the armories of the permanent organized militia, or such portion thereof as is used or occupied by an organization of the permanent organized militia, the boards of control of said armories shall receive from the quartermaster general of the state, out of the state military fund, the following armory allowances, which shall con- stitute an armory maintenance fund in the hands of the disbursing offi- cers concerned : For each company occupying a state armory or a portion thereof, five hundred dollars per annum; for each company Occupying an armory not owned by the state in cities having two hun- dred fifty thousand inhabitants or more, one thousand dollars per an- num; and for each other company occupying an armory not owned by the state, five hundred dollars per annum : Provided, That the State Military Board may increase any of the amounts so allowed if it deem it necessary. Said annual allowances shall be paid by the quarter- master general of the state to the said disbursing officers in equal semi- annual payments on January first and July first of each year: Pro- vided, That amounts paid to organizations of the Michigan Naval Militia and to disbursing officers, for the armories where divisions of the Naval Militia are quartered, shall be provided out of funds pro- vided for the Michigan Naval Militia. Sec. 74. The company or unit commander shall be the post comman- der in an armory occupied exclusively by one company or unit, and in other cases the post commander shall be designated by the Com- manding general. All officers and enlisted men of the National Guard, wherever practicable, shall be provided with accommodations in some armory. This act is ordered to take immediate effect. 17 HOUSE BILL NO. 316 (ENROLLED NO. 43). (Introduced by Mr. Culver.) Act. No. 70, Public Acts of 1917: AN ACT to increase the efficiency of the military establishment of the state of Michigan and to make an appropriation therefor. The People of the State of Michigan enact: Section 1. There shall be paid to each enlisted man who participates in encampments, maneuvers, or other outdoor exercises of the National Guard, under the provisions of the National defense act of Congress of June third, nineteen hundred sixteen, or under the provisions of any other enactment of Congress having the same or similar objects, two dollars per day in addition to such amounts as he may be entitled to or paid by the federal government for such service, the above two dollars per day is to be the total amount received from the state of Michigan, and to each officer the increase of pay on account of length of service, as fixed by law or regulations for the regular army, for officers of the same rank in the service of the United States. The amounts herein prescribed shall be paid by the officer prescribed by law or regulations, and on pay rolls duplicating in form and names those on which federal funds are disbursed for the same organization and period. Sec. 2. Such amounts as may be necessary to provide the expense of carrying out the provisions of this act shall be a charge against the general fund of the state, and shall be drawn and disbursed by the quartermaster general of the state upon his estimate showing the amount of vouchers or pay rolls on hand for payment, and such amounts appropriated out of the general fund shall be and become a part of the state military fund. Sec. 3. There is hereby appropriated out of the general fund in the state treasury a sufficient amount to carry out the provisions of this act. The auditor general shall add to and incorporate in the state tax for the year nineteen hundred eighteen and annually thereafter a sufficient amount to reimburse the general fund in the state treasury for the amounts appropriated by this act. This act is ordered to take immediate effect. 18 HOUSE BILL NO. 492 (ENROLLED NO. S9). (Introduced by Mr. Culver.) Act No. 149, Public Acts of 1917. AN ACT to amend sections nine, ten, eleven, eighteen, twenty-three, twenty-seven, thirty-one, thirty-four, thirty-five, thirty-six, thirty- seven and thirty-eight, and to repeal sections three, four, five, six, seven, eight, twelve, fourteen, fifteen, sixteen, nineteen, twenty, twenty-one, twenty-four, twenty-five, twenty-six, twenty-eight and thirty of act number one hundred eighty-four of the Public Acts of eighteen hun- dred ninety-three entitled “An act to provide for the enrollment, or- ganization, equipment, maintenance and discipline of the Naval Militia of the state,” approved May thirty-one, eighteen hundred ninety-three, said amended sections being compilers' sections one thou- sand eight, one thousand nine, one thousand ten, one thousand six- teen, one thousand twenty, one thousand twenty-four, one thousand twenty-eight, one thousand thirty-one, one thousand thirty-two, One thousand thirty-three, one thousand thirty-four and one thousand thirty-five and said repealed sections being compilers’ sections one thousand two, one thousand three, one thousand four, one thousand five, one thousand six, one thousand seven, one thousand eleven, one thousand twelve, one thousand thirteen, one thousand fourteen, one thousand seventeen, one thousand eighteen, one thousand nineteen, One thousand twenty-one, one thousand twenty-two, one thousand twenty-three, one thousand twenty-five and one thousand twenty- seven of the Compiled Laws of nineteen hundred fifteen. The People of the State of Michigan enact: Section 1. Sections three, four, five, six, seven, eight, twelve, four- teen, fifteen, sixteen, nineteen, twenty, twenty-one, twenty-four, twen- ty-five, twenty-six, twenty-eight and thirty of act number one hundred eighty-four of the Public Acts of eighteen hundred ninety-three, en- titled “An act to provide for the enrollment, organization, equipment, maintenance and discipline of the Naval Militia of the State,” approved May thirty-one, eighteen hundred ninety-three, being compilers' sec- tions one thousand two, one thousand three, one thousand four, one thousand five, one thousand six, one thousand seven, one thousand eleven, one thousand twelve, one thousand thirteen, one thousand four- teen, one thousand seventeen, one thousand eighteen, one thousand nineteen, one thousand twenty-one, one thousand twenty-two, one thou- sand twenty-three, one thousand twenty-five and one thousand twenty- seven of the Compiled Laws of nineteen hundred fifteen, are hereby re. pealed, and sections nine, ten, eleven, eighteen, twenty-three, twenty- seven, thirty-one, thirty-four, thirty-five, thirty-six, thirty-seven and thirty-eight of said act, being compilers' sections one thousand eight, 19 one thousand nine, one thousand ten, one thousand sixteen, One thou- sand twenty, one thousand twenty-four, one thousand twenty-eight, one thousand thirty-one, one thousand thirty-two, one thousand thirty- three, one thousand thirty-four and one thousand thirty-five of the Com- piled Laws of nineteen hundred fifteen, are hereby amended to read as follows: *... Sec. 9. Such portion of the militia of Michigan as may be organ- ized as a naval force shall be separate and distinct from that portion organized as a land force. Sec. 10. For temporary military purposes in cases of actual service, the naval forces of Michigan, or any part or subdivision thereof, may be attached to organizations of the Michigan National Guard. Sec. 11. The militia organized as a naval force shall be organized as far as practicable in conformity with plans for naval organizations of militia prescribed from time to time by the navy department. Sec. 18. The compensation provided for in section seventeen, to be paid by the state, may be diminished by such sums as shall actually be paid by the United States. Sec. 23. Commissioned officers shall be appointed or selected as pre- scribed from time to time in regulations. Commissioned officers shall be commissioned by the governor. * Sec. 27. Regulations to carry out the various provisions of this act, or the requirements of any act of Congress, or of the navy department of the United States, may be from time to time prescribed, changed, altered, amended, repealed, or revoked, as deemed requisite, desirable, or necessary, and such regulations and changes therein, when approved by the governor and filed in the office of the secretary of state, shall have the force and effect of law. - Sec. 31. The governor may order into service for instruction and drill any portion or all of the naval forces of this State, the same to be performed either within or without the limits of the state of Michigan, and either on shore or afloat, as may be directed, authorized, or advis- able. Sec. 34. There shall be a State Naval Board, consisting of the adju- tant general of Michigan, the quartermaster general of Michigan, and the officers commanding respectively each battalion of the naval forces of Michigan. If the number of such battalions be even, then an addi- tional officer shall be designated by the governor from among the officers of such forces, who will thereupon become and be a member of such board, such detail to be changed from time to time as the governor may direct. The senior battalion commander shall be the president of the State Naval Board ex-officio and the Adjutant General shall be the recorder. - Sec. 35. The State Naval Board shall be an advisory board to the governor. No contract on behalf of the state exceeding an expenditure of three hundred dollars for naval purposes authorized by this act, un- less otherwise herein provided for, shall be valid against the State, until the same shall be approved by said board. The State Naval Board shall receive, examine and audit all claims and accounts for expenditures in- curred for naval purposes authorized by this act, unless otherwise pro- vided for, and upon requisition of said board, the auditor general shall 20 draw his warrant or Warrants for such sum or sums, not exceeding in all the appropriation herein made, on the state treasurer, who is hereby authorized to pay and charge the same to the state naval fund. When- ever necessary in the performance of their duties, any member of said board shall have power to administer oaths. The State Naval Board may prepare regulations from time to time to carry out the various provisions of this act, and such regulations, when approved by the governor and filed in the office of the secretary of state, shall have the force and effect of law. For their services as members of the State Naval Board, each member of said board, except the adjutant general and the quartermaster general, shall be paid at the rate of three hun- dred dollars per annum. The quartermaster general shall have general custody and charge of all arms, ammunition, uniforms, tents, boats and all other stores, property and supplies belonging to the state and in- tended for the use of the naval forces of the state, or belonging to the United States and loaned to the state for the use of the naval forces of the state unless otherwise provided by the United States, and shall be responsible for the same and make returns thereof and account for the same as required by law in case of other military property or stores entrusted to his care. He shall also be the disbursing officer of the naval fund of this state and of the United States apportioned to this state unless otherwise provided for by the United States. The State Naval Board is hereby authorized to take all necessary and proper steps for the employment of clerical assistance, the hiring of offices, the purchase of fuel, lights, stationery and books for the naval service, the hiring of storerooms for the safekeeping of such stores, and for the leas- ing or renting of premises necessary therefor, and to do all other acts necessary to enable it to carry out its duties as by law prescribed. The State Naval Board shall also have power to determine from time to time the sums which batallion commanders, executive and engineer officers and division commanders shall receive as salaries or allowances to cover expenses, or both, as may seem proper, but the amount of any such salary or allowance shall not in any case exceed one hundred dol- lars per year. All provisions of law now existing or hereafter enacted which shall define the powers and duties of the adjutant general and of the quartermaster general in regard to the Michigan National Guard, So far as the same are not inconsistent with the provisions of this act, or of any rule or regulation adopted pursuant thereto, shall define the powers and duties of such officers regarding the Michigan naval forces. In like manner, all provisions of law now existing or hereafter enacted relating to the powers and duties of the State Military Board regard- ing the Michigan National Guard, shall, unless inconsistent with the provisions of this act or contrary to regulations, be considered as de- fining the powers and duties of the State Naval Board in regard to the naval forces of the state. Sec. 36. For the purpose of providing the funds necessary for organ- izing, maintaining and equipping the naval forces of the state, author- ized and established, it shall be the duty of the auditor general, at the time of apportioning the state taxes, to apportion among the several counties of this state, in proportion to the whole amount of real and personal property therein, as equalized by the State Board of Equal- ization, a sum equal to two cents for each person, who it shall appear 21 by the last preceding census was a resident of this state, which sum so apportioned shall be collected in the same manner as other state taxes and shall constitute and be designated as the state naval fund. All provisions of law not inconsistent with the provisions of this act, rela- tive to the collecting and disbursing of the state military fund, as by law established and created, shall apply to and govern the collection and disbursement of the said state naval fund. From said state naval fund it shall be and may be lawful for the State Naval Board with the ap- proval of the governor, to pay and refund all sums paid and disbursed by any division or divisions of the naval forces, for expenses of the ad- jutant general’s office or the quartermaster general's office, or for freight or transportation of arms or other articles of equipment loaned or fur- nished by the United States government. No moneys except those ex- pressly apportioned by law for the use, support and maintenance of the naval forces of the state, shall be employed for any such purpose, and all moneys raised and appropriated for military purposes shall, unless otherwise expressly provided by law, be deemed to be raised and appro- priated for the sole and exclusive use, support and maintenance of the land forces of the state. º Sec. 37. This act shall be deemed to be supplemental to the existing laws governing and affecting the militia and national guard of the state, and all provisions of law relating to the government, maintenance, equipment and discipline thereof shall apply equally to and govern the naval forces as a portion thereof, unless such provisions of law be in- consistent with the different nature of the service or contrary to the express provisions of this act. In construing such provisions of law, words or language strictly applicable to the land or military forces alone, by reason of their meaning, and having an equivalent in naval parlance, shall be construed and interpreted as meaning and intending such equivalent words or language. Whenever the laws of the state governing or affecting the militia or national guard, the laws of the United States relating to the government or discipline of the army of the United States, or the articles of war, or regulations governing the army, are referred to and made applicable to the national guard, the same shall be construed to mean, when applied to the naval forces, the laws of the United States relating to the government or discipline of the navy of the United States, or the articles of war of the navy, or the rules and regulations governing the navy, as the case may be. Sec. 38. The quartermaster general, on written requisition by the commanding officer of any division or subdivision of the naval forces of the state, duly approved by the commander of the battalion, shall furnish to such organization suitable uniforms, arms and equipment, including all suitable and proper armory equipment, and shall furnish to such organizations not equipped with an armory furnished by the state, a sum equal to the actual rental paid by such organization for armory accommodation, which shall include lighting, heating and janitor service: Provided, Such sum shall in no case exceed one thou- sand five hundred dollars per year. and shall furnish to each organ- ization of the naval forces of the state equipped with or sharing an armory furnished by the state, the cost of its proportion thereof of care and maintenance of such armory. This act is ordered to take immediate effect. 22 HOUSE BILL NO. 125 (ENROLLED NO. 120). (Introduced by Mr. Culver.) Act No. 185, Public Acts of 1917. AN ACT to require the establishmnet of an optional course of military training in all high schools in this state. The People of the State of Michigan, enact: Section 1. Hereafter it shall be the duty of all boards of education or boards of trustees of school districts maintaining one or more high schools within their respective districts to establish a course of military training for such high school or schools, such course to be optional with the students of such high schools: Provided, That nothing herein contained shall apply to cities or villages having less than five thousand population: Provided further, That when less than twenty-five male students elect to take such course, the board of education may discon- tinue said course until such time as twenty-five male students request the re-establishment of said course. Sec. 2. Failure or neglect upon the part of any board of education or board of trustees of any school district to maintain a course of military training, as provided in this act, shall subject said board to removal from office, after a hearing with proper notice, by the state superintendent of public instruction. f illiºn M HOUSE BILL No. 21 (ENROLLED NO. 108). (Introduced by Mr. Green.) Act No. 163, Public Acts of 1917. AN ACT to provide for the payment of certain claims allowed to ex- soldiers, sailors and marines who served in the Spanish-American War, which have accrued under the provisions of act one hundred thirty-four of the Public Acts of eighteen hundred ninety-nine, en- titled “An act for the relief of sick, disabled and needy ex-soldiers, sailors and marines of the late Spanish-American War.” The People of the State of Michigan enact: Section 1. The sum of forty-five thousand six hundred seventy-four dollars and twenty-five cents, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the general fund in the state treasury not otherwise appropriated for the fiscal year ending June thirtieth, nineteen hundred seventeen, to pay claims that have been audited and allowed by the respective county relief boards and filed with the auditor general prior to January first, nineteen hundred seventeen, under the provisions of act one hundred thirty-four of the Public Acts of eighteen hundred ninety-nine, entitled “An act to pro- vide for the relief of sick, disabled and needy ex-soldiers, sailors and marines of the late Spanish-American War.” The auditor general is authorized and directed to pay the unpaid balance of such claims as have been presented, and allowed or to be allowed under the provisions of said act one hundred thirty-four of eighteen hundred ninety-nine, payment to be made to the person or persons in whose favor such claims were or shall be allowed, their assignees or other persons properly en- titled to the same upon satisfactory proof being furnished the auditor general that the persons applying for such payment are entitled thereto. Sec. 2. The auditor general shall incorporate in the state tax for the year Lineteen hundred seventeen the sum of forty-five thousand six hundred seventy-four dollars and twenty-five cents, which amount, when collected, shall be paid into the general fund in the treasury of the state to reimburse the same for the moneys hereby appropriated there. from. - - This act is ordered to take immediate effect.