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probate to

costs made on such appeal in case the appellants shall not prevail therein. Whereupon said judge of probate shall be Judge of empowered to entertain such appeal, and review, confirm or review set aside or amend the action of the board of trustees appealed from.

action.

school

districts may

board,

SEC. 5. Whenever two or more contiguous districts, having Graded together more than one hundred children between the ages of district, five and twenty years, after having published in the notices of certain the annual meetings of each district the intention to take such unite for. action, shall severally, by a vote of a majority of the qualified voters attending the annual meetings in said districts, determine to unite for the purpose of establishing a graded school district under the provisions of this chapter, the township Township board of the township or townships in which such districts duty of. may be situated shall, on being properly notified of such vote, proceed to unite such districts, and shall appoint as soon as practicable a time and place for a meeting of the new district, and shall require three notices of the same to be posted in each Notices, posting of. of the districts so united at least five days before the time of such meeting, and at such meeting the district shall elect a board of trustees, as provided in section one of this chapter, Board of and may do whatever business may be done at any annual trustees, meeting.

election of.

school

change to.

SEC. 6. Whenever the trustees of any organized graded Primary school district shall be presented twenty days before the an- districts, nual meeting thereof with a petition signed by ten voters of when may said district, stating that it is the desire of said petitioners that at the annual meeting of said school district there shall be submitted to said annual meeting the proposition to change from a graded school district to one or more primary school districts, the said trustees shall, in their notice of such annual meeting, state that the proposition set forth in said petition will be presented to said meeting, and if two-thirds of the qualified voters present at said meeting shall vote to change to one or more primary school districts such change shall be made, and it shall be the duty of the township board of the Township township or townships in which such district is situated, upon duty of. being duly notified of such vote, to proceed to change or divide such district as determined by such annual meeting, and they shall provide for the holding of the first meeting in the, or each of the, proposed primary school districts in First the same manner as is provided for by law for the organiza- meeting. tion of primary school districts, and whenever a fractional Fractional graded school district shall be so changed, the township boards of the respective townships where such graded school district is situated shall organize the said district into one or more primary school districts, as provided for by law. Approved May 12, 1909.

board,

districts.

Citizens.

who subject to military duty.

Persons

exempted.

Unorganized militia, when subject to duty.

How

mustered in.

Supervisors, when to

names.

[No. 84.]

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.

The People of the State of Michigan enact:

SECTION 1. All able-bodied male citizens of Michigan, including those of foreign birth who have declared their intention to become citizens of the United States, residing therein, of the age of eighteen years and under the age of forty-five years and not exempted by the laws of the United States or of this State, shall constitute the militia and be subject to military duty. In addition to the persons exempted by the laws of the United States, the following persons shall be exempted from military duty, namely: Officers of the State government; judges of the supreme court, circuit and district courts; members of the legislature; officers and guards of the State prisons, houses of correction and other State institutions; keepers of poorhouses, officers, attendants and assistants; firemen after seven years' service as such; officers who have held commissions in the regular or volunteer army or navy of the United States; commissioned officers of the militia of this State who have served in said militia fully uniformed and equipped according to law and regulations for the term of six years and who have resigned after such service, or have been honorably discharged; all county officers, except notaries public; all teachers engaged in public institutions and public schools and ministers of the gospel. The unorganized militia shall not be subject to actual duty, except when called into service of the State or United States in case of war, rebellion, invasion, the prevention of invasion, the suppression of riots, tumults and breaches of the peace, or to aid 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 ordered out for actual service by draft or otherwise as the Governor may direct. The portion of the militia ordered out or accepted shall be mustered into service for such period as may be required, and the commanding officer may assign them to the existing organized militia or organize them, as the exigency of the occasion may require.

SEC. 2. The officers acting as supervisors of every townreturn list of ship, ward or city shall immediately, upon an order from the Governor of this 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 city, to the county clerk, who shall, within twenty days after the receipt of such re

turn, number the names and file the lists in his office and re- Lists, where turn the aggregate number of all the persons so enrolled in filed, etc. his county to the adjutant general. The supervisors shall Power to have power to question under oath, which they are hereby question. authorized to administer, any person deemed liable to perform military duty, but who denies the same, and if any person refuses to be sworn, the supervisor shall enroll his name in the same manner as though he had admitted his liability. Upon the return of the supervisor's list to the county clerk, Fee of properly certifying that he has enrolled all persons who are supervisor. liable to perform military duty residing in his township, city

or ward, he shall be paid two cents for each person enrolled, out of the treasury of the county. If any supervisor or county Penalty for clerk shall wilfully neglect or refuse to perform the duty of duty. enjoined upon him by this act, the person or persons guilty of such refusal or neglect shall be liable to a penalty of not less than one hundred nor more than five hundred dollars, to be recovered by action of debt before any court of competent How jurisdiction, in the name of the people of the State of Michi- recovered. gan, and it shall be the duty of the prosecuting attorney of the county in which such action is brought to prosecute the same. All moneys accruing from such prosecution shall, after where paid. deducting the legal costs and charges, be paid into the county treasury. In cases where such lists are not made out and In case lists filed as herein provided, and when the same may be deemed absolutely necessary to the public safety, the Governor is authorized to cause such lists to be made by any other suitable person, to be by him designated, who shall have the same power and receive therefor the same compensation as provided herein for supervisors.

not made.

case of

SEC. 3. In case of actual or threatened war against, in- Power of surrection in, or invasion of the State; or in case of actual governor in rebellion in or war against the United States, or in case the war, etc. President of the United States shall make a requisition on the Governor of this State, he 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 Appoint to the population of the several counties of the State, or draft, etc. otherwise, as he shall direct, and shall notify the sheriff of Notice to each county from which any draft is so required of the num- sheriff. ber of persons his county is to furnish. Upon the requisition Sheriff, duty of the Governor being received by the sheriff, he shall imme- of. diately personally 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

mimber by

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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 perform 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. 4. Every person so ordered out, or who shall volunteer or is drafted, and who shall not appear at the time and place designated by such sheriff or other proper officer, or who shall not produce some able-bodied or proper substitute at such time and place, or shall not pay to such sheriff for the use of the State the sum of three hundred dollars within twenty-four hours of such time, shall be deemed to be a soldier in actual service, absent without leave and liable to a penalty of three hundred dollars. Should the officer detailed for the purpose be unable to secure any soldier so drafted, the sheriff of the county shall, upon notice thereof, be authorized and required to arrest such soldier and notify the prosecuting attorney thereof, who shall prosecute such delinquent before any court having jurisdiction for the recovery of the penalty aforesaid, and the person so arrested may be released from all such obligations and penalties on the enlisting and mustering of an acceptable substitute and the payment of the costs of prosecution.

SEC. 5. Whenever the militia shall be ordered out under the provisions of this act as specified in section three, it may be organized by the Governor, as commander in chief, with the advice of the State Military Board, into companies, regiments, brigades and divisions, which organization shall correspond, as near as may be, in all respects with like organizations of the United States army in the same arm of service, and the same shall be numbered and proper record thereof made in the office of the adjutant general, and such forces shall be officered, instructed and governed according to the laws of this State and of the United States. Each enlisted man before being mustered into the service shall be subjected to a competent physical examination to determine as to his physical soundness, and all commissioned officers, except officers of the Michigan national guard, shall be examined by a competent board of examiners as to their ability and fitness to command. The arms, clothing, equipments and subsistence to be furnished by the State when militia is in the field in accordance with the purposes of this act, shall, as near as possible, be the same as furnished by the general government for the regular and volunteer army of the United States,

and while in actual service they shall receive the same com- Compensation. pensation as allowed soldiers in the army of the United States. Camps of instruction may be ordered. When the purposes When for which said troops were called into service have been accomplished, the Governor may muster them out.

mustered out.

officer and

SEC. 6. When troops of the State of Michigan are called Recruiting into the field for the purpose of recruiting them originally or paymasters. keeping organizations up to the maximum strength, the Governor may detail officers of the national guard to act as recruiting officer and paymasters, and assign them to duty at such points in the State as he may designate. Such officers Rank and may be of any rank and shall be paid the pay proper and pay. allowances of officers of like grade in the United States army or navy.

organized

for federal

governor.

SEC. 7. The permanent organized militia shall be composed Permanent of volunteers between the ages of eighteen and forty-five years, militia, to be known as the Michigan national guard and as the Michi- how composed. gan naval brigade, as the case may be, and in the case of war, rebellion, invasion, the suppression of riots or the aiding of civil officers in the execution of the laws of the State, shall be the first to be ordered into service. Whenever the Presi- Mobilization Ident of the United States shall issue his order to the proper service. officer or officers of the national guard of Michigan, through the commander in chief, for the mobilization of any part or all of the national guard of Michigan for federal service, such organization of the national guard of Michigan as may be sufficient to comply with the orders of the President of the United States shall be mobilized as required by said orders. Immediately upon the mobilization of any of said forces, and Duty of as soon as they shall be in the service of the United States, it shall be the duty of the Governor to organize and muster into the service of the State of Michigan such number of companies, battalions or regiments as he may deem necessary to adequately protect the State. The organization so mustered National into the service of the State of Michigan shall be known as the national guard reserve, and whenever one regiment or more of the national guard of Michigan shall have been mobilized for the federal service, at least one battalion of the national guard of Michigan not in the service of the United States, or at least one battalion of the national guard reserve, shall be designated as a depot battalion and shall be Depot used for the purpose of recruiting men for service with those organizations theretofore ordered into the federal service. This battalion shall be stationed at such place as the com- Where mander in chief may designate, and the officers assigned to stationed. duty therewith shall be selected for their fitness to perform the duties required for such an organization. Whenever any Vacancy in part or parts of the national guard reserve shall be mustered how filled. into the federal service, an equal number of companies, battalions or regiments shall forthwith be organized and mustered into the service of the State of Michigan, to fill the

guard reserve.

battalion.

reserve,

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