No pay during retirement.

In case of reappointment.

Qualifications required of officers.

Service required.

retired as of a grade next higher than the highest rank he has held in 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 during the time he remains on the retired list, except for duty performed while detailed on duty therefrom temporarily. In case an officer on the retired list shall be reappointed and recommissioned therefrom, he shall only be entitled to the pay and allowance provided by law for officers of the rank named in his last commission.

SEC. 37. No person shall be appointed and commissioned as an officer of the Michigan national guard, unless he shall be a citizen of the State of Michigan and twenty-one years of age or over, nor shall any one be appointed and commissioned as such officer, except in the medical department or as a chaplain, unless he shall have served at 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 the states or territories of this country or the District of Columbia, or in actual field service of at least three months during the Civil war or the Spanish-American war or Philippine insurrection. No person shall be appointed adjutant general, inspector general or quartermaster general, unless he shall be a citizen of the United States and of the State of Michigan, and twenty-one years of age or over, unless he shall have served at least ten years in the military establishment, regular or volunteer, of the United States, or of the organized militia of this State or one of the states or territories of this country, five years of which service shall have been as a commissioned officer. Nor shall any person be appointed, reappointed or promoted, except in the adjutant general's department, the inspector general's department, the quartermaster's department, or as a personal aidede-camp to the commander in chief, until his fitness for the office shall be certified to by an examining board, which examination shall be commensurate with the office, and shall include character, capacity, record and military ability, and in determining the same the examining board shall be furnished the efficiency record of said candidate as it appears in the office of the Adjutant General. The Adjutant General may provide by regulations or orders for an examination as to general education in addition to professional qualifications. No person shall be appointed in the judge advocate general's department, unless he be duly licensed to practice law in the State of Michigan. No person shall be appointed in the medical department, unless he be duly licensed to practice medicine in the State of Michigan. No person shall be appointed chaplain, unless he be a duly ordained minister. Application to SEC. 38. The Governor, by and with the advice of the have M. N. G. State Military Board, is hereby authorized and empowered encampments, to make application to the Secretary of War to have all or

Fitness to be certified by board.

General

education.

participate in

etc.

camps.

such portions of the Michigan national guard as he may deem advisable, take part in the encampments, maneuvers or field instruction of the army, or for regular troops to take part in encampments within the State. The Governor, by Establishand with the advice of the State Military Board, is hereby ment of authorized and empowered to establish annually one or more camps in suitable places for the instruction of the Michigan national guard, and shall procure suitable tents, camp equipage, utensils and ammunition for the accommodation and use of troops in said camps, and may order into said camp or camps, to be kept therein for such period of time as he may deem expedient, any company, regiment or other organization, and may designate the officer to command such camp or camps.

extended.

SEC. 39. The authority of the officer or officers in com- Authority mand of the camps respectively, may be extended by order me of the Governor to a distance of one mile around such camps, and upon such external space no persons other than the owners of the same with their servants, for the purpose of occupying and improving the same, in the same manner and way they occupied and improved the same at the time such camps shall be established, shall be allowed to enter, except under such 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 person shall so enter he may be immediately expelled.

tumults.

absent.

SEC. 40. In case of riots, tumults, breaches of the peace Riots, or formidable resistance to the execution of the laws of the State, or of the United States within the State, or reasonable apprehension of immediate danger thereof, with which the civil authorities are unable to cope, upon application by telegram or otherwise of any United States marshal, mayor of a city or sheriff of a county, the Governor may order into actual service all or such portion of the Michigan national guard as he may deem requisite for the emergency. If the If governor Governor be absent or cannot be communicated with, any such civil officer may, in case of great emergency, make such application to the Adjutant General, who may, if he deem the danger great and imminent, order out the Michigan national guard or such portion thereof as he may deem necessary to meet the emergency. Such order shall be given direct to the Order, how commanding officer of that portion of the Michigan national given and guard so ordered into service. Upon the receipt whereof, cated. such commanding officer shall communicate the same immediately to each of his subordinate officers, and the company officer receiving the same shall immediately communicate the substance thereof to each member of the company, or if any such member cannot be found, a notice in writing containing the substance of such order shall be left at the last and usual place of residence of such member with some person

communi

Officer, disregard of order, etc., penalty.

Enlisted man, desertion.

Unlawful

persuasion.

Excuse for default.

Commanding

to

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 post office address. If any officer receiving such order shall fail to give such notice as required thereby or by law, or shall fail to appear at the time and place so ordered prepared for duty, he shall be punished by dismissal or by fine or imprisonment or both, as a court martial may direct, and if any enlisted man, after being duly notified shall refuse or neglect to appear at the time and place for rendezvous properly 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 not less than fifty dollars and not more than three hundred dollars; and any person who advises or endeavors to persuade an officer or soldier to refuse or neglect to appear at such place or to obey such order, shall be punished by imprisonment not exceeding six months or by a fine not exceeding one thousand dollars, or both; but physical incapacity to perform military duty, dangerous sickness in the family of any such officer or enlisted man, or absence at the time such notice was served, when such absence was not intended to avoid such notice or service, and when he shall join for duty on his return, if his command is still in actual service, shall excuse such default.

SEC. 41. Whenever the Michigan national guard or any officer subject portion thereof shall be ordered into actual service under of sheriff, etc 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.

Arms,

ammunition.

Commanding officer, neglect or

SEC. 42. Every commanding officer shall be subject, as hereinafter provided, to the public officer who shall require hindrance by his aid, and for neglecting or refusing to carry into effect the orders of such public officers, or for interfering or in any way hindering or preventing the men of his command from performing such duty, or in any manner by neglect or delay preventing the due execution of law, every such commanding officer and every commissioned officer under his command so offending shall be liable to a fine of not less than one hundred dollars nor more than five hundred dollars, and in addition thereto such officer shall be tried by a court martial, and if found guilty shall be dismissed the service; and any enlisted man. enlisted man who shall neglect or refuse to obey the order

Fine and court martial.

In case of

military.

of his commanding officer in the case herein provided 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 Transportathe officers or men of the militia to travel upon any railroad ton of this State, whether steam, electric or otherwise, or any passenger steamboat line, such railroad or railroads or such Rates. passenger steamboat line shall furnish transportation at the rate of one cent per mile for the whole distance to be traveled for each officer or enlisted man so carried, and all station or ticket agents or conductors shall sell first- First class. class tickets or furnish first-class passage at the rate named, upon being notified that such officer or officers or enlisted men are traveling upon military duty. Such notification may Notification. be by telegraph or by filing a copy of the order with such station or ticket agent or conductor, or upon presentation of

materials, etc.

a requisition for military transportation. Whenever it shall Stores, be necessary to transport the stores, materials, camp equipage, horses or arms belonging or pertaining to the military establishment of this State or any portion thereof, the railroad or railroads or steamboat line of this State over which the Rate charged. same may be transported shall charge not to exceed one-half the rate charged for the same class of goods to other shippers. SEC. 44. Officers accountable for military property or Bonds, moneys shall give bonds in such sum and with such surety officers to or sureties as shall be required by the State Military Board, give. for the care and safekeeping of all military property and the proper disbursement of moneys which may at any time be under their charge and control, and to account for the same, which bonds shall be approved by the State Military Board.

certain

Upon the giving of such bonds and their approval as afore- Pay from date said, company commanders, adjutants and quartermasters of bond. shall be entitled to pay from the date of said bond, at the rate of one hundred dollars each per annum, payable by the quartermaster general. The adjutant general of each brigade Pay of shall receive for his services as such the sum of one hundred adjutant general. fifty dollars per year, payable yearly by the quartermaster general.

officers and

SEC. 45. All officers and enlisted men shall receive for each Per diem of day actually spent by them on duty in the encampments au- men for camp thorized by this act, on actual or active service, or on any duty. duty under orders of the Governor, who is authorized to determine when to place said officers or enlisted men on duty, and for the time necessarily spent by them in traveling from their homes to the place of rendezvous and in returning to their homes, the following compensation, together with the necessary transportation, to wit: To each enlisted man be- Amount of. low the rank of corporal, one dollar and twenty-five cents per day; to each corporal, one dollar and thirty-five cents per day; to each non-commissioned officer above the rank of corporal and below the rank of first sergeant, and to each cook, one dollar and forty-five cents per day; to first sergeants

Second

enlistment.

U. S. rules.

and all non-commissioned officers above the grade of first sergeant and below regimental sergeant major, one dollar and fifty-five cents per day; and to regimental sergeants major, one dollar and sixty-five cents per day. Each enlisted man shall receive during his second enlistment and for each subsequent enlistment, if his service is continuous, ten per cent for each enlistment in addition to the above mentioned sums, but not more than four re-enlistments shall be counted in computing continuous service pay; and to each enlisted man, subsistence, the cost of the same not to exceed seventy cents per day, the difference between the cost of rations and seventy cents per day to be paid in money to said enlisted men at the time of the payment for such service. Conformity to To all officers, except officers of the various departments, on permanent duty, the pay and allowances including travel allowances, as fixed by law or regulations for officers of the army of the same rank in the service of the United States, together with the necessary expense of horses for the mounted officers; and in determining the pay the same rules as to increased pay on account of length of service shall obtain as are now prescribed by law or regulations for officers in the army of the United States; to the officers of the various departments on permanent duty, the salary of their office and the necessary expenses herein before provided, except when on duty outside of the State or at one of the encampments, or upon special duty when expressly ordered by the Governor, then to be the pay and allowances of their grade as above provided for other officers; to the Governor's staff, their actual and necessary expenses when on duty away from their home station, and when ordered to an encampment or other purely military duty, then to be the pay and allowances of their grade as above provided for other officers: Provided, That lieu of salary. in case of all officers who under this act are paid an annual salary of more than one hundred dollars, the pay of their grade shall be in lieu of such annual salary during the time for which it is paid: Provided further, Members of the State Military Board shall each receive an annual salary of five state military hundred dollars, unless already in receipt of a salary heretofore determined: Provided further, That hereafter each officer, upon his first appointment as an officer, shall be paid the sum of fifty dollars as an equipment allowance under such regulations as may be provided: Provided further, That any officer or enlisted man guilty of drunkenness at any annual drunkenness. encampment or on the way to or from such encampment, shall forfeit all pay for that entire tour of camp duty, and it shall be the duty of the officer charged with making the pay rolls to note the fact of intoxication or drunkenness against the name of the person guilty thereof.

Proviso, pay in

Further proviso,

salary of

board.

Further

proviso,

equipment allowance.

Further proviso, forfeit for

Per diem of officers and

men in case of riot, etc.

SEC. 46. All officers and enlisted men shall receive for their service for each day actually spent by them on duty in case of riot, tumult, breach of the peace, resistance of process,