moneys in the general fund not otherwise appropriated. The Money, how charged. Auditor General shall charge all of such moneys so drawn to the county or counties in which such service is rendered, to be collected and returned to the general fund in the same manner as any other county indebtedness to the State is required by law to be collected and returned to the general fund. There shall be paid to each enlisted man for attend- Drill duty, ance and performance of duty at regular drills, not to ex- payment for. ceed forty drills in any one year, said drills to be of not less than one and one-half hours duration, the following sums, viz.: To each enlisted man below the rank of petty officer, twenty-five cents; to each third class petty officer, thirty cents; to each second class and first class petty officer, thirty-five cents; to each chief petty officer, forty cents. Said amounts shall be due and payable semi-annually on Amounts April thirtieth and October thirty-first of each year, and shall when payable. be allowed and paid out of the funds annually provided for the support of the naval brigade: Provided, That any en Proviso. listed man absenting himself, without a reasonable and satisfactory excuse, from any regular drill, special drill, inspection or parade, shall forfeit a sum equal to the amount to which he would have been entitled for attendance at a regular drill, and that the same shall be noted on the pay roll and deducted from his pay: Provided further, That any en- Further listed man dishonorably discharged shall forfeit all pay and proviso. allowances provided by this act: Provided further, That no Further sum shall be allowed, except for actual presence and duty proviso. performance at any of the aforesaid regular drills. No pay provided for in this act shall be paid to any enlisted man until after an inspection is had of all military property for which he is responsible, and the cost value of any injured, damaged or unnecessarily injured property may be deducted from the amount due him before the sum is paid. SEC. 19. Executive officers, navigating and ordnance officers, engineer officers, signal officers and aides-de-camp shall officers to be not be deemed staff officers, but shall be line officers, and as such entitled to assume command. Executive officers shall have rank and precedence without regard to the date of commission, over all officers of the same grade, except the officer of the brigade or battalion of which such officer is the executive officer. Navigating and ordnance officers shall have rank and precedence without regard to date of commission, over all officers of the same grade, except executive officers. Acting executive, navigating and ordnance officers shall be entitled to the same rank and precedence while acting as officers regularly appointed as such.

of the line.

appointed.

SEC. 20. The executive officer, navigating and ordnance Certain officer, signal officer, chief engineer, aides-de-camp of the officers to be brigade officers and officers of the brigade staff shall be appointed and commissioned by the commander in chief upon the recommendation of the officer commanding the brigade,

Commander in chief, appointive power of.

Brigade captain, when appointed, term.

State naval militia fund, how levied.

Provisions governing.

for the term of three years. The executive officer, navigating and ordnance officer, chief engineer and signal officer of each battalion and officers of the battalion staff shall be appointed and commissioned by the commander in chief, upon the recommendation of the officer commanding the battalion, for a term of three years; but the commander in chief, if he shall disapprove of any person so recommended for appointment, may decline to so appoint and commission him, and in case of such disapproval or in case such person shall fail to pass the required examination, or in case the brigade or battalion commander shall fail to recommend any person for appointment to any such place, within two weeks after a vacancy shall occur therein, the commander in chief may of his own motion appoint and commission such person to any such place as he may deem proper.

SEC. 22. The captain commanding the brigade shall be appointed and commissioned, as soon as authorized by law, by the commander in chief for a term of three years, and shall hold such office until his successor is appointed and commissioned.

SEC. 36. For the purpose of providing the funds necessary for organizing, maintaining and equipping the forces of the State naval brigade, by law authorized 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 the State each year, in proportion to the whole amount of real and personal property therein, as equalized by the State Board of Equalization, a sum equal to one cent for each person, who it shall appear by the last preceding census was a resident of this State, which sum so apportioned shall be collected in the same manner with other State taxes and shall constitute and be designated as a State naval militia fund. All provisions of law relative to the collection and disbursement 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 militia fund. From said State naval militia fund it shall be and may be lawful for the State Military Board, with the approval of the commander in chief, to pay and refund all sums paid and disbursed by any division or divisions of the naval militia for expenses of the Adjutant General's office or for freight or transportation of arms or other articles of equipment loaned or furnished by the United States government. No moneys, except those expressly apportioned by law for use, support and maintenance of the naval forces of the State troops, 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 appropriated for the sole and exclusive use, support and maintenance of the land forces of the State militia.

master

forms, etc.

SEC. 38. The Quartermaster General, on the written ap- Quarterplication of the commander of the naval brigade, shall fur- general to nish to any division of the naval brigade duly organized, furnish unisuitable uniforms, arms and equipment at the expense of the State, under and in accordance with the provisions of law applicable thereto, and shall furnish to those divisions not equipped with an armory furnished by the State, the sum of five hundred dollars a year for armory rental: Provided, Proviso, That the State Military Board may increase the amount may increase allowed to a division, if it deem it necessary, not to exceed six hundred dollars a year to a division.

amount.

SEC. 2. All acts or portions of acts inconsistent herewith Acts repealed. are hereby repealed.

This act is ordered to take immediate effect.
Approved May 13, 1909.

[No. 91.]

AN ACT to prevent fraud in the sale of Paris green used as an insecticide, and to provide a penalty for the violation of this act.

The People of the State of Michigan enact:

samples of,

SECTION 1. It shall be the duty of each and every manu- Paris green, facturer of Paris green, commercial aceto-arsenite of copper, submitted. to be used as an insecticide within this State, and of every dealer in original packages of said Paris green which is offered or exposed for sale, or sold within this State as an insecticide, to submit to the director of the experiment station, East Lansing, samples of said Paris green, and a written or printed statement setting forth:

First, The brand of said Paris green to be sold, the num- Brand, ber of pounds contained in each package in which it is weight, etc. put on the market for sale, the name or names of the manufacturers and the place of manufacturing the same;

guarantee.

Second, The statement shall set forth the amount of com- Statement. bined arsenic which the said Paris green contains, and the to be a statement so furnished shall be a guarantee to the purchaser that every package of such Paris green contains not less than the amount of combined arsenic set forth in the statement.

SEC. 2. Every purchaser of said Paris green in original Certificate. packages which is manufactured outside of this State, who intends to sell or expose the same for sale, and every manufacturer of said Paris green within this State, shall, after filing the statement above provided for with the director

Failure to comply.

Arsenous oxide, per

cent. required.

Examination.

Report.

Penalty.

of the Michigan agricultural experiment station, at East Lansing, receive from the said director a certificate stating that he has complied with the foregoing statements, which certificate shall be furnished without charge therefor. Said certificate when furnished shall authorize the party when receiving the same to deal in this State, and in the said Paris green. Any person who fails to comply with the terms of section one of this act shall not be entitled to deal in said Paris green within this State. Nothing in this section shall be construed as applying to retail or wholesale dealers selling said Paris green which has already been labeled and guaranteed.

SEC. 3. Paris green, when sold, offered or exposed for sale as an insecticide in this State, shall contain at least fifty per centum of arsenous oxide, and shall not contain more than four per centum of the same in the uncombined state.

SEC. 4. The director of the Michigan agricultural station, at East Lansing, shall examine or cause to be examined different brands of Paris green sold, offered or exposed for sale within this State, and cause samples of the same to be analyzed and shall report results of analysis forthwith to the secretary of the State Board of Agriculture and to the party or parties submitting such samples, and such reports shall be final as regards the quality.

SEC. 5. Any person or persons, firm, association, company or corporation violating any of the provisions of this act, and any person who shall sell any package of Paris green or any part thereof, which has not been labeled as herein provided, shall be guilty of a misdemeanor, and shall be fined not less than fifty dollars nor more than two hundred dollars, together with the cost of the suit in an action caused to be brought by the State Board of Agriculture, through its secretary, in the name of the people of the State of Michigan.

Approved May 18, 1909.

Commission, appointment of, etc.

[No. 92.]

AN ACT in relation to the unveiling of the statue of General George A. Custer in the city of Monroe, and making an appropriation therefor.

The People of the State of Michigan enact:

SECTION 1. It shall be the duty of the Governor, within thirty days after this act shall take effect, to appoint a commission which shall have charge of all the services in

cident to the unveiling of the statue of General George A. Custer in the city of Monroe. The said commission shall consist of six members, and at least three of its members shall be officers or soldiers who served in the Michigan Cavalry Brigade. The Governor shall be ex-officio a member of the said commission. The members of said commission shall Compensation. not receive any compensation for the performance of any services, but shall be entitled to such expenses as are actually and necessarily incurred in order to carry out the provisions

have charge of.

of this act. The said commission may if practicable arrange Unveiling. to have a section of a battery of artillery and two or more commission to companies of infantry present at the unveiling of said statue; to arrange a program suitable for the occasion and to provide for the expense of procuring speakers; to provide suitable souvenir badges to be distributed to the survivors of Custer's Michigan Cavalry Brigade; to provide for printing a suitable volume containing the history of the statue and a record of the proceedings and speeches delivered at the unveiling of the said statue, which volume shall be similar to that heretofore issued by the State, entitled "Michigan at Gettysburg," and to arrange any and all such other matters as may be properly and necessarily incident to the unveiling of the said statue.

SEC. 2. The sum of two thousand dollars, or so much Appropriation. thereof as may be necessary, is hereby appropriated out of the general fund in the State treasury to be used within the discretion of the said commission to defray the expenses necessarily incurred in carrying out the provisions of this act. All bills shall be paid when properly approved by the Board of State Auditors upon proper vouchers rendered therefor. Any part or portion of the sum herein appropriated which shall not be used shall be paid into the general fund in the State treasury.

SEC. 3. The Auditor General shall add to and incorporate Tax clause. in the State tax for the year nineteen hundred nine the sum of two thousand dollars, to be assessed, levied and collected as other State taxes are assessed, levied and collected, which sum shall be used to reimburse the general fund in the State treasury for the amount appropriated by this act. This act is ordered to take immediate effect. Approved May 18, 1909.