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shall be discharged; and thereafter appointment and promotion in such organization shall continue as in other like organizations.

officers,

SEC. 25. All commissioned officers of the Michigan national Commissioned guard, when this act shall take effect, shall continue in office as such until the expiration of their respective terms of office, as provided by law at the time this act takes effect. There- When reafter they shall be reappointed and recommissioned in the same appointed, etc. grade, unless otherwise herein provided, upon being found duly qualified by an examining board as herein prescribed. Such new commission shall bear date of rank as of the same Date of date as the commission superseded, and the term of the officer rank. so reappointed or who is afterwards promoted to fill any vacancy shall be, during good behavior, subject to retirement for cause or on account of age or in accordance with the provisions of this act.

SEC. 26. Upon the disbandment of any unit of the Michi- Disbandment gan national guard, the commissioned officers thereof shall be of units. discharged or their names placed upon the retired list, as may be prescribed by the Governor.

qualified

tion.

SEC. 27. Any officer having been duly examined by an Retirement examining board and found not qualified for promotion, shall of dis thereupon be retired from active service and his name placed officers. upon the retired list, unless otherwise provided herein. Any Promotion officer eligible for promotion under this act, by reason of his by seniority. seniority, who shall be found by an examining board duly qualified for promotion, except as to his professional fitness, shall, if so recommended by the examining board, thereupon be and become an additional officer of the grade then held, and the vacancy thereby created shall be filled as prescribed herein. Such officer shall be examined not less than one nor Re-examinamore than three months after the date of such first examination, and if found qualified be duly appointed and commissioned as of the date of such re-examination, and if found disqualified he shall be retired from active service and his name shall be placed on the retired list. Officers becoming addi- Additional tional officers as prescribed herein, shall, while so carried, be ineligible to promotion by seniority to any other office: Pro- Proviso, vided, however, That any officer may voluntarily waive pro- promotion. motion before examination, in which case the officer of the same rank next in order of seniority shall be promoted in the manner prescribed by this act; but no officer shall be permitted to thus waive promotion more than three times. If Field officers, all eligible officers for promotion to be a field officer vacancies, waive promotion in accordance with the above proviso, the the vacancy shall be filled by an election at which the commissioned line and field officers of the battalion or regiment in which the vacancy exists shall be eligible to vote, and if the officers eligible to promotion to a company vacancy which exists in a company shall waive promotion, officers. the vacancy shall be filled by an election at which officers and

officers.

may waive

how filled.

"Company," word construed.

"Battalion."

Actual service.

Active

service.

Officers

recommended for appointment.

How

commissioned.

Term of office.

Idem.

Officers of medical corps,

sion.

enlisted men eligible to vote for second lieutenants under section twenty-two of this act shall be eligible to vote.

SEC. 28. The designation "company" as used in this act shall be understood and construed to mean a company of infantry, artillery, engineers or signal corps, a battery of field artillery, a troop of cavalry or any detachment of the aforesaid organizations or a permanent detachment of the hospital corps assigned to a line or staff organization, a field hospital or a band. The designation "battalion" applies in like manner to a squadron of cavalry. Actual service shall be understood and construed to be service in case of riot, tumult, breach of the peace, resistance of process, whenever called upon in the aid of civil authorities or at encampments. Active service shall be such other service as may be required under law or regulations or by orders from the Governor.

SEC. 29. Staff officers of the various units shall be recommended by the permanent commanders of such units for appointment by the Governor, as far as possible from among the active officers of such units, or if no such active officer is available, then from the officers upon the retired list, from enlisted men of the Michigan national guard or from citizens of this State. Such officers shall be commissioned in the grade prescribed, and if for the staff of a regiment or battalion, then of that branch of the service, otherwise they shall be commissioned as of that branch of the service from which appointed or in which their eligibility for office was established. Staff officers of units greater than regiments shall hold office until the termination of service in the office, or by retirement or otherwise, of the officer at whose request they were appointed, whereupon, unless their reappointment be requested by the successor in office of such commander, they shall be placed upon the retired list. Staff officers of regiments or battalions shall hold office for a period of four years, whereupon, unless their reappointment be requested by the commander of their unit, they shall be placed upon the retired list.

SEC. 30.

Officers of the medical corps shall be appointed appointment by the Governor and commissioned in the grade to which apand commis- pointed, as follows, to wit: Surgeon general with rank of lieutenant colonel, from senior major in the medical corps; major, from senior captain of the medical corps; captain, from first lieutenant of the medical corps on completion of three years' service as such; first lieutenants, by appointment after an examination under regulations prescribed. Officers of the medical department who are serving as such at the time this act goes into effect shall be recommissioned in the corresponding grades in the medical corps, said new commissions to bear date of rank as on commissions superseded.

Recommission, date of rank.

Brigadier

and surgeon

SEC. 31. Brigadier generals of brigades and surgeon generals, when erals with the rank of lieutenant colonel appointed under

this act, upon the completion of three years' service as such, unless reappointed, shall be retired from active service and

their names shall be placed on the retired list. In the event Colonels, of a junior colonel of a brigade being appointed brigadier when retired. general of such brigade, the colonels of such brigade senior

to such appointee shall be retired from active service and their names shall be placed on the retired list.

age limit.

SEC. 32. All officers, except department officers and officers Retirement, of the personal staff of the commander in chief, shall be retired from active service upon reaching sixty-four years of age and their names shall thereupon be placed on the retired list.

voluntary.

SEC. 33. Any officer not being at the time under charges, Retirement, may, on his own application, be retired from active service and his name shall thereupon be placed on the retired list, or upon his resignation duly accepted he may be discharged from the service.

board.

SEC. 34. The Governor may at any time order any officer Examination, of the Michigan national guard before an examining board, governor may which board shall thereupon proceed to examine such officer for the grade in which he is commissioned; this board shall Report of report the result of such examination, and if such report shall be adverse to said officer, he shall thereupon be retired and his name shall be placed on the retired list; and if any officer shall refuse or neglect to report for examination before such board, he shall be immediately retired. All examinations held under the provisions of this act or under regulations shall be commensurate with the office to be filled, and shall include character, capacity, record and military ability. SEC. 35. All officers who shall serve in the Michigan na- M. N. G. tional guard, may, upon their honorable retirement from retired list. active service, whether on their own application or otherwise, be carried upon a roll established and maintained in the office of the Adjutant General, together with the officers now upon said roll, which roll shall be designated "The Michigan National Guard Retired List," and shall be entitled to wear, on occasions of ceremony, the uniform of the highest rank which they may have held. The officers so carried may Eligible to be eligible to detail or appointment, if otherwise qualified detail or apby law, to any office or duty in the Michigan national guard not otherwise provided for, and when so appointed shall be recommissioned in accordance therewith, which rank shall be held during the time of such appointment. In the event of a second or subsequent retirement, the name of such officer shall be entered on such roll as of the highest rank previously held: Provided, however, That no officer shall be placed upon said retired list, unless his total period of ser- period of vice in the Michigan national guard shall have been not less than ten years. If any officer shall have had service in the war of the rebellion, when he shall be retired he may be

pointment.

Proviso, total

service.

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

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.

may be

SEC. 39. The authority of the officer or officers in com- Authority mand of the camps respectively, may be extended by order extende 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.

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 absent. 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

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