and officers. State Military Board, except that in case of emergency requiring immediate action, the Governor may by a special order in writing direct the Quartermaster General to make contracts without advertisement. The Quartermaster General Bonds of shall require bonds from all disbursing and distributing offi- disbursing cers, and other officers in charge of public property, in an distributing amount to be fixed by the State Military Board, which bonds shall be approved by the State Military Board. The Quarter- Rosters, master General shall provide the several departments and books of organizations on their requisitions, with the necessary rosters, books of record, blank commissions, enlistment rolls and other papers required by law and regulations, at the expense of the State. record, etc. military recorder. board. accounts. SEC. 18. There shall be a State Military Board consisting State of the adjutant general, quartermaster general, inspector gen- board. eral, brigadier generals commanding brigades and the commander of the naval brigade. The State Military Board shall President, organize by electing a president from its own number, and one of the assistants of one of the departments as recorder. The same shall be an advisory board to the commander in Advisory chief. No contract on behalf of the State exceeding an ex- Contracts, penditure of three hundred dollars, for military purposes au- how thorized by this act, unless otherwise herein provided for, approved. shall be valid against the State, until the same shall be approved by said board. The State Military Board shall re- Claims and ceive, examine and audit all claims and accounts for the expenditures incurred for military purposes authorized by this act, unless otherwise provided for, and upon requisition of said board, the Auditor General shall 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 military fund. Whenever necessary in the performance of their duties any member of said board shall have power to administer oaths. The State Military Board shall prepare regu- Regulations. lations 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. SEC. 19. The Commander in Chief may authorize the em- Clerks, officers, fuel, ployment of clerks and the hiring of offices, the purchase of etc. fuel, lights, stationery and books for the military service. He may also authorize the hiring of storerooms for the safe- Storerooms. keeping of public stores, and if he deem it advisable for the best interests of the State he may enter into a lease of such premises for more than one year, and he may divide the State Districts, into regimental or battalion districts, in which case the divi- and sion shall be in such manner as to give all portions of the battalion. State, so far as practicable, a just proportion of the whole number of companies permitted by this act. regimental Staff and Rank. SEC. 20. The staff of the Commander in Chief shall conaids-de-camp. sist of the adjutant general, who shall be chief of staff; four aides-de-camp and such other officers as may be detailed for such duty. The Governor is hereby authorized to appoint and commission with the rank of major, the four personal aides-de-camp herein provided, if otherwise qualified under this act, who shall hold such office at his pleasure and then be discharged or placed on the retired list: Provided, however, That no such officer shall be placed upon the said retired list who has not heretofore passed the examination hereinbefore provided for. Proviso, retired list. Authority to organize, disband, etc. officers, and grade. SEC. 21. The Commander in Chief, by and with the advice of the State Military Board, is hereby authorized to organize new units for the Michigan national guard or to disband, arrange, alter, divide, annex or consolidate any of the units or to transfer the units of one battalion or regiment to another battalion or regiment. Commissioned SEC. 22. Commissioned officers of the Michigan national appointment guard, unless otherwise specifically provided for in this act, shall be appointed by the governor and duly commissioned in the grade to which appointed, as follows: Brigadier general of a brigade, from among the officers of the Michigan national guard above the rank of captain in the brigade; colonel of a regiment, from lieutenant colonel of the same regiment; lieutenant colonel of a regiment, from the senior major of the same regiment; major of a regiment, from the senior captain of the companies of the battalion in which the vacancy occurs; captain of a company, from the senior lieutenant of such company; first lieutenant of a company, from the second lieutenant of such company; second lieutenant of a company or a first lieutenant in organizations for which no second lieutenant is prescribed, except in the medical department, by election at which only officers and enlisted men who have been in the service six months or longer and who belong to the unit in which vacancy occurs, shall be entitled to vote. Rank of to expire. SEC. 23. Section twenty of this act shall not take effect colonel when until January first, nineteen hundred eleven, and until it takes effect the personal staff of the Governor shall have the rank of colonel. The military secretary of the Governor shall have the rank of major. Military secretary. SEC. 24. Upon the organization of any new unit of the Michigan national guard, the Governor may appoint for one year or until examined by an examining board, suitable persons for officers therein, irrespective of previous military service, whereupon said persons shall be commissioned and shall be officers for all purposes, except for promotion by seniority. Within one year of such organization, such person so appointed shall be examined as provided herein for officers of like grade, and if found qualified for such offices, they shall be reappointed and recommissioned and shall thereupon be eligible for promotion of seniority, or if found not qualified they 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 officers. 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 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-examina. more 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 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, the vacancy shall be filled by an election at which officers and officers. may waive how filled. officers. "Company," word construed. Battalion." Actual service. Active service. Officers for appointment. How commissioned. 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 recomrecommended mended 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. Term of office. Idem. Officers of medical corps, sion. 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. Recommis sion, date of rank. Brigadier and surgeon SEC. 31. Brigadier generals of brigades and surgeon gengenerals, when erals with the rank of lieutenant colonel appointed under retired. 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. governor may board. SEC. 34. The Governor may at any time order any officer Examination, of the Michigan national guard before an examining board, order. 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. pointment. 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 Proviso, total 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 service. |