Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1857-04-21


attached brigade, and the Major General
shall notify the Brigadier General thereof
Major Generals having attached any oftheir
brigades, shall at all times have power to
order an election for Brigadier General,
and if said brigade elects Brigadier Gen
eral, the Major General or commandant OF
division shall restore them to that of bri-
gade again, otherwise they shall remain
as part of the brigade to which they were
attached. t-
REFUSING TO ELECT COMPANY oFFIcERs.
Sec. So, Whenever any independent or
volunteer company refuses or neglects to
elect a proper number of officers to COM
mand them, agreeable to the provisions of
this act, the Brigadier General or COM
mandant of brigade shall forthwith attach
them to any other independent company of
the same description, until he can be salts
fed that they will elect said officers, and
said Brigadier General shall at all times
have power to order an election for said
officers.
REFUSING TO ELECT FIELD OFFICERS.
Sec. 81. Whenever an election is order
ed for Colonel, Lieutenant Colonel, or Ma
jor, and the electors refuse or neglect to
elect the same agreeable to, and in con-
formity with the provisions of this act, the
Brigadier General shall appoint any COM
missioned company officer to fill said va
cancy, and certify the same to the Adju-
tant General, who shall cause commits
sion to be forwarded forthwith, and ifsuch
company officer refuse to accept and per-
form the proper duties, then said Brigadier
General may appoint such officers from
among the Sergeants, Corporals, or privates
of said company, and certify the same to
the Adjutant General, who shall forward
commissions accordingly; Provided, al
ways, That from any cause the superior
officer of any military district shall become
disqualified to perform the duties of his Of
fee, or the said Office shall be vacant, the
next senior officer in rank, belonging 10 the
said district, shall perform all the duties
pertaining to the Office, until properly
filed as provided for.
JUDGES OF ELECTIONS.
Sec. 55. All persons serving as judges
and clerks of any election of volunteer mi
litia officers of this State, shall, before en-
tering upon their duties, take an oath or
affirmation to honestly and faithfully dis
charge their respective duties as such, be-
fore any officer who is authorized to admin
ister oaths, and all commissioned officers
of the volunteer militia of this State may
also administer such oath or affirmation.
And whenever any brigade is attached to
any other brigade, or to any other division
to the provisions of this act, the
legal electors of such brigade shall have
the privilege of voting for volunteer or
general officers within the bounds of such
brigade or division to which they are at
tached.
CONTESTED ELECTION.
Sec. Sc. If any candidate or elector
chooses to contest the validity of any cleo
ion had under the provisions of this act,
IS to the right of any person proclaimed
July elected an officer, he shall give no
ice thereof in writing to the officer who
holds the election returns, within ten days |
rom the time of holding such election and
within said time, and in like manner he (
;hall notify the person whose election he
means to contest, expressing the point or
points on which he means to rely, and the
,fficer holding the poll-book or election re-
urns, shall summon the parties to appear
1t a certain time and place which shall not
exceed twenty days from the day of cleo
ion, before Il court, over which the highest
,fficer in rank, or oldest in commission
present shall preside, which court shall be
of not less than three, nor over
i've commissioned officers, whom he shall
ummon for that purpose; and the officer
lolding the election returns shall issue any
ummons that may be applied for by either
f the parties to procure the attendance of
Witnesses; and all such officers as compose
aid court shall appear in full uniform, and
he parties SO applying shall serve the
anne, and endorse the time of service
hereon, which shall be at least two days
revious to the sitting of such court, and
hall make return thereofto the president
said court at the time and place therein .
and each witness thus sum- ,
1oned shall be paid fifty cents for each
ay's attendance as such; out of the funds
f the proper brigade, on the certificate of {
ne presiding officer of the court; and such ]
ourt when met shall hear and determine {
ne same, and report their decision In wri- +
ng to the officer who holds such return,
-hich decision shall be final and conclu- 6
i've; Provided, that notice to the adjutant =,
eneral, of the intention of any elector to :
ontest the election of any Major General q
nall be given within fifteen days after the ;
ection.
ARRESTS. 9
Sec. 81. On complaint of commits d
oned officer made in writing to a superior O
ficer touching the conduct of any officer a
lch superior shall if he think the COM s
aint a sufficient one for an arrest. cause G
e officer against whom such complaint is il
ade to be arrested, and when any officer s.
arrested as aforesaid the officer whose W
lty it is to arrest, shall notify the officer Fl
rested in writing that he is suspended G.
ON command until acquitted from such Al
rest, stating the ground of arrest and ei
ace of trial. N
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