Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-04-05

teen years; honorable service in war, to
be counted double, may at his own re-
quest be placed upon the retired list
with one grade higher rank than that
Retired officers shall be entitled to
wear. the uniform of the rank with
which they were retired; they shall con-
tinue to be borne on the national guard
register, shall be subject to military law.
and may, in the discretion Of the gov
ernor, be assigned to active duty in time
or war, instruction, invasion, or immi-
nent danger thereof.
who has become or who shall hereafter
become disabled and thereby incapable
or performing the duties Of his office
shall be withdrawn from active service
and placed on the retired list; aud any
commissioned officer who has become or
who shall hereafter become unfit or ir-
competent, and thereby incapable of per,
forming the duties of his office, shall
JUROR the recommendation Of his COM
handing officer or of an inspecting Of
ficer. be discharged for the good of the
eligible thereto, retired, in the discretion
of the commanderin-chief. Such re-
tirement or discharge shall be by order
of the commander-in-chief who, before
board of not less than five commissioned
officers one of whom shall be an officer
of the medical corps, who before enter
ing upon the discharge of their duties
shall be sworn to an honest and i'm
partial performance of the same. whose
duty it shall be to determine the facts
as to the nature and cause of incapacity
of such officer as appears disabled or
unfit or incompetent. from any cause, to
perform military duty and whose case
shall be referred to it, The board, ex-
cepting the officer or officers of the
medical corps. shall be composed, as far
as may be, of seniors in rank to the Of
ficer whose incapacity is inquired of; 1t
shall be invested with the powers Of
courts martial and courts Of inquiry,
and whenever it finds an officer ncapac-
tated for active service, shall report
such fact TO the governor stating the
cause Of incapacity, whether from dis
ability, unfitness, or incompetency, and
if he approve such finding such officer
shall be placed on the retired list or dis
provided that it shall not be necessary
to convene a board for action on any
case arising under this section, unless
the officer designated to be placed upon
within twenty days after being notified
that he will be so retired or discharged,
serve on the adjutant general of the
state a notice in writing that he de-
mands a hearing and examination be-
fore such board: and provided that no
officer shall be so retired or discharged
without having had full and fair hear
ing before the board if upon due notice
he shall demand it.
Provided. further, that the comman-
der-n-chief shall whenever he may
deem the good of the service requires it,
order any commissioned officer before
board of examination constituted as
above, and such board shall examine into
the moral character, capacity and general
fitness for the service of such commits
stoned officers. and record and return
the testimony taken, and record of its
proceedings; and if the findings of such
board be unfavorable to such officer and
1.n hyY q % C 70 a
discharged for the good of the services.
Failure to appear when ordered before
board constituted under this section
shall be sufficient ground for finding by
such board that the officer ordered to
appear be so discharged.
Section Ga. An officer who shall have
been absent without leave for a period
OF six months shall upon the recommen-
dation of his immediate commanding Of
ficer be dismissed from the service by
order of the communicative chief.
Section 65 No officer shall be re-
moved from Office without his consent,
except by sentence of a general court
martial or as provided in this chapter.
Section &c. Recruits enlisting in the
active militia must be able-bodied men,
free from disease, of good character and
eighteen and fortyfive years, except
that men may be enlisted as musicians
if more than sixteen years OF age; ana
in time of peace no person who is not a
citizen of the United States and of this
state. or who has not made legal dec
laration of his intention to become q
citizen or who cannot speak, read, and
write the English language or who does
not reside within a town where an or
ganizaton of the active militia is sta
toned: or within a radius or twelve twelve,
militia provided that the character and
the standard of the physical examination
required for enlistment in the national
guard shall be as prescribed in the regu-
iations of the war department and the
laws of the United States for the gov.
eminent of the organized militia and
twenty-one years, having parents or
guardian entitled to his custody shall
be enlisted or mustered into the active
militia of the state without the written
consent of such parent or guardian.
No person not of the age Speclfed
above, no insane or intoxicated person,
no deserter from the military or naval
service of the United States or of this
or any other state. and no person who
has been convicted of a felony shall be
enlisted in the active militia.
Hereafter all enlistments in the active
militia shall be for term of not less
than three years, and no person shall
again be enlisted whose service during
the last enlistment in the active militia
was not honest and faithful, or who has
been diShonorably discharged or dis
charged without honor from any mill
tary or naval organization Of the state
or of the United States, unless he pro-
ducpS the written consent TO SUCH ell
listment of the commanding officer of
the organization in which he last served
or from which he was dishonorably dis
charged or discharged without honor
and unless such enlistment be approved
by the adjutant general
Men who have been discharged by
reason of DISARMAMENT may be enlisted
and shall then receive credit for the
period served at the time of disband-
ment; and man discharged for physi-
cal disability shall if such disability
cease and he again enlists, receive credit
for the period served prior to such dis
charge.
Chief and principal musicians, musi-
clans, and privates of the hospital corps
may be enlisted as such.
Section 67 When a soldier re-enlists
within sixty days from the expiration
of his last preceding enlistment, his ser
vices shah be considered as continuous
and the re-enlistment shall be dated as
of the day following such expiration;
and when the term Of service Of any en-
listed man expires during n period of
furlough and while he is serving in the
military or naval forces of the United
States, should he re-enlist in the active
militia within sixty days of his muster
out Of the service of the United states,
his service shall be considered as con-
tinuous, and shall in like manner COM
mence on the day following such ex-
piration and the re-enliStment shall be
dated as of the day following such ex-
piration.