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

O1flcerS OF the national guard, ana, III not
otherwise prescribed, shall be elected or
appointed in the same manner; but the
board of examination, in the case of the
election or appointment of an officer of
the naval reserve snail consist of at least
one commissioned officer of the naval re-
serve, active or retired. The commanding
officer of the ships company shall be
elected by the division commanders, and
the election Of division commanders shall
be as prescribed for the election of COM
pany officers of the national guard; but
whenever the governor shall have au-
thorlty to appoint commissioned officers
of the national guard he shall have the
power to appoint commissioned officers
of the naval reserve in like manner.
Section Al. All officers shall be commits
stoned by the governor at his discretion,
but no one shall be commissioned unless
the conditions and qualifications set forth
in the following sections have been COM
piled with, and no one shall be recognized
as an officer unless he shall have been
duly commissioned and shall have taken
the constitutional oath of office The ac-
ceptance of a commission in the militia
Of this state shall be deemed a resigna..
ton by the person accepting the same of
all other commissions held by him in
such militia. In no case shall any officer
in the active militia be commissioned to
Il higher grade than that prescribed for
the corresponding command by the laws
and regulations for the government Of
the regular army and navy of the United
States or of the organized militia.
SectlOn fS. COMMISSIONED officers must
be citizens OF the United States and
Iwenty-one years of age or over. No
person who has been expelled or dishon-
orably discharged from any military or
state or of the United States shall be
commissioned. and no person shall be
commissioned unless he shall possess the
additional requirements prescribed in this
chapter for the particular office TO which
he is to be commissioned; provided that
in time of war, Instruction, invasion,
rebellion, or imminent danger thereof, the
governor shall have the power to fill any
vacancy in any field grade by the APP
pointment thereto of any officer on the
active list of the army, navy or marine
corps of the United States.
Section 40. Rank and precedence Of
officers and non-commiSSiOned officers of
the national guard of this state, the rela-
tive rank between officers thereof and of
the naval reserve, the power of command
and the commands appropriate to each
grade, shall be as determined by the laws
and regulations for the government of
the regular army and navy OF the United
States; except that when an officer is
commissioned to fill a vacancy caused by
the expiration of his own term of service
he shall take rank from the date of his
original commission in that grade.
Section 50. General, field, and company
officers of the line, shall be elected as
follows: Brisadier generals by the writ
ten votes of the field officers of their re-
spective brigades; field officers by the
written votes of the captains and subat-
ems of their respective regiments or
corps; captains and subalterns by the
written votes of the members of their
respective companies; subject to the age
Provided that any officer now in active
service and holding a commission in the
active militia shall be eligible to re-
election;. provided also. that if section
one, article seven of the constitution of
the state shall be hereafter amended in
such manner as to permit the legislature
to prescribe the mode of selecting officers
for the grades herein specified, then, on
and after the first day of July next sue
ceeding the adoption of such amendment,
the said officers shall be promoted and
appointed by the governor as follows and
the elective system prescribed in this
chapter shall cease to exist, otherwise to
remain in full force and effect: Nacan-
cies in the grade of brigadier general
colonel; vacancies in the field grades of
II regiment or corps by promoting the
senior officer of the regiment or corps,
of the next lower grade; vacancies in the
grade of captain and lieutenant by pro-
noting the senior officer of the COM
pany, of the next lower grade. Subject
in each case to examination as provided
in section fifty-eiGht. Vacancies in the
grade of second lieutenant shall be filled
in the following manner: All enlisted
men of the company, and any battalion
and regimental on-commissioned stair
pany shall if physically sound be eligible
for appointment, and shall be permitted
to appear before an examining board, for
II physical and q competitive practical
and theoretical examination; the enlisted
man whom the board considers. after the
competitive examination, to be the best
qualified shall be appointed to fill the
vacancy. The governor shall prescribe
regulations as to the scope and the man
ner of conducting such examination, and
if no such enlisted man appears or II
none satisfactorily passes said eXamina-
ton, then the governor shall fill the
vacancy by making an appointment from
the enlisted men of the organization in
which the vacancy occurred
Section 81. The adjutant general shall
issue orders for all elections, shall detail
n suitable officer other than candidate
to preside thereat, and shall give or
cause to be given by commissioned OFF,
GERS notification to all qualified voters
when, where, and for what office the
election is to be held, by written or
printed notice given in hand, sent by
mail, or left at the last and usual place
of abode at least four days before the
date of the election. The officer or offl-
GERS serving such notice shall make a
certified written return of the persons
notified and of the manner of service and
present the same to the presiding officer
before the polls are open. At the time
fixed for the election the officer ordered
to preside thereat, or in his absence a
qualified officer authorized by him to act
for him, or in the absence of such of1cer
the commissioned officer highest in rank
of those present not being candidate,
shall require the return of the service
of notice, the roster of the brigade, regi-
ment, or company from the legal custo-
dian, and shall then open the polls. n
majority of the votes of all persons
present voting at an election shall be
necessary for choice, but in no case
shall an election be held unless u ma
iority of the qualified electors are pres
ent. The presiding officer shall be the
judge of the election, shall canvass the
result forthwith notify in writing the
successful candidate of mis- election, and
report the proceedings in writing to the
adjutant general.
If it shall appear at any election that
legal notice has not been given in the
manner aforesaid to all persons entitled
to vote, the presiding officer shall ad-
iourn the meeting, cause such notice 10
be given, set another date for an election
not less than seven days later, and notify
the adjutant general: but the presence of
Il person entitled to vote shall be a
waiver of his right to legal notice.
If the electors neglect, refuse, or, after
the election shall have been in progress
for three hours, fail to elect, then this
fact shall be certified ~ the presiding
officer to the adiutant general, and the
governor shall promote or appoint an
officer in accordance with the preceding
section, and if any person so elected or
appointed neglect refuse, or fail without
cause to appear. when notified for ex-
animation. or fail to pass the examina-
ton, a new election shall be held or APP
pointment made.