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

period than that prescribed for each Of
the several grades, namely: Brigadier
general, 1--WE years; colonel, six years;
lieutenant colonel, seven years; major,
eight years; captain, nine years; first
lieutenant, ten years, and second lieuten-
ant, ten years. But should any officer be
reelected or re-appointed to the office he
now holds the time limit of service in
that grade shall be reckoned from the
date of the approval or passage of this
act When an officer shall have served
the prescribed time in any one grade he
shall be placed on the retired list
Section "a Vacancies occurring in the
various grades, excepting the lowest, of
the several staff departments and corps,
shall be filled by promoting and appoint
ing the senior otncer in the next lower
grade of said department or CORPS Va
cancles occurring in the lowest grades
thereof shall be filled in the following
manner:
In the medical department all commits
stoned officers of the national guard, all
non-comlnissioned officers OF the hospital
corps, and all officers of the medical re-
serve corps, who are active licensed
practitioners of medicine and surgery in
TINS state of at least five years standing
as Such, and who are physically sound
snail be permitted to appear before a
board of examination consisting of Off
GERS of the medical department, and the
applicant whom the board considers,
after professional and general examina-
ton, to be the best qualified for the posi-
ton shall be appointed to fill the vacancy
IN the ordnance department, the vacancy
shall be filled by promoting. thereto. in
order of seniority, the regimental as
slstant inspectors of small-armS practice;
IN the subsistence department, by pro-
noting thereto, in order of seniority the
reslmental commisSarieS; subject in each
case to examination as prescribed in
section fifty-eight and if, for any reason,
vacancy occurring in the lowest grade
of any of said departments be not filled
method bfa
governor may fill such vacancy in such
manner as he deems best.
Commanding officers of brigades, regi-
ments and separate battalions shall APP
point thelr respective staff officers SUBJ
Ject to the provisions of sections forty
seven, forty eight, fifty-seven and fifty
'elsht OF this act, who shall hold office
during the pleasure of the officer making
the appointment and until their sue
cessors are appointed and qualified, sub
Ject at all times to the same laws and
reguiatlons as apply to other commits
stoned officers of the national guard
Battalion staff officers are appointed by
the reglmental commanders upon recon-
incubation of the battalion commander
section 90 The governor is authorized
10 appoint, upon the recommendation of
the several regimental commanders, chap
lains in the national guard at the rate of
captain; no person shall hereafter be APP
pointed chaplain who is more than
n11y-fVe years of age, and until he has
furnished proof that he is a regularly
ordained minister of some religious de-
nomination in good standing.
Section Sc. The governor may prescribe
system of examination to determine the
enlsted man best qualified for appoint
ment to the grade of second lieutenan+
as prescribed in section fifty-four and
the best qualified applicant for appoint
ment to the lowest grade in the medical
corps as PRESCRIBED in section fifty-four.
Section 81. The governor shall prescribe
a. system OF examination to determine
the fitness for commission consequent on
an original appointment or election of all
persons. other than those provided for in
the preceding section; and no person shall
pc commissioned consequent upon an
oLi a1 appointment or election until he
tlon as to his physical, moral. edlcation-
H. ana general fitness for the service
Section 5S. The governor shall pre-
Sciipe d system OF examination of ali OIL
ileers OF the active militia below the
grace OF lieutenant colonel to determine
thelr physical, moral, professional and
general fitness for promotion or for an
polntment other than the first. such ex-
animation to be conducted, if practical
BILE. at such time anterior to the accrll
ing of the right to promotion or to the
ISSUING of the commission as NAV be
pest f Tor the interest of the service; pro-
Vlded. that the governor may waive the
examination for promotion or appoint
ment TO any grade in the case of any Of
iicer who in pursuance of existing laws
Tor such grade prior to the passage of
this act, and provided that if any Of
1lcer falls' to pass satisfactory ex-
animation and is reported unfit for pro-
motion or appointment, the officer next
below him in rank or standing next i'm
the line Of promotion. having passed said
examination. shall receive the promotion
or if the, office is elective the governor
shall order another election: and pro-
vlded that should the officer be found in
DllESlrIl no ROT; Il
with the rank to which his seniority en-.
titled him to be promoted and should he
fail for any other reason, other than
moral fitness, he shall be suspended
from promotion or appointment to any
office in the active militia for one year,
and should he fail the second time to
pass such examination he shall be hon.
orably discharged, but should he be
found lacking in moral fitness, he shall,
II the governor approve of such find
ing. be discharged for the good of the
service: provided also that the examina'
ton into the professional fitness of a
judge advocate and chaplain shall ex-
tend no farther than to the special
qualifications required of them. The
board of examination under this and the
two preceding sections shall have the
same power to take evidence, administer
oathS and compel witnesses to attend
and testify and produce. books and
papers and punish their failure to do so,
as is possessed by q general court
martial.
Section 81. The governor may. upon
the recommendation of his commanding
officer confer a brevet commission of
grade next higher than that actually
held by the officer SO recommended,
upon any officer of the national guard or
naval reserve in active service, for dis
tinguished gallantry. Such commits
sions shall carry with them only such
privileges or rights as are allowed in
like cases in the military and naval ser
vice of the United States.
Section Go Any officer who shall
reach the age limit prescribed in section
fifty-two, or who shall fail in second
examination as prescribed in section
fifty-eight or who shall be rendered
surplus by reduction or disarmament of
his organization in any manner provid-
ed for in this chapter, or who accepts an
appointment in the army, navy or ma
rne corps of the United States, if in
each case he is ineligible for retirement,
or who tenders his resignation and the
same having been accepted. shall re-
ceivc an honorable discharge. provided
he shall not be under arrest or re-
turned to a military court for any de-
tlciency or delinquency and provided he
be not indebted to the state in any man
ner and that all his accounts for money
and public property be correct
Section CT. Any officer who shall be
found lacking in moral fitness under the
provisions of section fifty-eight, or who
shall be discharged under the provisions
of section siXty-three, or who, being UNI
dor arrast returned a military