The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1909-04-08

States.
in-chief shall consist of the adin.sss
general who shall be ex-ofiicio chis,
staff quartermaster general, and, n.
master, general. with rank of brigapSs!'
of colonel, a Judge advocate, with , sa
of lieutenant colonel, the senior oficssa
duty with each OF the staff departna,a
major and one naval aide with rann
lieutenant commander. All officers
cept as otherwise provided In this chs.
ter. and except the aides herein prov;5.s
must be at the time of their anno;x
ment. commissioned officers in the ac,s
militia, on the active or retired list ~
above the grade OF captain. but no az
GERS shall be appointed from the retirs
list who shall have had less than eis1
years of service in the active militia ~
last year of which shall have been wi,S
poiDtment.
The staff OF the governor as now "a.
stituted shall continue to hold offcs
appointed and commissioned during 4
pleasure of the governor who made n
present appointments, but thereafter ~
governors staff shall be chosen and eoaJ
stituted as provided In this section.
Section 8. In case of instruction. 1,
acting together by force with Intent
commit felony or To offer violence
persons or property. or by force az
violence to break and resist the laws
imminent danger thereof, or In the evas
of public disaster resulting from aooS
confagration, or tempest. the governy
shall have the power to order into NJ
active service of the state any part OF nj
militia that he may deem proper Al
whenever the militia of this state or
part thereof is called forth under IA.
constitution and laws of the Unita
order for the call specifies otherviss
order out for. service the active miiiu,
and II the number available be lnsuS
cient he shall order out the reservs
militia or such part as may be necessar
The designations OF organizations cals
into the service of the United Statss
shall not. during such service. be Giyss
to new organizations
Section 10. Whenever it shall he neces
sary to call into active service the resergs
militia, or any part thereof, the covering
shall direct his order to the chief munic
ipal officer of any city, town, or plann
ton. who, upon the receipt of the sams
shall proceed to draft by lot, as many n,
volunteers as are required by the goy
ernor and shall forthwith forward to The
adjutant general list Of the persons 50
drafted or accepted as volunteers.
militia ordered out, and every member Of
the reserve militia who volunteers or who
Is drafted and notified thereof. under The
provisions of the preceding section who
= designated by his commanding officer L.
the chief municipal officer, wisaln twentrs
four hours from such time. or who doa
not produce from physician in good
standing a sworn certificate of physieal
disability to so appear, shall be deemed
deserter and dealt with as prescribed
the articles of war of the United States
Section L. Whenever any portion Of
the reserve militia is called forth under |
the constitution and laws of the United +
States, the members thereof shall I've i'm. F
mediately mustered into the service for
three years, or such other period as thsI
call may prescribe; and whenever any
portion of such militia shall be ordered
into the service of the state they, shall bsI
mustered into the service for such period
not exceeding three years as the GOV.
ernor may direct Such reserve militia
when so ordered into active service shall
have, as far as practicable, the same sys.|
tenn of organization, equipment, training
and discipline as are or may thereafterI
be prescribed for the national guard
The governor shall have the power to ap.I
point the officers for any new organza.|
lions formed out of said reserve militia,l
he may, at his discretion, transfer and|
promote officers of the national guard to|
into active service for this purpose SUCH
retired officers of the national guard asl
may be efficient and available and in SUCH
number as he may deem necessary.
Section 10. Whenever any portion 81
the militia is employed in aid of the civil
authority, the governor. II in his judg.|
ment the maintenance of law and order|
will thereby be, promoted. may hgI
town or plantation in which the trooHl
are serving or any specified portion theTe'I
of, to be in a state of instruction.
Section IA. Whenever reserve mllitia|
or the national guard, or both or anyI
number of them or either of them, shall
be called forth under the constitution and
laws of the United States, and the orders
for that purpose shall not be issued to or|
state, any officer or officers of the militia
or national guard receiving such orders
not so issued or transmitted shall COM
mUnicate the same to the governor as
soon as practicable.
Section Is. Whenever the President
shall call forth the national guard, or any
number of them to be employed in the
service of the United States, and specl-
fies in his call the period for which such
called, shall continue to serve. during the
term so specified, either within or With
out the territory of the United States, I'M
President; provided. that no commits
stoned officer or enlisted man of the ma
tional guard shall be liable to service be-
You'd the term of his existing commission
Section 16. No member of the militia
ordered into the active service of the
state shall be liable civilly or crminally
directed to be done, by him in further.
ance of and while in the performance Of
his military duty. When an action OF
proceeding of any nature shall be com.
menced in any court by any person
against any officer or enlisted man OF THO
militia for any act so done, or caused
ordered, or directed to be done. all ne
ing or action. civil or criminal, including
fees of witnesses for the defense, DE-
fendants court costs, and all costs lot
transcripts of records and abstract there
,Aa1 rha1 10. W.
out of the military fund; and 1t shall bs
the duty of the attorney general either
personally or by one or more assistants
to defend such officer or soldier; provided.
criminal the adjutant general shall desll,
nate judge-advocate of the nationaI
guard to conduct the defense of snca
member or, IL the services OF Ju nhsgl
advocate be not available, then he shan
select some other competent attorney ID
conduct such defense, and the ludgcii
advocate or other attorney SO sele 1,,li.
shall receive and be paid out of Inc m ~,
tary fund reasonable compensation iy,
his professional services. In any slca
action or proceeding the defendant my
require the person instituting or prusecu.
ing the same to file security for paymel.s
of costs that may be awarded the deteno'
ant. which costs IL recovered IN an az,
ton, the costs whereof have been Iast
out of the military fund shall be paid ny ~
the state treasury for the benefit OF wv
military fund; and the defendant nlE,
in every such action or proceeding' rlae t
a general denial and give the SPECIAL MAJ
ter in evidence. A,
Section II. The adjutant general OF , wv
state shall have the rank OF bfgaae,,
general, and shall be, ex-officlo. chlel "
staff. quartermaster general, and ps.SS,,
master general, of the state. For H e
purpose of establishing the relation W.
tween the war department and the van.
Gus staff departments of the state n'
shall be the chief of said depar,msuiss
and the acquisitions, purchases, ana !,