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

stitutional cornmander-in-chieff
militia, except Of such portions as " tn
at times In the service of the ' 4Gy
Section 8. The staff of the corox
in-chief shall consist of the aaands
general who shall be ex-offitio "aILlutass /
staff, quartermaster general ana vd'iei
master. general. with rank Of hr,u pas
genera. an inspector general with a ,aes
of lieutenant colonel. the senior "a. fNI
duty with each of the staff denar1.iecer
and four aides-de-c camp. with the r.slnenti f
major and one naval aide with ank /
lieutenant commander. All oficara
cept as otherwise provided in tb,a e. |
ter, and except the aides herein rro, chat
must be at the time of their p,oyidet
ment, commissioned officers in the aappolnt
militia, on the active or retired lie. aetN
above the grade of captain, but 10 OF |
GERS shall be appointed from the =" 70. on
list who shall have had less t ths,r retry
years of service in the active rni Min est
last year of which shall have been '.a; u
ten years Immediately preceding ~ mNns
pointment. IN AZ
The staff of the governor as n.
stituted shall continue to hold o,ica eet
appointed and commissioners dr ylice q
pleasure of the governor who Ing u
present appointments, but thereaSsaase y
governors staff shall be chosen ara,' III
stituted as provided in this section CO..
Section Q. In case of insurrectio, :.
Vaslon, tuInult, riot. mob or body Of ~ y
acting together by force with int M m.s
commit felony or to offer violano..
persons or property, or by forca y
violence to break and resist the ia,s E
this state, or the United States ~
imminent danger thereof. Or in the er,e ~
confiagration. or tempest, the govs sooe
shall have. the power to order into ' M'
active service of the state any mart y, NJ
militia that he may deem proper y.
whenever the militia of this STATE "a
part thereof is called forth under :"
constitution and laws of the e''uf T.,,llt.
States, the governor shall. unless y.
order for the call specifies othss,.Ns
order out for service the active MINI, nMs
or such part thereof as may be ran ,i,s
and If the number, available be insns,
Client he shall order out the rsss uaa'
militia or such part as may be necesssrS
The designations of organizations caii:;
into the service of the United Sta,s
shall not, during such service. he r;U.s
to new organizations. e"'1
Section 10. Whenever il shall he n.,,.
sary to call into active service the raS s.ss
militia, or any part thereof the govern,
shall direct his order to the chief mnn;o
ipal officer of any city, town. or plsn,s
ton. who, upon the receipt of the Sam
shall proceed to draft by lot. as NAM N y;
the reserve militia or accept as NAM
volunteers as are required by tho GU
ernor, and shall forthwith forward IA s II.
adjutant general list of the persons $,
drafted or accepted as volunteers.
Section H. Every member of the actin.
militia ordered out, and every member n
the reserve militia who volunteers or xts
is drafted and notified thereof, under ,bs
provisions of the preceding section WIN
does not appear at the time and placs
designated by his commanding officer ~
the chief municipal officer. within twenty.
four hours from such time or who doas
not produce from a physician In gooS
standing sworn certificate of physical
disability to so appear, shall be deemed
a deserter and dealt with as prescribed IL
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 Umtai
States. the members thereof shall be IN
mediately mustered into the service ts
three years, or such other period as tts
call may prescribe; and whenever suy
portion of such militia shall be ordered
into the service of the state they shall be-
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 thereafter
be prescribed for the national guard
The governor shall have the power to ap
point the officers for any new organiza.
tionS formed out of said reserve militia.
he may, at his discretion. transfer and
promote officers of the national guard 70
the organizations thus formed and order
into active service for this purpose such
retired officers of the national guard as
may be efficient and available and in such
number as ne may deem necessary.
Section IS. Whenever any portion Of
the militia is employed in aid of the GIRL
authority, the governor. if in his Jis'
ment the maintenance of law and ofSf
will thereby be promoted. may By
proclamation declare the county, city.
town or plantation in which the troops
are serving or any specified portion there
of, to be in state of insurrection.
Section H. Whenever reserve militia
or the national guard or both, or any
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 70
transmitted through the governor OF ts
state, any officer or officers of the militia
or national guard receiving such orders
not so Issued or transmitted shall com.
mCnicate 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 Inc
service of the United States. and spect
fies in his call the period for which suen
service is required. the national guard 50
called. shall continue to serve during ine
term so specified. either within or WIFE
out the territory of the United States uh.
less sooner relieved by order OF lls
PRESIDENT: provided. that no colniE
stoned officer or enlisted man OF the ns'
tional guard shall be liable to service De-
yond the term of his existing commission
or enlistment
Section 1S. No member of the militia
ordered into the active service Of ns
state shall be liable Civilly or crlnlllaM
for any act done. or caused, ordered
directed to be done. by him in further,
ance of and while in the performance o.
his military duty. When an action "
proceeding of any nature shall be COM .ir
menced in any court by any peisSea
against any officer or enlisted man of the
militia for any act so done, or caussa
ordered. or directed to be done. all tae
expenses of the defense of such pfoct.etr
ing or action, civil or criminal. lnclVhaas
tees of witnesses for the defense. ",
fendant's court costs, and all COSTS !"
transcripts of records and abstract tn sa.e
of on appeal, shall be paid by the s y !,
out OF the military fund; and II shaii y,
the duty of the attorney general elln n.s
personally or by one or more assls s,a.S
10 defend such officer or soldier: provluea;.,
that where the action or proceedl,ls, re- -
criminal the adjutant general shall CESS a,ansl
nate a iudge-advocate of the natlonss'
guard to conduct the defense OF susn
member, or, if the services of )ugsII
advocate be not available. then he shsn
select some other competent attorney "
conduct such defense, and the JUICY,
advocate or other attorney so seler ,i.
shall receive and be paid out of the mn w,
tary fund a reasonable compensation ~, III,
ms professional services. In any s suos
action or proceeding the defendant ma ma;
require the person instituting or prosecemr,,
ing the same to file security for paynsaa
of costs that may be awarded the dele ns