The Republican journal. [volume] (Belfast, Me.) 1829-current, 1909-04-08


this state for continuous period Of fif-
Teen years; honorable service in war, to
De counted double. may at his own re-
Guest be placed Upon the retired list
with one grade higher rank than that
held at the time of his retirement.
Retired officers shall be entitled to
wear the uniform Of the rank with
Whleh they were retired; they shall con-
r 1eHe to BE- borne IN on the natona guard
and may, in the discretion of the gov
ernor, be assigned to active duty in time
OF war insurrection, invasion. or immi-
nent danger thereof.
Section SO. Any commissioned officer
who has become or who shall hereafter
become disabled and thereby fncapabIe
OF performing the duties Of his office
shall be withdrawn from active service
and placed on the retired list and any
commissioned officer who has become or
who shall hereafter become unfit or in
competent, and thereby incapable Of per-
forming the duties Of his office. shall
Juror, the recommendation of his CONF
handing officer or Of an inspecting of
flcer. be discharged for the good Of the
service, honorably discharged, or, if
Of the COMMUNICATIVE chief. Such re-
tirement OF discharge shall be by order
OF, the commander-in-chief who, before
making such Order shall convene a
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
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
flCGr whose jnn3naritv iS jnrl1irad pF
shall be invested with the powers of
courts-martial and courts of inquiry,
and whenever 1t finds an officer incapaci-
tated for active service, shall report
such fact to the governor stating the
cause of incapacity, whether from dis
ABILITY, unfitness. or 1ncompetency, and
if he approve such finding such officer
shall be placed on the retired list or dis
charged. as provided in this article;
provided that it shall not be necessary
to convene board for action on any
case arising under this section, unless
the officer designatedsto be placed upon
the retired list, or discharged shall,
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 a full and fair hear
ing before the board If upon due notice
he shall demand it.
Provided, further, that the comman-
der-in-chief shall whenever he may
deem the good of the service requires it,
board Of examination u e Constructed uesd'e 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 a record of its
proceedings; and if the findings of such
board be unfavorable to such officer and
be approved by the governor, he shall be
discharged for the good of the service.
Failure to appear when ordered before a
board constituted under this section
shall be sufficient ground for finding by
such board that the officer ordered to
appear be so discharged.
Section "a. An officer who shall have
been absent without leave for period
of six months shall upon the reconmen-
dation of his immediate commanding Of
ficer be dismissed from the. service by
order of the commander-in-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 o enlisting in the
free from disease, of good character and
temperate habits, between the ages Of
eighteen and forty-five years, except
that men may pc enlisted as musicians
if more than sixteen years of age; and
in time of peace no person who is not a
citizen of the United States and of this
state, c. who has not made legal dec
laration of his intention to become
citizen or who cannot speak, read, and
write the English language or who does
not reside within a town where an or
ganization of the active militia is sta
toned, or within q radius of twelve
miles, shall be enlisted in the active
militia; provided that the character and
the standard of the physical examination
required for enlistment in the national
,IDoJ1 hn rNJ>ac0rihnl in,
lations of the war department and the
laws of the United States for the gov
eminent of the organized militia, and
provided that no person under the age OF
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
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 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
Cdry OF hawai- OISdIllAdlioil VI liIO olatO
or of the United States, unless he pro-
duces the written consent to such en-.
listrent 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-
1nent and a 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 81. When 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 a period of
furlough and while he is serving in the
military or naval forces of the United
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.
No man of forty-fiv years Of age or
over shall be re-enlisted unless he has