Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-04-09

GERS serving Sucn NOTICE Snaii Hdhe 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 ohcer
sence a qualified officer authorized by
him to act for him, or in the absence
of such officer the commissioned Officer
highest in rank of those present not
being a candidate, shall require the re-
turn of the service of notice, the roster
of the brigade, regiment. or company
from the legal custodian and shall then
of all persons present voting at an cleo
tion shall be necessary for choice, but
in no case shall an election be held I'M
less majority of the qualified electors
be the judge of the election. shall San
vass the result, forthwith notify in
writing the successful candidate of his
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-
be given, set another date for an cleo
tion not less than seven days later and
notify the adjutant general; but the
presence OF person entitled to vote
shall be waiver of his right to legal
notice.
If the electors neglect. refuse, or, af-
ter the election shall have been in pro-
gress for three hours. fail to elect, then
this fact Shall be certified by the pre-
siding officer to the adjutant general.
and the governor shall promote or ap-
point an officer in accordance with the
preceding section. and if any person so
elected or appointed neglect, refuse. or
fall without cause to appear, when noti
fled. for examination, or fail to pass the
examination. new election shall be
held or appointment made
officer 6lll sSfn oh
within. ten days accept the same and
take the constitutional oath of office:
such oath may be- taken and subscribed
before any officer authorized by law to
administer an oath; and in case of neg
iecN or refusal to accept the commission
or to take and subscribe the oath within
the time mentioned. such commission
shall be cancelled by the governor. and
a new election ordered or appointment
made to fill the vacancy.
Section So Vacancies occurring in
me va various grades, excepting the lowest
corps. shall be filled by promoting and
appointing the senior officer in the next
lower grade of said department or
corps. vacancies occurring in the low
est grades thereof shall be filled in the
following manner:
IN the medical department appoint
ments snail be made by the governor
upon the recommendation of board of
examination consisting of three officers
OF the medical CORPS Such boards of
examination shall be convened by gem
eTal orders from the adjutant generals
once, which orders shall indicate the
number of vacancies to be filled, and any
active licensed practitioner of medicine
ana surgery in this State and who is
physically sound shall be permitted to
appear Tor examination.
Provided, further, that persons here.
after commissioned in the medical corps
snaa be q. citizens of the United States
tbirtv Ye sne ages age n OF twenty-five and
the grade of captain upon the compile
tlon OF nVe years service in the medica I
t tinnps ana upon passing the examina-
promotion to the grade of captain in the
medical corps - '''e
ooI In all other staff departments and
appointment thereto Of any commits.
stoned officer in the national guard.
Commanding officers of brigades reef-
ments and separate battalions shall ap-
point their respective staff officers sub
!ect 70 the provisions of sections fortV-
nine. fifty and fifty-one of this act
b at staff officers are appointed
mander. eoiii
Section S.. The governor may pre-
termine the enlisted men best oualified
Tor appointment to the grade of second
lieutenant as prescribed in section fftv
fsn nr ana the best qualified applicant
tion fifty-five -
Section 81. The President shall pre-
officers Of the militia to determine their
physical. moral, professional and gen
eraI ntness for promotion or for appoint
ne nt, such examination to be conducted
II practicable, prior TO the accruing OF
me right to promotion or to the issuing
or the commission as may be best for
~ an interest OF the service; provided that
nxs any oiIcer rails to pass satisfactory
promotion or appointment the Officer
next below him in. rank or standing
ness IN me me line Of promotion, having
the promotion, or if the office is elective
the governor shall order another cleo.
ton; and provided that should the Off
by reason of physical disability he shall
be retired with the rank to which his
seniority entitled him to be promoted
an S should he fail for any other reason
other than moral fitness, he shall be
suspended from promotion or appoint.
ment to any office in the militia for one
year. and should he fail the second time
nonorably discharged. but should he he
found lacking in moral fitness. he shall
u me governor approve of such finding
De dlseharged for the good of the SER
wee. Provided that no candidate will
be examined whose examination has not
been authorized by the secretary of wa,
VINO Is not citizen of the United States
or has not declared his intention of be.
coming such; who, in the judgment OF
the board, is not physically oualified r.
discharge all the duties Of an officer in
active service; who has any mental in.
hrmity; whose moral fitness has not
been clearly established who is less
than tWenty-one wears Of age or who be-
ing designated for commission other
than by promotion. as second lieutenant
shall be more than thirty; as first lieu.
tenant more than thirty-five; as captain
forty-fve; as lieutenant colonel more
than fifty; as colonel more than fftr,
five. or as a general officer more than
sixty years old
Section So. The governor NAV. unor
the recommendation of his commandine
officer. confer a brevet commission of a
grade next higher than that actually
held by the officer so recommended
upon any officer Of the national gua~l
distinguished gallantry. Such commits
sions shall carry with them only sucI
privileges or rights as are allowed j,
like cases in the military and naya
service of the United States.
Section SO. At any time the mora
character. capacity, and general fines.
Tor the service of any national guarc
officer may be determined by an efficien
cy board of three commissioned officers
senior in rank to the officer whose ~
ness for service shall be under inve=ti
cation. and If the findings OF such boar,
be unfavorable to such officer and be an
proved by the official authorized to ap
point such an officer. he shall be dis
charged. Commissions of officers Of thu
national guard may be vacated upor
resignation. absence without leave fol
ho IA.