Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-04-11

and shall make an Immediate report
| of the case to the adjutant genera
| and to his immediate commanding OF,
cer He shall receive EVE a onR re-.
questing the aid. and shall remain
strictly responsible to his mliitary
! superior for the manner in which inc
} troops shall be USED 10 aceoh'piiS"
In the event Of an emergency so
| imminent as to require immediate ac,
/ ton the senior officer of a command
may. upon request in writing OF tne
a town. order out for the defense or
! protection of the community the
| forces under his command, or any
part thereof, and Immediately report
his action and the circumstances Of
the case to the adjutant genera ana
| to his immediate commanding oincer.
Sec. 10 Whenever it shall be nee
essary to call into active service the
unorganized militia, or any part there
| Of, the governor shall direct his order
to the chief municipal officer OF any
city. town or plantation. who. upon
| receipt of the same, shall proceed to
draft by lot as many of the morgan
| lied militia or accept as many volun-
teers as are required by the governor,
| and shall forthwith forward to the
adjutant general list of the, persons
so drafted or accepted as volunteers.
| Sec. II. Every member OF the ma
tional guard ordered out. and every
| member of the unorganiZed milItia
who volunteers or who is drafted and
| notified thereof, under the. provisions
of the preceding section, who does not
appear at the time and place desig-
mated by his commanding ofhcer. or
the chief municipal officer, within
twenty -four hours from such time, or
who does not produce from physl-
clan in good standing sworn certili-
cate of physical disability to so ap,,
pear. shall be deemed deserter and
dealt with as prescribed in the arti-
clcs of war of the United States.
Sec. II. Whenever. any portion OF
the unorGaniZed militia is called forth
under the. constitution and laws OF
Maine the members thereof shall be
, Immediately mustered into the. serV-
ice for such period as the call may
prescribe; and whenever any portion
of such unorganized militia shall be
ordered into the service of the state
! they shall be mustered into the serV-
ice for such period as the governor
may direct Such unorganiZed militia
when so ordered into active service
shall have. as far AS practicable, the
same system of organization, equip
ment. training and discipline as are
or may thereafter be prescribed for
shall have the power to appoint the
officers for any new organizations
formed out of said unorganized militia.
Sec. g. Whenever any. portion OF
the national guard is employed in aid
of the civil authority, the governor.
if in his judgment the maintenance OF
law and order will thereby be pro-
noted may by proclamation declare
the county. city. town or plantation
in which the troops are serving or
any specified portion thereof, to be in
state Of instruction.
Sec. IA. No member OF the militia
ordered into the active service of the
state shall he liable civilly or Grimm
ally for any act done, or caused.
ordered, or directed to be done, by him
performance of his military duty.
When an action or proceeding of any
nature shall be commenced in any
court by any person against any Of
ficer or enlisted man of the militia
for any act SO done. or caused, ordered.
or directed to be done. all the expenses
OF the defense of such proceeding or
action. civil or criminal. including fees
of witnesses for the defense. defend
ants court costs, and all costs for
transcripts OF records and abstract
thereof on appeal, shall be paid by
and it shall he the duty of the at
torney general. either personally or
by one or more assistants. to defend
such officer or soldier; provided. that
criminal the adjutant general Shall
designate judge advocate of the ma
tional guard to conduct the defense
of such member. or if the services
then he shall select some other COM
petent attorney to conduct such de-
Tense. and the dgo-advocate or other
attorney so selected shall receive and
be paid out of the military fund a
reasonable compensa ton for his pro-
fessional services. In any such action
or proceeding the dcfendent may re-
quire the person instituting or prose-
payment of costs that may be award
ed the defendant, which costs if re-
covered in action. the costs whereof
have been paid out, of the military
treasury for the benefit of the MILL
tary fund; and the defendant may in
every such action or proceeding. make
general denial and give the special
Sec y. The adjutant general of the
state shall have the rank of brigader
general. and shall he. ex-ofiicio. chief
OF staff. quartermastter general. and
shall be appointed by the governor
and shall hold the office for a term
of two years at the pleasure of the
Goyernor For the purpose of, estab-
department and the various staff de-
nartments of the state. he shall be
the chief OF said departments: and
to be made by the senior officer on
duty in certain of said departments.
as hereinafter prescribed. shall be
made by them pursuant and in ohedi-
ence to his directions and instructions.
He shall control the military de-
partment subordinate only to the
governor. and may adopt such meth
DDS of administration. not inconsistent
with the laws. regulations. and Gus
toms of the service of the regular
army, so far as the same may be
applicable. rs he may deem necessary
to render tho department efficient
lie shall superintend the prepara-
tlon OF all returns. reports. plans and
estimates required of the state by
me war depertment: and, on or be-
fore the thirteth day of June of each
governor of the strength and condi-
ton Of the militia and of the bust
ness Transactions Of the department
including detailed statement of eX-
penditure for all military purposes.
ne snail be responsible for the care,
preservation. and repair of all mill
tary property belonging or issued to
OF the militia: and he shall dispose
or all military property of the state
found unserViceable after proper in
Spectlon. account for the proceeds and
deposit the same into the state treas
urN. to the credit of the military fund.
He shall cause to be turned in. in
such manner as the war department
may require, such ordnance. accoutre-
the United States and receive in suh
stitution therefor such prescribed
regulation ordnance and equipment, as
may be necessary to conform to the
standard required by the laws and
regulations of the United States.
lie shall. under the direction of the
governor. prepare acquisitions for and
maze purchases and issues of. such
military property as is necessary to
EQUIP the organizations of the national
guard according to the standard that
IS now or may be hereafter prescribed
ny the laws and regulations of the
united States. except such purchases
and issues as are hereinafter rennired