СНАР. 63 Section 10, chapter 52, R. S., amended. Railroads Chapter 63. An Act to amend Section ten of Chapter fifty-two of the Revised Statutes, relating to the management and operation of Steam Railroads. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section I. Section ten of chapter fifty-two of the revised statutes is hereby amended by striking out the words "at grade" in the first line of said section, and inserting in place thereof the words 'each other,' so that said section as amended, shall read as follows: 'Section 10. Railroads intersecting or crossing each other, shall be deemed, for all business purposes, connecting roads.' Section 2. This act shall take effect when approved. Approved March 15, 1905. Section 9, amended. Occasions when enrolled militia may Chapter 64. An Act to amend Chapter two hundred and sixty-six of the Public Laws of eighteen hundred and ninety-three, as amended by Chapters one hundred and twenty-eight of the Public Laws of eighteen hundred and ninety-nine, one hundred and fifty-nine and one aundred and sixty-seven of the Public Laws of nineteen hundred and one, and seventy-three and two hundred and twelve of the Public Laws of nineteen hundred and three, relating to the Militia. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 1. Section nine of said act is hereby amended by adding thereto the following words: 'And whenever the United States is invaded, or in danger of invasion from any foreign nation, or of rebellion against the authority of the government of the United States, or the president is unable, with the other forces at his command, to execute the laws of the union in any part thereof, the president may call out such number of the enrolled militia, or such portion of the National Guard, as he may deem necessary to repel such invasion, suppress such rebellion, or to enable him to execute such laws, for a period not exceeding nine months, in any part of the United States. He may specify in his call the period for which such service is required, not exceeding nine months, and the militia so called shall continue to serve during the term so specified, unless sooner discharged by order of the president,' so that said section, as amended, shall read as follows: 'Section 9. The enrolled militia shall be subject to active duty, only, in case of war, or to prevent or repel invasion, or to suppress insurrection or riot, or to aid civil officers in the execu CHAP. 64 be subject to service. -president may call out enrolled tion of the law. And whenever the United States is invaded, or in danger of invasion from any foreign nation, or of rebellion active against the authority of the government of the United States, or the president is unable, with the other forces at his command to execute the laws of the union in any part thereof, the president may call out such number of the enrolled militia, or such portion of the National Guard, as he may deem necessary to militia. repel such invasion, suppress such rebellion, or to enable him to execute such laws, for a period not exceeding nine months, in any part of the United States. He may specify in his call the period for which such service is required, not exceeding nine not to exceed months, and the militia so called shall continue to serve during the term as specified, unless sooner discharged by order of the president.' --for a period nine months. amended. Section 2. Section seventeen of said act is hereby amended Section 17, by striking out all after the word "annually" in the seventeenth line thereof and inserting the following: 'He shall make returns to the secretary of war at such times and in such form as he shall from time to time prescribe, of the strength of the organized militia and also make such report as may from time to time be required by the Secretary of War.' So that said section, as amended, shall read as follows: 'Section 17. The adjutant general shall distribute all orders from the commander-in-chief, attend all public reviews when the commander-in-chief shall review the troops or any part thereof, obey all orders from him relative to carrying into execution and perfecting the system of military discipline established by the laws of the state and of the United States, prepare and furnish blank forms for the different returns and rolls that may be required and explain how such returns and rolls should be made, distribute all books required to be furnished at the public expense, receive from the several officers in the military force the reports they are required to make, and from such reports he shall make proper abstracts and lay the same, together with a full report of the business of his department, and a statement of the strength, condition and efficiency of the military forces of the state, before the commander-in-chief on or before the thirtyfirst day of December annually. He shall make returns to the Secretary of War at such times and in such form as he shall from time to time prescribe, of the strength of the organized militia and also make such report as may from time to time be required by the Secretary of War.' Duties of ant adjutant general. --shall make secretary of returns to war. Section 26, Section 3. Section twenty-six of said act is hereby amended by striking out the words "an ambulance corps, and," and add- amended. CHAP. 64 National what it shall Section 31, amended. What persons may be enlisted. Sections 35 to 45, inclusive, amended. of organiza ing the words 'and a naval reserve,' so that said section, as amended, shall read as follows: 'Section 26. The active militia shall be known and designated as the National Guard of the state of Maine, and on a peace footing shall consist of not more than twenty-four companies of infantry, one battery of light artillery, two troops of cavalry, a signal corps and a naval reserve.' Section 4. Section thirty-one of said act is hereby amended by inserting after the word "miles" in the fifth line thereof, the words 'provided, however, that any member of the National Guard, who is otherwise eligible, may be permitted to re-enlist within thirty days after the expiration of the term of his previous enlistment, provided he is less than sixty years of age,' so that said section, as amended, shall read as follows: 'Section 31. No enlistment shall be allowed in the National Guard of other than able bodied citizens of this state, between the ages of sixteen and forty years, residing in the town where the armory of the organization in which they enlist is situated, or within a radius of seven miles; provided, however, that any member of the National Guard, who is otherwise eligible, may be permitted to re-enlist within thirty days after the expiration of the term of his previous enlistment, provided he is less than sixty years of age. In time of peace, no minor shall be enlisted in the National Guard without the written consent of his parent or guardian, which shall appear on the enlistment paper.' Section 5. Sections thirty-five to forty-five inclusive are hereby amended by striking out the entire sections and substituting others so that said sections, as amended, shall read as follows: 'Section 35. The organizations of the National Guard may Arrangement be arranged by the commander-in-chief into squadrons, battalions, regiments and brigades, and he may change the arrangement thereof at his pleasure. tions of the National Guard. Assignment of organiza. tions. Constitution of the several organizations. Company of. 'Section 36. Each organization shall be assigned to its respective squadron, battalion or regiment and be numbered or lettered at its formation. 'Section 37. The several organizations of the National Guard shall be constituted the same as is now or may be hereafter prescribed for the regular or volunteer armies of the United States, provided that in time of peace, or until changed by order of the commander-in-chief, the organizations of the National Guard shall be constituted as follows. 'Section 38. A company of infantry shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster sergeant, four sergeants, six cor porals, one cook, two musicians and not less than thirty-five privates. CHAP. 64 infantry, 'Section 39. A battalion of infantry shall consist of one Battalion of major, one battalion adjutant (first lieutenant), one battalion composition sergeant major and four companies. of. infantry, of. 'Section 40. A regiment of infantry shall consist of one Regiment of colonel, one lieutenant colonel, one adjutant, one quartermaster, composition and one commissary, each with the rank of captain, one surgeon (major), one assistant surgeon (captain), one assistant surgeon (first lieutenant), one chaplain, one sergeant major, one quartermaster sergeant, one commissary sergeant, two color sergeants, a band to consist of one chief musician, one principal musician, one drum major, four sergeants, eight corporals, one cook and ten privates; a hospital corps to consist of one sergeant (first class), three sergeants, six privates (first class), and three privates; and three battalions. of. 'Section 41. A troop of cavalry shall consist of one captain, Troop of cavalry, one first lieutenant, one second lieutenant, one first sergeant, composition one quartermaster sergeant, four sergeants, six corporals, one cook, one farrier, one saddler, one wagoner, two trumpeters and not less than thirty-three privates. Battery of field artillery of. 'Section 42. A battery of field artillery shall consist of one captain, two first lieutenants, one second lieutenant, one first composition sergeant, one quartermaster sergeant, one stable sergeant, six sergeants, twelve corporals, one cook, one artificer, two musicians and not less than twenty-eight privates. Signal company, composition 'Section 43. A signal company shall consist of one captain, one first lieutenant, one second lieutenant, two first class sergeants, four sergeants, five corporals, not less than eleven first of class privates and eight privates. 'Section 44. Each colonel of a regiment may enlist and Musicians. muster a band of musicians, not to exceed twenty-six, to be constituted as provided in section forty of this act; provided, that the members of such band shall furnish their own uniforms and instruments. They may be recommended for discharge by the colonel at his pleasure. Brigade, of. 'Section 45. A brigade shall consist of one brigadier general with a staff to be constituted the same as now or may be here- composition after provided for the regular or volunteer army of the United States, and not less than two regiments of infantry. At camps. of instruction, maneuvers or field exercises, or when called into active service for the state in case of riot, insurrection, tumult or invasion, actual or impending, the commander-in-chief may attach to a brigade such troops of cavalry, batteries of artillery and organizations of special troops, as may appear to him. advisable.' CHAP. 64 Section 60, amended. Military board. --commis sion shall not issue before examination. Section 6. Section sixty of said act is hereby amended by inserting after the word "service" in the tenth line thereof the following: 'Provided, that an officer having successfully passed an examination before said board and being commissioned in the rank of major shall be exempt from further examination in case of election or appointment to a higher rank;' by striking out the word "enlarge" in the eighteenth line and substituting therefor the word 'extend;' by adding thereto the following: 'Whenever in the opinion of the commander-in-chief the necessity exists, any commissioned officer may be ordered before the board of examination who may inquire into his moral character, general knowledge of military affairs, and fitness for the service. Said board to report its findings to the commander-in-chief for such further action as he may deem advisable.' So that said section as amended, shall read as follows: 'Section 60. The commander-in-chief shall appoint a military board of three officers to inquire into the qualifications of all persons elected or appointed to any office below the grade of brigadier general and claiming a commission under this act, except upon the staff of the commander-in-chief, and no commission shall issue until the person so elected or appointed shall have passed a satisfactory examination before such board, as to his moral character, his general knowledge of military affairs proportionate to the office to be held, and his fitness for the service, provided, that an officer having successfully passed an examination before said board and being commissioned in the rank of major shall be exempt from further examination in case. of election or appointment to a higher rank. If he fails to appear before the board when notified or is adjudged unqualified, a new election shall be ordered or appointment made; and no person who has failed to pass such examination shall be eligible to election or appointment to an office of equal or higher grade in the National Guard, for the period of one year thereafter. Such examination shall be made within thirty days after the election or appointment, unless the commander-in-chief shall for good cause extend the time. At least two members of said appointment. board shall be of a grade equal or superior to that of the office to be filled. In case said office shall be of the medical staff or naval reserve, then, for the former, there shall be added to and become a member of the board, the surgeon general, and for the latter, an officer of the naval reserve, other than the person to be so examined. In case of the absence of any member of the board, or of disability to sit by reason of rank, or if for other cause the board is not of the required number, the commander --examina tion shall be made within 30 days after election or --grade of examining boards. |