[No. 110.] AN ACT to authorize townships, cities and villages to appropriate money to defray the expenses of the proper observance of Memorial or Decoration Day. The People of the State of Michigan enact: amount. money for SECTION 1. It shall be lawful for the township board of Who may approany township, the board of trustees of any village or the rema common council of any city in this State, to appropriate money for the purpose of defraying the expenses of the proper observance of Memorial or Decoration Day: Provided, That Proviso as to the amount expended in any one year under the provisions of this act shall be limited as follows: In any township, city or village having a population of less than five thou sand inhabitants, a sum not exceeding fifty dollars; in any village containing not less than five thousand inhabitants, a sum not exceeding one hundred dollars; in any village or city containing not less than ten thousand inhabitants, a sum not exceeding one hundred twenty-five dollars, and in any village or city containing not less than twenty thousand inhabitants, a sum not exceeding one hundred fifty dollars. The sums hereby authorized to be appropriated shall be Amounts how assessed, levied and collected in the same manner as other assessed, etc. expenses of such township, village or city are assessed, levied and collected. observance of. SEC. 2. The manner and extent of such observance of Who to direct Memorial or Decoration Day shall be under the direction of the township board of the township, board of trustees of the village or common council of the city, as the case may be, and the expense thereof shall be paid in the same manner as other expenses of such township, village or city are paid. This act is ordered to take immediate effect. Approved May 10, 1905. [No. 111.] AN ACT to amend sections nine, eleven, twenty-five and sixty-seven of act number two hundred four of the public acts of nineteen hundred one, entitled "An act to increase the efficiency of the military establishment of the State of Michigan, and to repeal all former acts or parts of acts inconsistent with the provisions of this act," and to add two new sections thereto to stand as sections sixty-eight a and sixty-eight b. The People of the State of Michigan enact: SECTION 1. Sections nine, eleven, twenty-five and sixty- Sections seven of act number two hundred four of the public acts of amended. Mich. National Guard, what to compose. Proviso. Brigadier general, who to appoint. Vacancies in field officers, how filled. Who entitled to vote. Who eligible to election. Brigade staff, who to consti. tute. nineteen hundred one, entitled "An act to increase the efficiency of the military establishment of the State of Michigan, and to repeal all former acts or parts of acts inconsistent with the provisions of this act," are hereby amended, and two new sections added thereto to stand as sections sixtyeight a and sixty-eight b, said amended and added sections to read as follows: SEC. 9. The Michigan National Guard shall be composed of not less than thirty-six companies of infantry, and not more than thirty-six companies of infantry shall be organized and maintained as part of the Michigan National Guard until after there be organized by the commander-in-chief with the advice of the State Military Board, to form a part of the Michigan National Guard, one troop of cavalry, one battery of light artillery, one signal company and one company of engineers. The commander-in-chief may, by the advice of the State Military Board, organize, to form a part of the Michigan National Guard, one troop of cavalry, one battery of light artillery, one signal company and one company of engineers: Provided, That it shall be lawful to procure not to exceed four automatic guns, or other repeating or revolving guns, and to provide for their use by said companies of infantry or detachments therefrom. All of which force shall be under such rules and regulations as may be prescribed for the service by the State Military Board. All SEC. 11. Upon the expiration of the commission of the brigadier general commanding when this law shall take effect, the commander-in-chief shall appoint and commission his successor for a term of three years from among the active officers above the rank of captain of the Michigan National Guard; and thereafter every three years a brigadier general shall be appointed and commissioned in like manner. vacancies in the field officers of a regiment shall be filled by an election, the time and place of holding which shall be fixed by the adjutant general. Said election shall be by ballot and all field officers so chosen must receive a majority of all the votes cast. All commissioned officers attached to companies belonging to such regiment, together with the majors commanding battalions, and the colonel and lieutenant colonel shall be entitled to vote. Ten days' notice of the time and place of holding such election shall be given each officer entitled to a vote therein. Only captains of companies in the battalion where a vacancy in the position of major has occurred shall be eligible to election as major of such battalion; and no active officer below the rank of major shall be eligible for election to the position of colonel or lieutenant colonel. The brigade staff shall consist of one chief surgeon with the rank of lieutenant colonel, one assistant adjutant general, one assistant quartermaster general, one assistant inspector general, one commissary of subsistence, and one inspector of small arms practice, who shall staff officer. commander-in act as ordnance officer, each with the rank of major, and two personal aids with the rank of first lieutenant, to be appointed by the commander-in-chief on the recommendation of the brigade commander. No person shall be appointed or Who eligible as commissioned as a staff officer in the Michigan National Guard, except as medical officer or chaplain, who has not previously served two years or more in the National Guard service or in the regular or volunteer service of the United States army as a commissioned officer, or enlisted man, or both. Commissioned officers shall take rank according to the dates of their commissions. The day of the appointment or election of any officer shall be expressed in his commission and be considered as the date thereof. The staff of the com- Commander-inmander-in-chief shall consist of the adjutant general, the chief's staff. inspector general, the quartermaster general, the assistant adjutant general, the assistant inspector general, the assistant quartermaster general, four aids-de-camp, the judge advocate and the military secretary. The adjutant general, the inspector general and the quartermaster general shall have the rank of brigadier general, and their respective assistants and four aids-de-camp shall have the rank of colonel; the judge advocate and the military secretary shall have the rank of major. The commander-in-chief may, upon the rec- Appointments of ommendation of the State Military Board, appoint an addi- chief. tional assistant adjutant general, assistant inspector general and assistant quartermaster general, who shall have the rank of major and two assistant commissaries of subsistence, one with the rank of major and one with the rank of captain, who shall be members of the commander-in-chief's staff. SEC. 25. All officers, non-commissioned officers, musicians, Compensation of members of band and privates, shall receive for each day etc. actually spent by them on duty in the annual encampment authorized by this act or any duty under orders of the commander-in-chief, and for the time necessarily spent by them in traveling from their home to the place of rendezvous, and in returning to their homes, the following compensation, together with the necessary transportation, to wit: To each private, non-commissioned officer and musician not less than one dollar and twenty-five cents per day and subsistence, the cost of same not to exceed seventy-five cents per day, and the difference between the cost of rations and seventy-five cents to be paid the said non-commissioned officers, privates and musicians in money at the time of the payment for camp service. To all commissioned officers of the line, to the field, staff and other commissioned officers the pay and allowance as fixed by the United States army regulations of officers of the army of the same rank in the service of the United States: Provided, That in case of all officers who under this Proviso. act or the regulations of the State Military Board are paid an annual salary of more than one hundred dollars, this pay shall be in lieu of such annual salary during the time for officers, privates, Further proviso, which it is paid: And provided further, That the commanding general of the brigade and the commander of the naval brigade, as members of the military board, shall receive an Further proviso. annual salary of five hundred dollars: And provided further, That any officer, soldier or musician guilty of drunkenness at any annual encampment, or on the way to and from such encampment, shall forfeit all pay for that entire tour of camp duty, and it shall be the duty of the officer charged with making the pay rolls to note the fact of intoxication or drunkenness against the name of the person guilty thereof. SEC. 67. A sum not exceeding five thousand dollars may be appropriated from the State military fund in each year for the promotion of rifle practice among the Michigan National Guard, to be expended under the direction of the State Military Board, and the State Military Board is hereby authorized to use a part of said sum in the defraying the expenses of such members of the Michigan National Guard as may be selected by them, on account of their proficiency as marksmen, to be sent to the National and State competitions in rifle practice. Appropriation for rifle practice. Mich. National Guard retired to. Officers of, eligible for detail SEC. 68a. All commissioned officers who may have heretolist, who eligible fore or shall hereafter serve in the Michigan National Guard for a period of ten years, or who shall become permanently disabled to perform their duties, irrespective of length of service, may upon their honorable retirement from service, whether by resignation or otherwise, be carried upon a roll to be established and maintained in the office of the adjutant general, which roll shall be designated "The Michigan National Guard Retired List," and shall be entitled to wear, on occasions of ceremony, the uniform of the highest rank which they have held. The officers so carried on said roll or appointment. may be eligible for detail or appointment on the general staff or the staff of any commander, when not physically disqualified for military duty, but when so appointed shall be re-commissioned as of the rank to which they may have been appointed, which rank they shall hold during the time of such appointment, unless promoted therefrom, and in case of a second retirement from actual service, they shall be entered on said roll as of their highest rank. No officer whose name shall appear on said retired list shall be entitled to receive any pay or emolument from the State, during the time he remains on said list, unless specifically assigned to duty in orders from the commander-in-chief, and in case he be reappointed or commissioned therefrom, he shall only be entitled to the pay and allowance provided by law for officers of the rank named in his last commission. When not to receive pay or emolument. Military fund, for what purposes available. SEC. 68b. The State military fund provided and created for the expense of the State military department shall be a continuing fund available only for that purpose, and shall not be diverted to any other fund or purpose. And any portion of such fund heretofore covered into the general fund of the State treasury, since the revision of the military laws [No. 112.] AN ACT to amend section thirty-seven of act number two hundred thirty-two of the public acts of Michigan of nineteen hundred three, entitled "An act to revise and consolidate the laws providing for the incorporation of manufacturing and mercantile companies or any union of the two, and for the incorporation of companies for carrying on any other lawful business, except such as are precluded from organization under this act by its express provisions, and to prescribe the powers and fix the duties and liabilities of such corporations." The People of the State of Michigan enact: amended. SECTION 1. Section thirty-seven of act number two hundred Section thirty-two of the public acts of Michigan for the year nineteen hundred three, is hereby amended to read as follows: corporations or corporations, SEC. 37. This act shall include and apply to all the corpo- Shall apply to rations provided for in the following statutes: Chapters one ganized under hundred fifty-eight, one hundred eighty-one, one hundred certain chapters. eighty-two, one hundred eighty-three, one hundred eighty-five, one hundred eighty-eight, one hundred ninety, one hundred ninety-one and one hundred ninety-two of the Compiled Laws of eighteen hundred ninety-seven, as amended, and in addition shall repeal all other acts and parts of acts inconsistent with the provisions of this act. But the repeal of the foregoing Not to dissolve acts shall not dissolve any corporation formed or existing etc. under them, and all corporations of the nature of the corporations authorized to be organized under this act, now organized and existing under said several acts in this section mentioned, or either of them, shall be deemed and taken to be organizations under this act, and all rights, obligations and liabilities contracted, acquired or incurred by any of such last mentioned corporations thereunder, or under the provisions of any law now in force, not inconsistent with the provisions of this act, shall continue of the same force and effect as though such acts or laws had not been repealed; and all such corporations from Corporations to and after the taking effect of this act, shall be subject to all provisions the provisions hereof, as fully as though such organizations hereof. come under |