governor.

captain.

by vote.

SEC. 22. Commissioned officers of the Michigan national officers guard unless otherwise specifically provided for in this act, appointed by shall be appointed by the Governor and duly commissioned in the grade to which appointed as follows: Brigadier general of a brigade, from among the officers of the Michigan national guard above the rank of captain in the brigade; colonel of a regiment, from lieutenant colonel of the same regiment; lieutenant colonel of a regiment, from the senior major of the same regiment; major of a regiment, from the senior captain of the companies of the battalion in which the vacancy occurs; captain of a company, from the senior lieutenant of such company; first lieutenant of a company, from the second lieutenant of such company; second lieutenant of a company or a first lieutenant in organizations for which no second lieutenant is prescribed, except in the medical department, by election at which only officers, and enlisted men who have been in the service six months or longer, and who belong to the unit in which vacancy occurs, shall be entitled to vote: Provided, That a regiment may if it so desire have in the Proviso, said regiment the senior captain of the regiment promoted senior to be major upon the occurrence of any vacancy in the grade of major which may occur in that regiment. This desire shall Expression be so expressed to the Adjutant General by a vote taken thereon at any time when the officers of the regiment are together and notice shall have been given to each officer of the proposed action. The action taken shall be certified to the Adjutant General by the senior officer present with the regiment. Upon receipt of said notification the Adjutant General Publication. shall publish the same in orders, and thereafter promotion in that regiment shall be had as in this proviso is provided, but no regimental staff officer shall be promoted to the grade of major unless he shall have had at least five years' commissioned service in a company as captain or first lieutenant: Provided further, That where more than one company of the Further same regiment of infantry or from the same branch of the proviso, service in organizations other than infantry have the same of promotion. home station and occupy the same armory, they may have the following system of promotion, if a majority of the officers of the line, of organizations quartered in said armory, decide so to do, which decision shall be made at a meeting of such officers after five days' notice to all officers to be present and shall be certified by the senior officer present to the Adjutant General, who shall publish the same in orders, viz: Colonel, from lieutenant colonel of the same regiment; lieutenant colonel, from the senior major of the same regiment; major, from the senior captain of the same regiment, but this method of promotion shall not apply unless the entire organization is quartered in one armory as heretofore mentioned. If less than one regiment is quartered in the armory then the following system of promotion may apply after action as in this proviso hereinbefore mentioned: Captain, from senior first lieutenant of the organizations quartered in the armory; first

joint system

Further proviso,

tion for promotion.

lieutenant, from the senior second lieutenant of the organizations quartered in the armory; second lieutenant, from among a list of suitable candidates recommended by a board of officers detailed for such purpose as hereafter to be prescribed by regulation. This action and the order issued thereon shall govern promotion and appointment thereafter in the organizations acting hereunder: Provided further, That recommenda- whenever the condition of any company is such, by reason of vacancy in the office of captain or other company offices, and want of competent men within the company to fill such vacancies, that the military board shall deem it advisable not to fill such vacancies by election, the board may recommend suitable persons to the Governor to fill such vacancies, and the Governor is authorized to commission the persons so recommended for such a period of time as shall be requested Examination by the military board. The person so recommended for comnent commis- mission shall, however, receive such examination as may be prescribed by the board, and may be re-examined and permanently commissioned at any time within one year thereafter.

and perma

sion.

Staff officers, how recommended.

How commissioned.

SEC. 29. Staff officers for the various units shall be recommended by the permanent commanders of such units for appointment by the Governor as far as possible from among the active officers of such units, or if no such active officer is available, then from the officers upon the retired list, from enlisted men of the Michigan national guard or from citizens of this State. Such officers shall be commissioned in the grade prescribed, and if for the staff of a regiment or battalion, then of that branch of the service, otherwise they shall be commissioned as of that branch of the service from which appointed or in which their eligibility for office was estab lished. Officers of the various departments mentioned in section eleven of this act who are commissioned in these departments for the purpose of serving upon the staff of a brigade, Term of office. shall hold office until the termination of service in the office or by retirement or otherwise of the officer at whose request they were appointed, whereupon, unless their re-appointment be requested by the successor in office of such commander, they shall be placed upon the retired list, if otherwise qualified. Staff officers of regiments or battalions shall hold office for a period of four years, whereupon, unless their re-appointment be requested by the commander of their unit, they shall be placed upon the retired list.

Officers of medical corps.

SEC. 30. Officers of the medical corps shall be appointed by the Governor upon recommendation of the State Military Board and commissioned in a grade to which appointed as follows: Major, from the senior captain of the medical corps; captain, from first lieutenant of the medical corps on completion of three years' service as such; first lieutenant, by appointment, after an examination under regulations prescribed. SEC. 45. All officers shall receive for each day spent by them compensation. in actual service or on duty under the orders of the Governor,

Service

pensation.

who is authorized to determine when to place said officers on duty, the pay and allowances, including traveling allowances and all necessary expense for horses for mounted officers and increased pay on account of length of service as fixed by law or regulations for officers of the army of the same rank in the service of the United States. Enlisted men when on Enlisted active or actual duty under orders, shall receive in addition men, comto their transportation the following compensation: Privates of infantry, cavalry, artillery, signal corps and musicians and trumpeters, one dollar twenty-five cents per day; privates hospital corps, one dollar thirty cents per day; first class privates of engineer, signal corps and medical department, one dollar thirty-five cents per day; corporals of infantry, cavalry, artillery, wagonners, artificers, farriers, saddlers and mechanics, field artillery, one dollar forty cents per day; corporals of engineer, signal corps, medical department, chief mechanic of field artillery and privates of bands, one dollar forty-five cents per day; sergeants of infantry, cavalry, artillery, medical department, stable sergeants, company quartermaster sergeants of infantry, cavalry, artillery, horse shoers of cavalry and field artillery, cooks and corporals of bands, one dollar fifty cents per day; second class electrician sergeants, sergeants engineer, signal corps and band, company quartermaster sergeants, engineers, color sergeants, drum majors and mess sergeants, one dollar fifty-five cents per day; squadron and battalion sergeants major, battalion quartermaster sergeants, chief trumpeters and principal musicians, one dollar sixty cents per day; first class electrician sergeants, first class sergeants signal corps, regimental quartermaster sergeants, regimental commissary sergeants, regimental sergeants major, first sergeants, one dollar sixty-five cents per day; first class sergeants medical department, one dollar seventy cents per day; master electrician, master signal electrician, one dollar seventy-five cents per day. Enlisted men of bands shall receive in addition to the above sums mentioned, the sum of seventy cents per day. Pay for officers shall be computed by the army pay tables. Each enlisted man shall receive during his second en- Second listment and for each subsequent enlistment if his service is etc. continuous, ten per cent for each enlistment in addition to the above mentioned sums, but not more than four re-enlistments shall be counted in computing continuous service pay; and to each enlisted man, subsistence, the cost of same not to exceed seventy cents per day, the difference between the cost of rations and seventy cents per day to be paid in money to said enlisted man at the time of payment for such service. The Chief of staff, chief of staff shall receive salary of one thousand dollars per salary. year, the other four members of the State Military Board Members shall each receive five hundred dollars per year, and each member of said board shall also be paid his actual and necessary expenses in attending said board. Each officer upon his Expenses. first appointment as an officer shall hereafter be paid the sum

enlistment,

of board.

of fifty dollars as an equipment allowance under such regula- Equipment

allowance.

Proviso, drunkenness.

Riot, etc.,

Proviso, enlisted men.

tions as may be provided: Provided, That any officer or enlisted man convicted of drunkenness at any annual encampment, or On the way to or 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. 46. All officers and enlisted men shall receive for their compensation. service for each day actually spent by them on duty in case of riot, tumult, breach of the peace, resistance of process, or whenever legally called upon in aid of the civil authorities, and for the time actually spent by them in traveling from their homes to the place of rendezvous and in returning to their homes, the compensation and allowances provided by section forty-five of this act: Provided, That enlisted men so serving shall receive one dollar per day in addition to the pay herein authorized. Such compensation, subsistence and allowances and cost of transportation and the cost of all ammunition used or purchased for use by any officer in command of the national guard so called out, shall be audited and allowed by the Auditor General when detailed bills are presented, properly certified by the commanding officer of such troops and approved by the Quartermaster General. The Auditor General shall, upon auditing and allowing such accounts, draw his warrant therefor upon the State Treasurer, who is hereby authorized and required to pay the same, and any such sums so audited and paid are hereby appropriated out of the moneys in the general fund not otherwise appropriated.

Audit.

Payment.

Drills, compensation.

SEC. 49. There shall be paid to each and every officer and enlisted man for attendance and performance of duty at regu lar drills, not to exceed forty drills in any one year, said drills not to be of less than one and one-half hours actual duration, the following sums, viz: All below the rank of corporal, twenty cents; corporal, twenty-five cents; sergeants, thirty cents, and all enlisted men above the rank of sergeant, forty cents; second lieutenant, seventy-five cents; first lieutenant, one dollar; captains, one dollar and twenty-five cents; majors, one dollar and fifty cents, but no pay shall be paid to any commissioned officer for drills unless the military board shall first determine that the condition of the military fund will permit of the same being paid; and to each enlisted man qualifying as a marksman shall be paid the additional sum of ten per cent; to each sharpshooter fifteen per cent and to each expert rifleman twenty per cent of the pay due his rank for attendance at regular drills for the year succeeding that in which said qualifications were made. Said amounts shall semi-annually be due and payable semi-annually on April thirtieth and October thirty-first each year, and shall be allowed and paid out of the funds annually provided for the support of the organized militia: Provided, That any officer or soldier absenting himself without a reasonable and satisfactory excuse from any

Payable

Proviso, absence from drill.

proviso,

regular drill, special drill, inspection, parade or target practice, shall forfeit a sum equal to the amount to which he would have been entitled for attendance at a regular drill, and the same shall be noted on the pay roll and deducted from his pay: Provided further, That any officer or soldier Further dishonorably discharged shall forfeit all pay and allowances dishonorable provided by this act: Provided further, That no sum shall be discharge. allowed except for actual presence and duty performed at at drills. any of the aforesaid regular drills: Provided, however, That when in case any act of congress shall hereafter authorize the pay to cease. provision ment of officers and enlisted men of the organized militia, and such pay is available for the Michigan national guard, the provision herein made for drill pay shall cease to be of force and effect from and after the time when such federal pay shall

commence.

Presence

SEC. 78. For the purpose of providing the expenses neces- Tax clause. sary to carry out the provisions of this act, other than the expense of erecting armories, it shall be the duty of the Auditor General, at the time of apportioning the State taxes, to apportion among the several counties of the State each year in proportion to the whole amount of real and personal property therein as equalized by the State Board of Equalization a sum equal to six and one-half cents for each person, who as it shall appear by the last preceding census, was a resident of this State, which sum so apportioned shall be collected in the same manner as other State taxes, and is hereby appropriated to and shall constitute the State military fund. Such fund provided and created for the expense of the Michi- Military gan national guard shall be a continuing fund available only for that purpose, and shall not be diverted to any other fund or purpose. The State Military Board may, however, pay for Necessary any proper or necessary repairs upon State erected armories or upon new roads and buildings upon and in the purchase of additional lands located within the limits of the permanent camp ground out of the fund derived by the appropriation made in this section, not to exceed, however, a sum equal to one cent per capita as herein mentioned.

fund.

repairs, etc.

of act.

SEC. 2. Nothing in this act contained shall be construed as Construction creating a vacancy in any office which is continued by the provisions of the foregoing amendments, or in any office or department whose designation has been changed or duties modified thereby, except as may be expressly provided for therein. This act is ordered to take immediate effect. Approved May 7, 1915.