The Republican journal. [volume], April 05, 1917, Supplement, Public Laws of the State of Maine Passed by the Seventy-Eight Legislature, A.D. 1917, Page 16, Image 24

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troop* a* well as the expense Incurred
for pay. care and subsistence of officers
and enlisted men temporarily disabled
in the line of duty, while on such duty,
shall be paid by the county where such
service is rendered. The treasurer of
such ooiuity shall, upon presentation to
him of vouchers and pay rolls for such
expense* and compensation, certified by
t he commanding officer of the organiza
tion or corps on duty in aid of the civil
authority in such county or counties,
and approved by the adjutant general,
forthwith execute in behalf of and in the
name of such county a certificate or cer
tificates of indebtedness for the money
required to pay such vouchers and pay
rolls; such certificates shall bear inter
est at the rate of not to exceed six per
centum per annum, and shall be made
payable on the first day of January fol
lowing the expiration of two months
from their issue, and the amount thereof
shall be raised in the next tax budget
of said county succeeding their issue,
and applied to the payment of such cer
tificates. Said county treasurer shall
sell such certificates at publio and pri
vate sale, and apply the proceeds there
of to tne payment of such expenses and
compensation. Any county treasurer or
public officer, who shall neglect or re
fuse to perform any of the duties re
quired by this section, shall be person
ally charged with the costs and all nec
essary. disbursements of any action or
proceeding brought to compel such per
formance. together with a reasonable ad
ditional allowance to the plaintiff or re
lator in such action or proceeding, to be
fixed.
Section 8P. Tn addition to all other
pay and allowances herein provided
there shall be allowed each company
commander or other officer who in the
opinion of the adjutant general Is en
titled to remuneration for care and re
sponsibility of military property, not ex
ceeding fifty dollars per annum; each
company clerk, and each company quar
termaster sergeant, not exceeding
twenty-five dollars per annum.
To all officers ordered to make Inspec
tion or other Journeys necessary in the
military service, there shall be allowed
fin Mutual ana necessary expanse inci
dent to the performance of said service,
including such incidental expenditures
as are allowed by law and regulations
to officers of the regular army when in
specting the organized militia.
Whenever deemed necessary, the 0 j
.iutant general may authorize the com
mutation of rations for enlisted men,
which shall he at the rate fixed by the
regulations of the United States army
in force at the time.
The adjutant general whenever neces
sary, and in such manner as he may
deem best, shall provide suitable mounts
for all officers and enlisted men required
to pcrfo^pi mounted duty. He shall
also approve all other just and reason
able claims, payments, and expenditures,
legally made in behalf of the military
service of the (State.
Section 90. All military accounts, un
less otherwise specially provided by la w,
shall bo approved by the person author
ized to contract the same and transmit
ted to the adjutant general for his ex
amination and approval. They shall
then be presented to the State auditor,
and if found correct shall be certified to
the paymaster general for payment, and
a warrant shall be drawn for the
amount thereof on the State treasurer in
favor of the paymaster general; ac
counts so allowed shall bo paid by him
to the persons to whom they are sever
ally due, or to their order; provided
that no payment whatever shall be made
or allowed except for duty actually per
formed or services actually rendered;
and provided that no payment of ar.y
sum authorized by this chapter shall ! 0
made to any person until there shall
have been first deducted therefrom all
amounts due by him to the State on any
military account whatsoever; and pro
vided further that whenever the gover
nor shall deem it necessary he may
draw his warrant on the State treasurer
In favor of the paymaster general for
suoh sums from the military fund or the
appropriation for the support of the
naval militia as may be required to
meet Immediate payments for current
expenditures, such funds to bo ac
counted for separately on a monthly ac
count current to be filed with the State
auditor and any unused balance to bo
covered into the State treasury when
ever directed by the governor.
Section 91. For the purpose of rais
ing revenue to defray the current ex
penses of the national guard and naval
militia there shall be appropriated , an
nually from any money in the treasury
not otherwise appropriated the sum of
forty-five thousand dollars, of which
sum at least five thousand dollars or so
much thereof as may be necessary shall
he appropriated by the paymaster gen
eral for the support of the naval militia.
The revenue thus raised shall he paid
Into the State treasury and be converted
into a special and continuous military
fund, from which special fund only, ex
cept where herein otherwise specified,
shall be paid the expenses authorized by
this act: and so much thereof as may be
necessary is hereby appropriated to car
ry out the provisions of this article, to
be paid upon vouchers approved as pro
vided in section ninety.
Section 92. Any member of the no
tional guard or naval militia who shall,
when on duty or assembled therefor, in
case of riot, tumult, breach of the
peace, insurrection or invasion, or when
ever called into active service of the
Stat<-* by order of the governor, or called
in aid of the civil authorities, or when
participating by order of the governor
In nnv pnramnmont manom-ort'
field instruction of any part of the regu
lar army at or near any military post or
■amp or lake or sea coast defenses of
the TTnited States, np when participating
by order of the governor in practice
marches or camps >>f instruction for at
least five consecutive days, receive any
injury, or incur or contract any disabili
ty or disease, by reason of such duty or
assembly "therefor, or who shall without
fault or negligence on his part receive
any wound or injury incident to and
wlille performing any lawfully ordered
duty, which shall temporarily incapac
itate him from! his usual business or oc
cupation. shall during the period of such
Incapacity, receive the pay provided by
section eighty-eight, and actual and
necessary expenses for care and medical
attendance. No claim shall lie allowed
under this section unless the claimant
within thirty days after receiving the
Injury or contracting the disease or dis
ability upon which the claim is based,
notifies in writing the adjutant general
of his intention to make such claim.
T'nder this section no disability shall be
considered temporary which continues
more than ninety days after the date of
receiving the injury or of contracting or
incurring the disease or disability, and
5»av and expenses for care and medical
attendance for more than the safe! ninety
days shall not be allowed. Where a
claim is made under this section, the
claimant shall, within thirty days after
receiving the injury or contracting the
disease or disability upon which the
claim is made, or such further time as
the adjutant general shall grant, submit
to the adjutant general his proof by
affidavit or otherwise as the adjutant
general may direct. On examination
thereof the adjutant general may allow
or disallow the whole or any part of
said claim, or he may refer the same to
a medical examiner or to a board of
three officers, at least one being a medi
cal officer, to be appointed by the adju
tant general, and such medical examiner
or hoard shall have the same power to
take evidence, administer oaths, Issue
subpoenas and compel witnesses to at
tend and testify and produce books and
papers, and punish their failure to do
so, as is possessed by a general court
martial. The finding of the medical ex
aminer or hoard shall be subject to the
approval of the adjutant genera], who
may approve the whole or any part
thereof, or he may return the proceed
ings for revision or for taking further
testimony. The adjutant general may
cause an examination of the claimant to
he made from time to time by a medical
officer or officers, designated for the pur
pose, and may direct the removal of a
claimant to, and his treatment in, any
hospital designated hv the adjutant gen
eral, and if the claimant refuse to per
mit any examination herein provided for,
or If he refuse to go to such hospital, or
to follow the advice given or treatment
prescribed for him therein, he shall
thereby forfeit and be barred from all
rights to any claim or allowance under
this section.
The amount found due such member
by the adjutant general, either on his
own Investigation or on the report of a
medical examiner or board to the extent
approved by him, shall be a charge
against and be paid In the manner pro
vided In section eighty-eight by the
county in which such duty was ren
dered, in every oase where a oounty la
by said section made liable to pay tor
-performance of military duty t and
>
in all other cases such sums shall be a
claim against the State of Maine, and
the adjutant general shall’bo certify tc
the governor and council Who will cause
their warrant to be drawn for the
amount so certified, and the treasurer oi
the State shall pay said amount to the
claimant from any moneys in the treas
ury not otherwise appropriated.
Section 93. It shall be the duty of
municipal officers to provide ami main
tain lor each platoon or company of
the national guard or naval militia lo
cated within the limits of their respect
ive towns a suitable drillroom, offices
and armory, or place of deposit of all
military property, and for the head
quarters of each separate battalion,
corps, regiment, and brigade estab
lished within said municipal limits
suitable headquarters offices; and the
suitability for the necessary military
purposes, of such drillrooms, armories
and headquarters offices, shall be deter
mined by the armory commission. A
reasonable compensation shall be fixed
by the armory commission, after hear
ing and consulting with the responsible
municipal officers, for each company,
other organization, band or separate
headquarters and shall be allowed as
rent for such suitable building or
buildings to the municipality providing
and maintaining them, and paid by the
State out of the appropriation for ar
mory rental, and to carry out the pro
visions of this section the sum* of
twelve thousand, five hundred dollars
for the year nineteen hundred and sev
enteen and thereafter the sum of fifteen
thousand dollars annually is hereby ap
propriated from any money ip the
treasury not otherwise appropriated,
payment to be made by the treasurer
of the State upon vouchers manifested
by the armory commission to the State
auditor.
Section 94. It shall be the duty of
municipal officers to provide for organ
izations of the national guard located
within the limits of their respective
towns a suitable target range, except
where such range shall be provided out
of the funds appropriated by the con
gress of the 1 nited States and appor
tioned to ttie State for that purpose;
and it shall be the duty of such munici
pal officers to maintain and keep in
good repair such target range for the
use of the company or companies lo
cated within the limits of their mu
nicipality, irrespective of the method
in which such rang- may have been
obtained. The suitability of such tar
get range for the necessary military
purposes shall be as determined by the
senior officer in the ordnance depart
ment of the national guard and ap
proved by the adjutant general. All
ranges shall be open for the use of
members of the national guard at any
time, including Sundays, subject to the
approval of the adjutant general.
Section 03. Any municipal officer
who fails, refuses, cr neglects to take
effective measures for providing and
maintaining such suitable drillrooms.
offices, armories, or headquarters as
prescribed in section ninety-three, and
any municipal officer who fails, refuses,
or neglects to take effective measures
for providing and maintaining a suit
aide target range ns prescribed in sec
tion ninety-four, shall bo guilty of a
misdemeanor, prosecuted by complaint
or indictment before a court of com
petent Jurisdiction, and upon conviction
shall be fined not less than one hun
dred dollars nor more than four hun
dred dollars, or imprisoned for not less
than three months nor more than six
months, or shall suffer both such fine
and imprisonment, which fine shall be
paid into the State treasury, and cred
ited to the military fund.
Section 96. All municipalities In this
State are hereby given power and au
thority to build or acquire by purchase,
lease, gift, or otherwise, suitable armor
ies, drill-rooms, headquarters offices,
and the land necessary tl.erefor and for
target ranges for such organizations of
the national guard and naval militia as
may be stationed or located therein, and
to provide for the maintenances and re
pair of the same; and all municipalities
are hereby authorized, and it shall be
the duty of the officers therei f. to raise
money by taxation or otherwise for the
purpose of providing suitable armories,
drill-rooms, headquarters offices and tar
get ranges for such organizations of the
national guard and naval militia, as may
be stationed and located therein, in such
manner as is by law provided for the
erection and maintenance of all munici
pal public buildings and improvements.
Section 97. All armories, drill-rooms,
offices, headquarters offices, and target
ranges, owned by the State or by any
municipality, or by any organization of
the national guard and all buildings and
lands leased by the State, or by any
municipality, or by an officer or organi
zation of the national guard, to he used
as an armory, drill-room, headquarters
office, target range, or for nth r military
purposes shall he exempt from taxation
for all purposes during the period of
such owners!)ip,please and use.
Section 9?. All armories, drill-rooms,
offices and headquarters offices, shall be
subject always to tho provisions of law
and the regulations prescribed nroper
authority; and said arnvwies, ' drill
rooms, offices and headquarters offices,
shall be held for the exclusive use of
the national guard unless otherwise au
thorized by the general regulations for
the government of armories prescribed
by the armory commission, or by special
authority of the chairman of said'com
mission after application in special
cases by the municipal authorities in
writing. Should any municipal officer
use such buildines without .qnllmritv
or abuse the authority or privilege so
granted, they and each of them shall, In
each such case, be deemed guilty of a
misdemeanor and shall be punished as
prescribed in section ninety-five.
Section 99. The adjutant general, to
gether with two officers of the line of
the national guard of or above the
grade of captain and two civilians ap
pointed by the governor for a term of
four years unless sooner relieved by
proper authority and eligible to reap
pointment for a like period, shall con
titute an armory commission of which
the adjutant general shall be the chair
man. whose duty it shall he to exercise
general supervision and control over all
armories, drill-rooms, and* headquarters
offices, to consult and cooperate with
the municipal authorities and to devise
effective means of obtaining and main
taining such armories, and to fix, subject
to the approval of the governor, ‘the
compensation to he allowed to the muni
cipalities as rent for them; they shall
have the power, after consulting and
hearing the responsible municipal offi
cers, to determine the administrative
question of military suitability and ade
quate maintenance of all armories,
drill-rooms, offices, and headquarters
offices; and it shall be their duty to no
tify the responsible municipal officers of
all deficiencies in these respects, and
should such officers fall, refuse or neglect
to take effective measures for providing
such suitable buildings and their main
tenance, the chairman of the commission
shall initiate the prosecution prescribed
by section ninety-five. For each day ac
tually employed in the transaction of
the business of the armory commission
military members other than the adju
tant. general shall receive the pav of
their rank as provided in section
eighty-eight and civilian members shall
receive as compensation the sum of five
dollars; and all members shall be reim
bursed for actual travelling expenses,
such accounts to be paid from the mtll^
tary fund in accordance with the pro
visions of section ninety.
Section 100. The governor is author
ized to accept In the name of the State
donations of lands and buildings to be
used for military purposes by the Na
tional guard or naval militia under such
conditions as the donors may nominate;
lands and buildings so donated shall be
subject to the rules and regulations pre
scribed by the governor; and provided
further that when any building is turned
over to the State for use as an armory
or drill shed the armory commission
shall be authorized to approve for pay
ment from the appropriation for armory
rentals such sums as may be necessary
for the upkeep of such building Includ
ing repairs, furnishings, light, heat, wa
ter and Janitor service.
Section J01 Whenever the military
fund shall be sufficient to warrant such
expenditures, the armory commission
may, with the approval and by the di
rection of the governor, erect upon
lands donated to the State for the pur
pose either by municipalities, corpora
tions or individuals, armories, drill
rooms, headquarters offices or other
buildings for military purposes.
Section 102. Courts-martial in the
national *guard shall be of three kinds,
namely, general courts-martial, special
courts^nartial, and summary courts
martial. They shall be constituted, and
have cognizance of the same subject*
and possess like powers, except as tc
punishments, as similar courts provided
for by the laws and regulations govern
m Inf the. army of the United IStatee^ and
the proceedings of courts-martial of the
national guard shall follow the forms
and modes of procedure prescribed for
said similar courts.
Section 103. The rules of evidence In
all courts-martial shall follow in gen
eral, so far as apposite, the common law
rules of evidence as observed by the
courts of this State In criminal cases,
but a certain latitude ih the Introduc
tion of evidence and the examination of
witnesses by an avoidance of restrictive
rules is permissible when It is in the in
terest of the administration of military
justice. The accused shall *at his own
request but not otherwise, be a compe
tent witness; and his failure to make
such request shall not create any pre
sumption against him.
Section 104. Presidents of courts
martifil and summary court officers
shall have power to issue, In the name
of the State, warrants directing any
sheriff or constable to arrest accused
persons and bring them before the
court for trial, and the accused shall
have the right to demand the nature and
cause of the accusation against him,
and to be presented with a cojjy of the
charges. He shall have the right of be
ing heard by himself or council of both;
end shall have compulsory process for
obtaining witnesses In his favor.
Section 105. Presidents of courts-mar
tlal and any summary court officer shall
have power to summon the necessary
witnesses for the trial of cases and for
that purpose shall have power to Issue,
in the name of the State, all necessary
subpoenas and subpoenas deces tecum.
They shall have power to Issue the like
processes to compel witnesses to appear
and testify which courts of criminal Jur
isdiction within this State may lawfully
issue Such writs and processes may
be directed to any sheriff or constable
whose duty it shall be to serve or exe
cute such writ and process when issued
by the civil courts of criminal Jurisdic
tion in this State.
The attendance of witnesses In the
military service of the State may be
procured by the service of formal sub
poena, or by the order of competent
military authority; and every person In
the military service of the State who
being duly subpoenaed or ordered to
martial wilfully neglects or refuses
to appear or refuses to qualify as a
witness, or to testify or produce docu
mentary evidence, shall be deemed guil
ty of disobedience of orders and pun
ished by a courts-martial accordingly;
and every person nut belonging to the
military service of the State who being
duly subpoenaed to appear as a witness
before a 'courts-martial wilfully neg
lects or refuses to appear or. refuses
so to qualify, testify or produce docu
mentary evidence. shall be deemed
guilty of a misdemeanor and prosecuted
like other misdemeanors in any court
of competent jurisdiction and punished
by a fine not exceeding one hundred
dollars; provided that such witness may
plead as a defense that he was not ten
dered one d- v’s fee and mileage for the
journey to and from the place of trial;
and provided, that all witnesses shall
receive the fees prescribed by statute
for witnesses in the supreme judicial
court, such amounts to be paid by the
adjutant, general; and provided that no
witness shall be compelled to incrimi
nate himself or to answer any question
which may tend to incriminate or de
grade him.
Section 106. All courts-martial of the
national guard including summary
courts shall have power to sentence to
confinement in lieu of fines authorized
to be imposed; provided, that such sen
tence of confinement shall not exceed
one day for each dollar of fine ancj cost
authorized.
All processes, warrants and sentences
of courts-martial shall he executed by
civil officers In this State the some as
like precepts of the supreme judicial
court are executed in the State and all
such processes, warrants and sentences
when Issued by any courts-martial shall
extend to any part of the £ta.te.
Section 107. When the sentence of a
courts-martial adjudges a fins and costs
against anv person, and such sentence
has been approved as provided in arti
cle forty-six. sec ion one hundred and
forty of this act, or whenever a person
in the military service is ordered con
fined to await trial or is sentenced to
^confinement by a icourts-ma.rtial, or
whenever any person Is ordered into
confinement at a place or station not
provided with a guard house or military
prison, the governor, the court or officer
ordering the court, or the officer com
manding for flip iime being, as the. case
may ho. shall issue a warrant of com
mitm-nt direct to the sheriff ' ? th$
county in which the courts-martial was
held, directing him to take the body of
the person so convicted and confine him
in the county jail; and it shall he the
duty of the sheriff to take the. body of
the person convicted and confine him in
the county jail for the time specified in
the sentence, or for one day for any
fine not exceeding one dollar, and one
additional day for every dollar above
that sum, and one additional day for
each dollar of cost. The costs of arrest
and commitment in all courts-martial,
proceedings shall he the same as us pre
scribed in Revised Statutes of this
State for such service in the courts <>f
this State and shall bo pair! by the ad
jutant. general from the military fund
on presentation <-f all papers or copies
of papers showing the service thereon.
Such papers and copies to be certified
as correct by the judge advocate or
summary court.
section j wo. n nenever ny any of the
articles of section one hundred and
forty tli© punishment on conviction of
any military offense is left, to the dis
cretion of the courts-martial, the pun
ishment shall not exceed, in tlie enso r,f
officers, dismissal from the service;
forfeiture of all pay and allowances; a
reprimand; a fine of two hundred dol
lars and cost: arid in the case of enlisted
men, dishonorable discharge from the
service; reduction of non-commissioned
officers to the ranks: to forfeiture of
six months pay and allowance; a fine of
one hundred dollars and costs. Within
such maximum limit the governor may
prescribe in the case of enlisted men a
lesser limit which a courts-martial shall
not exceed, and if no such limit lie pre
scribed any fine awarded shall not ex
ceed the amount of forfeiture 'pre
scribed in the executive order establish
ing maximum limits of punishment for
enlisted men in the regular army.
Section 109. The jurisdiction of the
courts and boards established by this
act shall be presumed, and the burden
of proof shall rest on any person seek
ing to oust such courts or boards of
jurisdiction In any action or proceeding.
No action or proceeding shall be pro
secuted or maintained against a member
of the military forces of this State or
officer or person, acting under its au
thority or reviewing Its proceedings on
account of the approval or Imposition
or execution of any sentence, or the im
position or collection of any fine or pen
alty, or the execution of any warrant,
writ, execution, process, or mandate of
a militafy court.
Section 110. Officers of the judge ad
vocate general’s department, judge ad
vocates of courts-martial, and summary
court officers, are hereby authorized to
administer oaths for the purpose of
military administration, and shall
charge no fee for the same.
Section 111. Each summary court
and the judge advocate of each special
court shall, at the end of each month,
make a report to the adjutant general
of the cases tried, setting forth the of
fense committed and the penalty award
ed, which reports may be destroyed
when no longer of use.
Section 112. The provisions in regard
to courts and boards established by
this act shall apply, so far 'as apposite,
to the naval militia.
Section 113. Each company, troop,
battery, and detachment lh the national
guard shall assemble for drill and in
struction, Including indoor target prac
tice, not less than forty-eight times
each year, and shall, in addition thereto,
participate in encampments, maneu
vers, or other exercises, including out
door target practice, at least fifteen
days in training each year, Including
target practice, unless such company,
troop, battery, or detachment shall have
been excused from participation In any
part thereof by the secretary of war'
Provided, that credit for an assembly
for drill or for indoor target practice
shall not be given unless the number
of officers and enlisted men present for
duty at such assembly shall equal or
exceed a minimum to be prescribed by
the governor, nor unless the period of
actual military duty and Instruction par
ticipated in by each officer and enlisted
man at each such assembly at which he
shall be credited as having been present
shall be of at least one and one-half
hours’ duration and the character of
training such as may be prescribed by
the governor or secretary of war.
Section 114. When any part of th#
national guard participates in encamp
ments, maneuvers, or other exercises
Including out-door target practice, for
field or coast-defence instruction at a
United States military post, or reserva*
tlon, or *l»ewh«r«, It in conjunction
with troops of the United States, the
command of such military post or res
ervation and of the officers and troops
of the United States on duty there or
elsewhere shall remain with the com
mander of the United States troops
without regard to the rank of the com
manding or other officer of the national
guard temporarily engaged in the en
campments, maneuvers, or other ex
Section 116. The uniform, arms and
equipment of the national guard shall be
the same as those of the regular army
and navy of the United States, except
that on articles of uniform and equip
ment the distinguishing letters “Me.’'
may be substituted for the letters “U.
8/'; each organization of the national
guard and every enlisted man thereof
shall be uniformed, armed, and equipped,
as* is or may hereafter be prescribed or
prbvlded by the laws and regulations of
the United States for the national guard,
and no member or organization of the na
tional guard shall adopt, use or wear in
the military service of the State any
other uniform, arms, or equipment.
All commissioned officers shall provide
themselves with such uniforms, arms, and
equipments as are required of commis
sioned officers of the regular army and
the adjutant general may purchase and
Issue as State property on memorandum
receipt or sell for cash to commissioned
officers such articles of arms, uniforms,
and equipment as he may deem neces
sary.
The clothes, arms, military outfit, and
accoutrements furnished by or through
the State to a member of the active mili
tia and the uniforms, arms, and equip
ment required of commissioned officers
shall not be subject to any suit, distress,
execution, or sale for debt or payment or
taxes.
Section 116. Every person, other than
an officer or enlisted man of the national
guard of this State, or of any other State,
or of the United States army, navy, ma
rine corps, or revenue or forest service,
or a member of any service of the United
States for whom such uniform has been
prescribed by proper authority, or inmate
of any veterans’ or soldiers’ home, or a
member of the Grand Army of the Re
public, or or me sons OI veterans ur mo
boy scouts of America who at any time
wears the uniform of the United States
army or navy or national guard of this
State, or any part of such uniform, or a
uniform, or a part of a uniform similar
thereto, within the limits of this State,
shall be guilty of a misdemeanor, and
shall upon conviction be punished by a
line not exceeding three hundred dollars,
or by imprisonment in the county jail not
exceeding six months, or by both such
fine and imprisonment; provided, that
nothing in this act shall be construed as
prohibiting persons of the theatrical pro
fession from wearing such uniform in any
playhouse of theatre actually engaged in
following said profession, and provided
that nothing in this act shall be construed
as prohibiting the unifq#>m rank of civic
societies parading or traveling in a b dy
or assembling in a lodge room; and pro
vided further that whenever the national
guard or any part thereof Is in active sir
vice. or Is called into active service, no
civic organization or member thereof
shall parade or appear In uniform in the
locality where said national guard Is in
service.
Section 117. The clothes, arms, military
outfits, and accoutrements furnished by
or through the State to any member of
the national guard shell not be sold, bar
tered, exchanged, pledged, loaned, or
given away; and no person not a member
of the military forces of this State • r. if
the United States, duly authoriro d offi
cer or agent of the State or of tlie Unite i
States, who has possession of any such
clothes, arms, military outfit, or accoutre
ments, so furnished and which have been
the subject cf any such unlawful dispo
sition, shall have any right, title, or in
terest therein; hut the same shall be
seized and taken wherever found by any
offiec-t^of the State, civ 1 or military, and
shall thereupon be delivered to any com
manding officer or other officer authorized
to receive the same, who shall make no
Immediate report to the adjutant general.
The possession of any such clothes, arms,
military outfits, or accoutrements by any
person not a member of the military
tv'• 's of the State or of the United
States shall he presumptive evidence of
such sale, barter, exchange, pledge, loan,
or gift.
Section 118. Any person who shall sell,
or offer for sale, barter, exchange, pledge,
loan, or give a'jvay, secrete or ret ’n after
demand made by any officer of the State,
civil or military, any clothes, arms, mili
tary outfits, or accoutrements furnished
by or through the State to a member of
the national guard, or who shall receive
by purchase, barter, exchange, pledge,
loan, or gift, any such clothes, arms, mili
tary outfits, or accoutrements shall be
guiitv of a misdemeanor and punished by
a fine not exceeding one hundred dollars
or by imprisonment not exceeding six
months, or by both such fine and impris
onment.
Section 119. The adjutant general shall,
whenever it may he necessary, make ar
rangements for the repair. < leansing, and
renovation of all clothes, arms, military
outfits, or accoutrements on hand * r
issued to any organization of the national
guard; and when the necessity of such
repair, cleansing, or renovation is due
to the fault or negligence of any member
of the national guard, the cost thereof
shall be charged against any pay due or
to become due such member or recovered
in the same manner as a fine, forfeiture,
or penalty, as prescribed by this chapter.
Section 120. The inspector general or
tant general may designate, shall inspect
and condemn public military property
which has become unfit for use: no prop
erty shall he sold until it has been so in
spected and condemned, arid such con
demnation approved by the gover
nor; and the proceeds of sales of
condemned material, stores, supplies,
or other public military property of
every kind shall be deposited v^ith the
adjutant genera’], paid into the State
treasury, and credited to the military
fund.
Section 121. All property furnished by
the State shall remain and continue to he
the property of the State, to be used for
military purposes only, and when not so
in use shall be kept in the armories or
designated places of deposit# provided,
however, that upon order of the governor
and council, the quartermaster general is
authorized to issue to the municipal offi
cers of any city or town field ordnance of
obsolete pattern under such regulations
as the governor and council may pre
scribe. Every officer receiving public
property for military use shall be hell
responsible for the safe-keeping and the
return of the same when called for; he
shall account for and make such returns
thereof as may be prescribed whenever
called upon so to do by the governor or
other proper authority. Each officer ac
countable for State or federal property
issued to him for use of an organization
of the national guard shall be required to
give a bond tc the adjutant general of
the State of Maine in the sum of one
thousand dollars, conditioned on the safe
keeping and return, when called for, of
all such State and federal property in
good condition, reasonable wear and tear
excepted, and the expenses incurred by
entering into such bond shall be paid for
from the military fund.
Section 122. Any officer, enlisted man
or other person, who shall wilfully or
maliciously destroj'-, injure or deface any
article of military property belonging to
the State, or shall use it for other than
military purposes, or shall have or re
tain the same in violation of law or regu
lations shall be punished by a fine not
exceeding fifty dollars. And in case any
officer or enlisted man of the national
guard who has at any time through care
lessness or Inattention lost, destroyed or
suffered to be lost or destroyed, any State
or government property which has been
issued for his use, the paymaster general
shall retain out of the pay or allowances
or moneys due such officer or enlisted
man for any military services whatso
ever, an amount of money equal to the
value of the property so lost or destroyed,
and money so retained shall be credited
to the account of such officer of the na
tional guard as may be accountable to
the State for said property. Such por
tion of said money as shall be for State
property shall be turned in to the treas
urer of the State, to be credited to the
military fund, and such portion as may
be for United States property shall be
turned In to the United States treasury
to be credited to the State on its property
returns.
Section 123. Every person belonging to
the national guard of the State shall
in all eases, except felony and breach of
the peace, be privileged frqm arrest
while going to, remaining at, or return
ing from any place at which he may be
required to attend for the election of
officers or other, military duty.
Section 124. Every member of the na
tional guard, every retired officer, and
every enlisted manv holding the certificate
of merits shall be exempt from all Jury
duty; production of a certificate from the
claimant’s commanding officer showing
that the holder Is a member of the na
tional guard, or a certificate of retire
ment, or of a certificate of merit, or the
sworn statement Athe claimant that he
is such member, rWired officer, or holder
of a certificate of merit, shall be prima
facie proof that the claimant Is entitled
to the exemption.
Section 125. No organization of the na
tional guard shall perform any voluntary
military service except as authorized by
this act or by the express orders of the
governor.
Section 12Q. No organization of the na
tional guard shall leave the State, and no
military organization of another state,
unless acting under the authority of the
United States, Bhall enter the State, ex
cept in each case by permission of the
governor.
Section 127. No body of men, other than
the national guard and the troops of the
United States, shall associate themselves
together as a military company or or
ganization, or parade in public with fire
arms in any city or town of this State;
nor shall any city or town raise or ap
propriate ar.y money toward arming,
equipping, uniforming or in any other
way supporting, sustaining or providing
drill-rooms or armories for any such body
of men; but associations wholly composed
of soldiers and sailors honorably dis
charged from the service of the United
States and the order known as the Sons
of Veterans may parade at any time in
public with firearms, having first ob
tained the written permission of the city
or municipal officers of the town or city
in which they reside to parade, and stu
dents in educational Institutions where
military science Is taught as a prescribed
part of the course of instruction, may,
with the consent of the governor, drill
and parade with firearms in public under
the superintendence of their military in
structors. Any person violating any
provision of this section shall be deemed
guilty of a misdemeanor and punished by
a fine not exceeding ten dollars, or by
Imprisonment not exceeding six months,
or bv both such fine and imprisonment.
Section 12$. The commanding officer of
rading or performing any military duty
in any street or highway, may require
any or all persons in such street or high
way, to yield Hie right of way to such
national guard, provided the carriage of
the United States mail, the legitimate
functions of the police and the progress
and operations of the hospital ambu
lances, tire engines, and fire departments,
and apparatus of the insurance patrol
shall not be interfered with thereby. All
others who shall hinder, delay, or ob
struct any portion of the national guard
whenever parading or performing any
military duty, or who shall attempt so to
do, shall be guilty of a misdemeanor.
Section 120. Every commanding officer,
when on duty as such, may tix necessary
hounds and limits to his camp, or parade,
not Including a road so as to prevent
passing. Whoever intrudes within the
limits of the parade camp or armory,
a tier being forbidden, or resists a senti
n* who attempts lo put him or keep him
out of such limits, or in any manner in
terrupts or molests the orderly discharge
of duty by those under arms, or disturbs,
hinders, or prevents the passage of troops
going to or returning from any duty,
may, at the discretion of the commanding
officer, be confined under guard not ex
ceeding twenty-four hours. Such au
thority of an officer c-.mma ruling a camp
may he extended by < rder oT the com
mander-in-chief to r distance not exceed
ing one-half mile around such camp; pro
vided, that the owner or owners of the
external space witlrn such distance f the
camp, and their 'gents <r s- wants shall
not he hindered or prevented from enter
ing upon such space for the purpose o£
using, occupying, and improving the
same, in the same manner in which they
used, occupied, and improved the same at
the time when the camp was established.
The commanding officer of any camp or
armory shod prohff t the introduction or
sale (;f, or dealing in. beer, wine, or any
Irtt ixicating liquor within the limits o:
extended limits of the camp or within the
armory, and he may a beta as common
nuisances al! such sales and introduc
tions.
Section 120. Any person wrho, either by
himself or with another wilfully deprives
a member of U e national guard or naval
militia of his employment or prevents his
being employed by himself or another, or
obstructs or annoys saM member of said
national guard or naval militia or his
employer in respect of his trade, business,
or employment, because said member of
said national guard or naval militia is
such member, or dissuades any person
from enlisting in the said national guard
or naval mil'tia by threat of injury to
him in case be shall so enlist, in respect
of his employment, trade, or business,
shall be deemed guilty of a misdemeanor
and upon coi action thereof shall he pun
ished by a line not exceeding five hun
dred dollars, or by imprisonment not ex
ceeding six months, or by both such fine
and imprisonment.
Section 131. \o association or corpora
tion, constituted or organized for the pur
pose of promoting the success <>f the
trade, employment, or business of the
members thereof, shall hv any constitu
tion. rule, by-law, resolution, vote, or reg
ulation. discriminate against, any member
of the national guard or naval milit'a be
cause of such membership, in respect of
the eligibility of such member of the na
tional guard or naval militia to member
ship in such association or corporation,
or in respect to his rights to retain said
person who aids in enforcing- any such
provisions against a member of the saiil
national guard or nnval militia with in
tent to discr'minpto against him because
of such membership, shall bo guilty of a
misdemeanor and upon f'onviction thereof
shall be punished by a fine not exceeding
five hundred dollars, or by imprisonment
not exceeding six months, or by both
such fine and imprisonment.
Section 132. Whoever shall unlawfully
molest, insult, or abuse any member of
the national guard or nnval militia, while
in the performance of his military duty,
shall he deemed guilty of a misdemeanor
and on conviction thereof, shall be pun
ished by a fine not to excited five hundred
dollars, or by imprisonment not exceeding
six months, or by bpth such fine and im
prisonment.
Section 133. Offenses against the pro
visions of this chanter, except when they
are purely military and committed by a
person subject to military jurisdiction,
may, unless a different remedy is spec
ially provided, be prosecuted' by com
plaint or indictment before a court of
competent criminal jurisdiction; and all
fines and forfeitures collected under the
provisions of this chapter, the disposi
tion whereof Is not otherwise specially
provided for. shall be paid into the State
treasury and credited to the military
fund.
Section 134. Civil officers named In this
chapter, neglecting or refusing to obey
Its provisions, shall be guilty of a mis
demeanor.
Section 135. Companies of the national
guard may make by-laws, subject to the
written approval of the adjutant general,
not repugnant to law, orders, or regula
tions, and fix a sum to bo paid by any
member of such company for non-compli
ance therewith not exceeding five dollars.
Any member who fails to pay such sum
so fixed, within thirty days after notifica
tion that the same is due, shall he deemed
guilty of conduct to the prejudice of good
order and military discipline, and pun
ished by a • court-martial accordingly;
and all forfeiture resulting therefrom
shall be paid into the company treasury.
Section 136.—The commissioned officers
of the national guard may organize them
selves into an association the name of
which shall be The National Guard Asso
ciation of the State of Maine. Such asso
ciation may adopt a constitution and by
laws not repugnant to the law, orders, or
regulations, and altar and amend the
same, and may take and hold such real
and personal property ns may be neces
sary for the purposes of the association.
Section 137. The governor is hereby
authorized to make such rules and regu
lations as he may deem expedient, but
such rules and regulations shall conform
to this chapter, and regulations pub
lished by the militia bureau of the war
department for the government of the
national guard of the United States, as
nearly as practicable, to those govern
ing the United States army and navy,
and when promulgated, shall have the
same force and effect as the provisions
bf this chapter. The rules and regula
tions in force at the time of the passage
of this chapter, and not inconsistent
herewith, shall remhin in force until
new rules and regulations are approved
and promulgated.
Section 138. The national guard when
called as such into the service of the
United 'States shall, from the time they
are required by the terms of the call to
respond thereto, be subject to the laws
and regulations governing the regular
army, so far as such laws and regula
tloiis art applicable to officers and en
listed men whose permanent retention
In the military service, either on the ac
tive list or on the retired list. Is not
contemplated by existing law.
Section 139. Whenever any portion of
the militia not being in the Bervloe of
the United States shall be on duty or
ordered to assemble for duty by the
governor in time of actual war, insur
rection, Invasion or rebellion, the ar
ticles of war governing the army of the
United States, the articles for the gov
ernment of the United States navy, and
the regulations prescribed for the army
and navy of the United States, so far as
consistent with this chapter and the
regulations issued thereunder, shall be
in force and regarded as a part of this
chapter until said forces shall duly be
relieved from such duty during* such
state of actual war, insurrection. Inva
sion, or rebellion; but no punishment
under such rules and articles which
shall extend to the taking of life, shall
In any oase be Inflicted until the approv
al by the governor of the sentence In
flicting sucn pnulshment.
Section 140. Except as provided In
the preceding sections the officers and
soldiers of any troops whether national
guard or unorganized militia of this
State or otherwise, appointed, enlisted,
mustered or drafted Into the military
forces of this State, shall, at all times,
and In all places, be governed by the
following rules and articles and shall be
subject to be tried by courts-martial.
I. Preliminary Provisions.
Article 1. The following words when
used In these articles shall be con
strued In the sense indicated In this ar
ticle, unless the context shows that a
different sense Is intended, namely:
(a) The word “officer" shall be con
strued to refer to a commissioned offi
cer;
(b) The word “soldier" shall be con
strued as Including a non-commissioned
officer, a private, or any other enlisted
man;
<c) The word “company" shall be un
derstood as Including a troop or battery;
and
(d) The word “battalion" shall be un
derstood as including a squadron.
Article 2. The following persons are
subject to these articles and shall be un
derstood as included in the term “any
person subject to military law,” or “per
sons subject to military law,” whenever
used in these articles:
to the national guard of the State of
Maine; all volunteers, from the dates of
muster or acceptance Into the military
service of the State of Maine; and all
other persons lawfully called, drafted
or ordered Into, or to duty or for train
ing in, the said service, from the dates
they are required by the terms of the
call, draft, or order to obey the same:
(e) All persons under sentence ad
judged by courts-martial.
ii. cot;rts-martiat>.
Article 3. Courts-martial shall be of
three kinds, namely:
First, general courts-martial;
Second, special courts-martial; and
Third, summary courts-martial.
A. Composition.
Article 4. All officers in the military
service of the Maine national guard
shall be competent to serve on courts
martlal for the trial of any persons who
may lawfully be brought before such
courts for trial.
Article 5. General courts-martial
may consist of any number of officers
from five to thirteen, inclusive; but the'
si ill not consist of less than thirteen,
when that number can be convened with
out manifest injury to the service.
Article C». Special courts-martial may
bo nr-1st of any number of officers from
three to five, inclusive.
Article 7. A summary courts-martial
shall consist of one officer.
B. By Whom Appointed.
Article 8. The President of the Uni
ted Sta.te3 and the governor of the State
of Maine may appoint general courts
martial.
Article 9. The commanding officer of
a district, garrison, fort. camp, or other
place where troops are on duty, and the
commanding officer of a brigade, regi
ment. detached battalion, or other de
tached command may appoint special
courts-martial; but when any such
commanding officer is the accuser or ti e
prosecutor of the person or persons to
be tried, the court shall be appointed by
superior authority, and may in any case
be appointed by superior authority when
by the latter deemed desirable; and no
officer shall be eligible to sit as a mem
ber of such court when he is the accuser
or a witness for the prosecution.
Article 10. The commanding office
of a garrison, fort, camp, or other piece
where troops are on duty, and the com
manding officer of a regiment, detached
battalion, detached company, or otho:
detachment may appoint summary
courts-martial; but such summary
courts-martial may in any case be ap
pointed by superior authority when by
r#the latter deemed desirable. Provided,
that when but one officer Is present with
a command he shall be the summary
courts-martial of that command and
shall hear and determine cases bought
before him.
Article 11. For each general or spec
ial court-martial the authority appoint
ing the court shall appoint a judge ad
vocate. and for each general court-mar
tial ono or more assistant judge advo
cates when necessary.
C. Jurisdiction.
Article 12. General courts-martial
shall have power to try any person sub
ject to military law for fry crime or of
fense made punishable by the Military
law. .Such courts shall ha\p power to
-impose fines not exceeding two hundred
dollars; to sentenco t » forfeit ore of six
months’ pay and allowances; to - repri
mand: to dismissal or dishonorable dis
charge from the service; to reduction of
non-commissioned officers to the ranks;
or any two or more of such punishments
may be combined in the sentences im
posed by such courts.
Article 13. Special courts-martial
shall have power to try any person sub
ject to military law. except an officer,
for any crime or offense, not capital,
made punishable by the military law:
Provided, that the governor may. by
regulations, which he may modify from
time to time, except from the jurisdic
tion of special courts-martial any class
or classes of persons subject to military
law. .
Such courts shall have power to im
pose fines not exceeding one hundred
dollars; to sentence to reduction of non
commissioned officers to the rank**: to
forfeiture of six months’ pay and allow
ances, or any two or more of such pun
ishments may be combined In the sen
tence imposed toy such courts.
Article 14. Summary courts-martial
shall have power to try any person sub
ject to military law, except an officer,
for any crime or offense, not capital
made punishable by the military law:
Provided, that the governor may, by
regulations, which he may modify from
time to time, exempt from the Jurisdic
tion of summary courts-martial any
class or classes of persons subject to
military law.
Such courts shall have power to im
pose fines not exceeding twenty-five
dollars for any single offense; to sen
tence to forfeiture of three months’ pay
and allowances: to reduction of non-com
missioned officers to the ranks; or any
two or more of such punishments nlav
be combined In the sentence imposed
by such court: Provided, that when the
summary court officer is also the com
manding officer no sentence of such
summary courts-martial adjudging for
feiture of pay for a period In excess of
one month shall toe carried into execu
tion until the same shall have been
approved by superior authority.
Article 15. The provisions of these
articles conferring jurisdiction upon
courts-martial shall not be construed
as depriving military commissions, pro
vost courts, or other military tribunals
of concurrent jurisdiction In respect to
offenders or offenses and by the law of
war may be lawfully triable by such
military commissions, provost courts, or
other military tribunals.
Article 16. Officers shall be triable
only by general courts-martial, and in
no case shall an officer, when it can be
avoided, be tried by officers Inferior to
him in rank.
D. Pfbcedure.
Article 17. The ludge advocate of a
general or special courts-martial shall
prosecute in the name of the Plate, and
shall under the direction of the court,
prepare the record of Its proceedings.
The accused shall have the right to ho
represented before the court by counsel
of his own selection for his defense,
If such counsel be reasonably available,
but should he, for any reason* be un
represented by counsel, the judge advo
cate shall from time to time throughout
the proceedings advise the accused of
his legal rights.
Article 18. Members of tC general or
special court-martial run-, .
by the accuser], 1 ,t -r4
ed, to l!?® ‘■°JJrt- l
mine the relevant ■
of, and shall nut :.
more than one in „
Article 19. *h« £2.» Uc„ *
general or special ’ , „
administer to the rr. r ‘ J
before they .proceed . >3
following oath or <v*~. ‘a. ’
A. 13.. do swear (or „ J
well and truly try . '. 1 y0#l
cording to the e. i. ... 1
now before you, bet
Maine and the per.-, i
that you will <
without pailiamv. • !
according to the pro
and articles for the « \
armies of the S’y !
any doubt should
by said articles, ( j
conscience, the be i
ing, and the cum- ■ i
oases; and you do i , \
firm) that you will i
lngs or sentence *,f •
shall be published
thorlty, except t 1
and assistant Judj.
will you disclose .
or opinion of an- f
of the court-mai l!,. - -
give evidence then
court of justice li.
So help you God.”
When the oath nr .
administered to t
eral or special < '
dent of the coin
the Judge advr.
pistant judge adv ,
or affirmation !
"You, A. H.f do
you will not dlvul
tences of the •
proper authority
duly disclosed by ■
you God.”
All persons who '
a court-martial * •»«
oath or aff’rmat, .
form: "You swear
evidence you sim:! \
in hearing shall I .
truth, and i.<,r }
hell) you God.” ’
Every reporter < f
a court-martial m
upon his dm-.--<
tin in the foih.v
(or affirm) th.,
perform the d:d i
court. So help - ,
Every inti r ,■ "
case be for- a’. ^
<>r_ affirmation t ,
“Y«ui swear for ;
truly interpret ‘n t
in&. So help v<-,;j $
In case of affirm a
tence of adjurat:
Article 20 An
reasonable cause J
e!tlir>r party '
as may appear t
Article 21. V, .
raigned before a j
stinacy and d-d;'
mute or ansvy r "4i
the court nv • ; T
judgment as jf - *:
guilty. |
Article 22. K ..
a general or "q
every summarv • n
power to Jssuj ti:,» )
pel witnesses t,. i
which courts of -
innl ■
A:
to militarv In <
1 oenned r., a;,;--'-- J
any military . 1
°f itKlufr'’, r»j |,. if
eer. military or
a deposition t-• ii
fore such co-mi ' ’
Inquiry, or i.o;,,'.] M o
refuses to ftp;..- ,
O’ as a wit m ss.
<luee document aw . d
person may Kw ' -c
mied to pr-.ducu. •
of a mfsdemec "t
son shall be pi;--'. *
In any court ha .
tjon in tliis Stm. •* '*
hereby conferred '}
such .purpose; and
of t he c -'UMtv at r,i• ;
of original crim
certification of tj...
military court. c< ’
tjuiry. or board, t>- !
aei, i»«3t and pr« s
fencing, and th. .
person, on convd t;
not i no re than !;• ,
imprisonment mi
mouths, or i.ot') ■ * •
court; Provided, f ’ :
wit lies s and Jits’ •'
am-wed to wit;.
courts of the Si •••
or tend “red said v. !
1 - paid out of ■ ■ J
Article 21. X0 v. '.
court., commm;
board, or before a-■ ..J
civil, dcrignate ■ ‘
be read in cv.\. J.,
court, ciminiyin- . ^
board, shall he - j
himself or to at
may tend to j;
Article 23. a
s-1ion taken up
the opposite par- . •
before any t ; • . .
Jii any case wy .'
ceeding before a
milita ry hoard. •
tnimu w.' r-n the v
or is about to ;
beyond the distar
from the place , .
when it aopears t. ■]
c'nirt, I'oinmlssi ■
authority that th
age, sickness, b. ;
t-w-nt, or ether ■
able to appear c•
tiro pin-T* of tr'.ii
that tesrimorn
adduced f--r the
evidence liofi -.. j
slon, courts of in
or for other c •
tion. may lot }.,
catod by any o;. i
the laws of the p!
tion Is taken to
Article 27. The r
fngs or a court < \
in evidence lief
militarc comm;-.-::
tal not extendi: ,
officer, and • ia\ .
in any pro-'crdii
quirv or a no lit •
such evidence » -
fense in r;>pun I
to the dismissal
Article 28 Ai j
tendered his res;,
notice of the a
quits his post or :
leave and with '
permanently tit- r \
a deserter.
Article 20. Any •
having first rer i
again enlists !•■
Guard, or in the ;
corps of the Vn't- 5
eign army, shall j
sorted the servi
where the enlistm
tlonal Guard mer
fraudulently enlh-r.
Article 30. When- ^
lal court-martial
sion, the Judge ,- p
judge advocate, ;r ?•
and when their h • j
sistance in referrm
dence is require !.
open court, and in •' ’
cused and of hi:
Article 31. Mom’
special court-mart
votes, shall begin w!'
Article 32. A c< a
at discretion, sui
contained in arti-’•
who uses any nn
gestures in its ;>t
its proceedings by
Article 33. Each l
shall keep a sepa^
feedings in the trl 1
before it. and suo'a
thentlcated hv the -
rlent and the jude-'
the record can n- t
the Judge advocate
death, disability, or
signed by the pres i
judge advocate, if !
assistant Judge n-!v \
his dentil, disability.
the president and ot
the court.
Article 34. Each sp
and each summary j
keep a record of it.- > J
for each case, win- ’
such matter and ho
manner as may lo
tions which the govt •1 \
to time prescribe.
Article 35. The ludge '