Citizens,

who subject to military duty.

Persons exempted.

[No. 84.]

AN ACT to increase the efficiency of the military establishment of the State of Michigan, to make an appropriation therefor, and to repeal all former acts or parts of acts inconsistent with the provisions of this act.

The People of the State of Michigan enact:

SECTION 1. All able-bodied male citizens of Michigan, including those of foreign birth who have declared their intention to become citizens of the United States, residing therein, of the age of eighteen years and under the age of forty-five years and not exempted by the laws of the United States or of this State, shall constitute the militia and be. subject to military duty. In addition to the persons exempted by the laws of the United States, the following persons shall be exempted from military duty, namely: Officers of the State government; judges of the supreme court, circuit and district courts; members of the legislature; officers and guards of the State prisons, houses of correction and other State institutions; keepers of poorhouses, officers, attendants and assistants; firemen after seven years' service as such; officers who have held commissions in the regular or volunteer army or navy of the United States; commissioned officers of the militia of this State who have served in said militia fully uniformed and equipped according to law and regulations for the term of six years and who have resigned after such service, or have been honorably discharged; all county officers, except notaries public; all teachers engaged in public instiUnorganized tutions and public schools and ministers of the gospel. The unorganized militia shall not be subject to actual duty, except when called into service of the State or United States in case of war, rebellion, invasion, the prevention of invasion, the suppression of riots, tumults and breaches of the peace, or to aid civil officers in the execution of the law and the service of process, in which case they, or as many of them as the necessity requires, may be ordered out for actual ser vice by draft or otherwise as the Governor may direct. The portion of the militia ordered out or accepted shall be mustered into service for such period as may be required, and the commanding officer may assign them to the existing organized militia or organize them, as the exigency of the occasion may require.

militia, when subject to duty.

How

mustered in.

Supervisors, when to

names.

SEC. 2. The officers acting as supervisors of every townreturn list of ship, ward or city shall immediately, upon an order from the Governor of this State to that effect, return a list of the names of all persons who are liable to perform military duty residing in their township, ward or city, to the county clerk, who shall, within twenty days after the receipt of such re

supervisor.

turn, number the names and file the lists in his office and re- Lists, where turn the aggregate number of all the persons so enrolled in filed, etc. his county to the adjutant general. The supervisors shall Power to have power to question under oath, which they are hereby question. authorized to administer, any person deemed liable to perform military duty, but who denies the same, and if any person refuses to be sworn, the supervisor shall enroll his name in the same manner as though he had admitted his liability. Upon the return of the supervisor's list to the county clerk, Fee of properly certifying that he has enrolled all persons who are liable to perform military duty residing in his township, city or ward, he shall be paid two cents for each person enrolled, out of the treasury of the county. If any supervisor or county Penalty for clerk shall wilfully neglect or refuse to perform the duty of duty. enjoined upon him by this act, the person or persons guilty of such refusal or neglect shall be liable to a penalty of not less than one hundred nor more than five hundred dollars, to be recovered by action of debt before any court of competent How jurisdiction, in the name of the people of the State of Michi- recovered. gan, and it shall be the duty of the prosecuting attorney of the county in which such action is brought to prosecute the

neglect, etc.,

not made.

All moneys accruing from such prosecution shall, after Where paid. deducting the legal costs and charges, be paid into the county treasury. In cases where such lists are not made out and In case lists filed as herein provided, and when the same may be deemed absolutely necessary to the public safety, the Governor is authorized to cause such lists to be made by any other suitable person, to be by him designated, who shall have the same power and receive therefor the same compensation as provided herein for supervisors.

Power of

case of

SEC. 3. In case of actual or threatened war against, insurrection in, or invasion of the State, or in case of actual governor in rebellion in or war against the United States, or in case the war, etc. President of the United States shall make a requisition on the Governor of this State, he may order out by draft, voluntary enlistment or otherwise, the whole or so much of the militia of the State as the public necessity demands, and he may also in like manner order out any portion of the militia for the service of the State to suppress riots and to aid civil officers in the execution of the laws of this State or of the United States; he may appoint the number by draft according Appoint to the population of the several counties of the State, or draft, etc. otherwise, as he shall direct, and shall notify the sheriff of Notice to each county from which any draft is so required of the num- sheriff. ber of persons his county is to furnish. Upon the requisition Sheriff, duty of the Governor being received by the sheriff, he shall imme- of. diately personally notify the county clerk, or in case of the absence of such clerk or his inability to act, then his legally authorized deputy or deputies, who shall repair to the office of the county clerk and in public shall copy by name or number from the supervisor's roll of each township, city or ward of

number by

such county, all persons who are so returned as liable to perform military duty; such names or their corresponding numbers shall be placed on slips of paper of the same size and appearance, as near as practicable, which slips so named or numbered shall be placed in a box suitable for that purpose and the number required to fill such draft or requisition shall be drawn therefrom in the same manner as jurors are by law now drawn. All persons so drawn and liable to perform mili. tary duty shall be determined to be legally held to serve in the manner and for the purpose and time specified in the requisition, and the sheriff shall notify the persons so drafted, orally or in writing, at what time and place they shall appear. SEC. 4. Every person so ordered out, or who shall volunteer or is drafted, and who shall not appear at the time and place designated by such sheriff or other proper officer, or who shall not produce some able-bodied or proper substitute at such time and place, or shall not pay to such sheriff for the use of the State the sum of three hundred dollars within twenty-four hours of such time, shall be deemed to be a soldier in actual service, absent without leave and liable to a penalty of three hundred dollars. Should the officer detailed for the purpose be unable to secure any soldier so drafted, the sheriff of the county shall, upon notice thereof, be authorized and required to arrest such soldier and notify the prosecuting attorney thereof, who shall prosecute such delinquent before any court having jurisdiction for the recovery of the penalty aforesaid, and the person so arrested may be released from all such obligations and penalties on the enlisting and mustering of an acceptable substitute and the payment of the costs of prosecution.

SEC. 5. Whenever the militia shall be ordered out under the provisions of this act as specified in section three, it may be organized by the Governor, as commander in chief, with the advice of the State Military Board, into companies, regiments, brigades and divisions, which organization shall correspond, as near as may be, in all respects with like organizations of the United States army in the same arm of service, and the same shall be numbered and proper record thereof made in the office of the adjutant general, and such forces shall be officered, instructed and governed according to the laws of this State and of the United States. Each enlisted man before being mustered into the service shall be subjected to a competent physical examination to determine as to his physical soundness, and all commissioned officers, except officers of the Michigan national guard, shall be examined by a competent board of examiners as to their ability and fitness. to command. The arms, clothing, equipments and subsistence to be furnished by the State when militia is in the field in accordance with the purposes of this act, shall, as near as possible, be the same as furnished by the general government for the regular and volunteer army of the United States,

and while in actual service they shall receive the same com- Compensation. pensation as allowed soldiers in the army of the United States. Camps of instruction may be ordered. When the purposes When for which said troops were called into service have been accomplished, the Governor may muster them out.

mustered out.

officer and

paymasters.

SEC. 6. When troops of the State of Michigan are called Recruiting into the field for the purpose of recruiting them originally or keeping organizations up to the maximum strength, the Governor may detail officers of the national guard to act as recruiting officer and paymasters, and assign them to duty at such points in the State as he may designate. Such officers Rank and may be of any rank and shall be paid the pay proper and pay. allowances of officers of like grade in the United States army or navy.

organized

composed.

service.

governor.

SEC. 7. The permanent organized militia shall be composed Permanent of volunteers between the ages of eighteen and forty-five years, militia, to be known as the Michigan national guard and as the Michi- how gan naval brigade, as the case may be, and in the case of war, rebellion, invasion, the suppression of riots or the aiding of civil officers in the execution of the laws of the State, shall be the first to be ordered into service. Whenever the Presi- Mobilization dent of the United States shall issue his order to the proper for federal officer or officers of the national guard of Michigan, through the commander in chief, for the mobilization of any part or all of the national guard of Michigan for federal service, such organization of the national guard of Michigan as may be sufficient to comply with the orders of the President of the United States shall be mobilized as required by said orders. Immediately upon the mobilization of any of said forces, and Duty of as soon as they shall be in the service of the United States, it shall be the duty of the Governor to organize and muster into the service of the State of Michigan such number of companies, battalions or regiments as he may deem necessary to adequately protect the State. The organization so mustered National into the service of the State of Michigan shall be known as the national guard reserve, and whenever one regiment or more of the national guard of Michigan shall have been mobilized for the federal service, at least one battalion of the national guard of Michigan not in the service of the United States, or at least one battalion of the national guard reserve, shall be designated as a depot battalion and shall be Depot used for the purpose of recruiting men for service with those organizations theretofore ordered into the federal service. This battalion shall be stationed at such place as the com- Where mander in chief may designate, and the officers assigned to stationed. duty therewith shall be selected for their fitness to perform the duties required for such an organization. Whenever any Vacancy in part or parts of the national guard reserve shall be mustered how filled. into the federal service, an equal number of companies, battalions or regiments shall forthwith be organized and mustered into the service of the State of Michigan, to fill the

guard reserve.

battalion.

reserve,

Minors,

with consent may enlist

vacancy in the national guard reserve created by the muster into the federal service of such organization. Whenever any part of the national guard of this State shall be relieved from duty in the service of the United States, such organization shall resume its former designations as a part of the national guard of this State the same as if they had not been ordered into the federal service, and the national guard reserve organized to take their places shall be mustered out of the service of the State. Minors over the age of eighteen years may be enlisted into the Michigan national guard, with the consent in writing of their parent or guardian, or if they have none, with the consent in writing of a justice of the peace of the township or city in which they reside. Every applicant for for enlistment, enlistment in the Michigan national guard shall furnish satisfactory evidence of good character, and before being enlisted into the service, shall submit to a physical examination; and no such applicant shall be so enlisted, unless after such examination, it shall be determined by the medical officer or officers making the same, that he is in every respect in sound bodily health. No applicant shall be so enlisted in any company of the Michigan national guard who does not reside within a radius of six miles from the armory of the company in which he proposes to enlist. The term of enlistment in the Michigan national guard shall be three years.

Applicants

requirements.

Term of enlistment.

Oath, form of.

SEC. 8. Before any person shall be enlisted into the service of the State under the provisions of this act, he shall take the following oath (or affirmation), which shall be adminis tered to him by the enlisting officer or by some person authorized to administer oaths: "I ... do solemnly swear (or affirm) that I will bear true allegiance to the United States of America, and to the State of Michigan; that I will serve them honestly and faithfully against all their enemies and opposers whomsoever, and that I will observe and obey the orders of the President of the United States, the Governor of this State, and the orders of the officers appointed over me, according to the rules and articles for the government of the armies of the United States and of this State." The enlisting officer or the officer administering such oath or affirmation shall certify on the enlistment roll that the persons whose names appear thereon did take the said oath or affirmation, which certificate signed by him shall be sufficient evidence that the persons named therein did take the said oath or affirmation before him. All officers of the military force of this State shall be empowered to administer oaths of enlistment, and the same shall have as full force and effect as if made before a civil magistrate or other officer competent to administer oaths. All officers commissioned in commissioned the Michigan national guard shall, before entering upon their duties, take and subscribe the prescribed constitutional oath of office, which oath shall be filed with the adjutant general, except as otherwise provided.

Enlistment roll, how certified.

Oath of enlistment, who may administer.

Oath of officers.