Appropriation.

To be in

state tax.

SEC. 2. To defray the expense of necessary printing, postage and clerical service for the purpose mentioned in this act there is hereby appropriated for the fiscal year ending June thirtieth, nineteen hundred ten, the sum of seven hundred fifty dollars, and for the fiscal year ending June thirtieth, nineteen hundred eleven, the sum of seven hundred fifty dollars.

SEC. 3. The Auditor General shall add to and incorporate corporated in in the State tax for the year nineteen hundred nine, the sum of seven hundred fifty dollars, and for the year nineteen hundred ten, the sum of seven hundred fifty dollars, which when collected shall be credited to the general fund to reimburse the same for the money hereby appropriated. This act is ordered to take immediate effect. Approved May 13, 1909.

Sections repealed, amended and added.

Forces

distinguished.

[No. 90.]

AN ACT to repeal section thirteen and to amend sections five, eleven, twelve, fourteen, seventeen, nineteen, twenty and thirty-six of act number one hundred eighty-four of the public acts of eighteen hundred ninety-three, as amended by act number two hundred twenty of the public acts of nineteen hundred five, entitled "An act to provide for the enrollment, organization, equipment, maintenance and discipline of the naval militia of the State."

The People of the State of Michigan enact:

SECTION 1. Section thirteen of an act entitled "An act to provide for the enrollment, organization, equipment, maintenance and discipline of the naval militia of the State," approved May thirty-first, eighteen hundred ninety-three, as amended by act number two hundred eleven of the public acts of eighteen hundred ninety-five, act number six of the public acts of eighteen hundred ninety-eight and act number two hundred twenty of the public acts of nineteen hundred five, is hereby repealed, and sections five, eleven, twelve, fourteen, seventeen, nineteen, twenty and thirty-six of the same are hereby amended, and one new section is added thereto to stand as section thirty-eight, said amended and added sections to read as follows:

SEC. 5. The naval forces of the reserve militia of the State may be designated the reserve naval militia, and the naval forces of the active militia or Michigan State troops shall be known and designated as the Michigan naval brigade, in order to distinguish such forces from the land or military forces of the reserve and active militia.

divisions of.

officers.

SEC. 11. The naval brigade shall be divided into battalions Brigade, of not more than four nor less than two divisions each as the commander in chief may from time to time order and direct, and shall be commanded by a captain, who shall be appointed and commissioned as soon as two battalions shall have been fully organized and equipped. There shall also Commissioned be allowed to the brigade the following commissioned officers, viz.: One commander, who shall be the chief executive officer of the brigade; one lieutenant commander, who shall be the navigating and ordnance officer of the brigade; one lieutenant commander, who shall be the chief engineer of the brigade; and a brigade staff to consist of the following officers, viz.: One paymaster, who shall be chief mustering officer of the brigade; one surgeon; one signal officer; and two aides-decamp. The paymaster and surgeon shall have the relative rank of lieutenant commander; the signal officer shall have the rank of lieutenant, junior grade; and the aides-de-camp shall have the rank of ensigns. There shall also be allowed to the brigade staff such number of warrant officers, not exceeding six, and such number of petty officers as the commander in chief may from time to time direct.

in chief,

SEC. 12. The Commander in Chief may appoint not more Commander than two assistant paymasters with relative rank not ex- appointive ceeding that of lieutenant, junior grade, who shall be sub- powers. ordinate to and under the orders of the commander of that battalion to which he may be assigned, either by the commander in chief or by the brigade commander.

SEC. 14. Each battalion of four divisions shall be com- Officers. manded by a commander, and each battalion of less than four divisions by a lieutenant commander. To each battalion there shall be allowed the following additional commissioned officers, viz. One lieutenant commander in the case of battalions of less than four divisions; one lieutenant, who shall be the chief executive officer of the battalion; one lieutenant, who shall be the navigating and ordnance officer of the battalion; one lieutenant, who shall be the chief engineer of the battalion, and not to exceed one ensign for each division of the battalion, to be assigned to engineering duties; and a battalion staff to consist of one chaplain, one passed assistant surgeon, and two assistant surgeons, and one signal officer. Chaplains, passed assistant surgeons and passed assistant engineers shall have the relative rank of lieutenant; assistant engineers and assistant surgeons shall have the relative rank of ensigns; and signal officers of battalions shall have the relative rank of ensigns. There shall also be allowed to each battalion staff such number of petty officers as the commander in chief shall from time to time order and direct.

SEC. 17. All officers and enlisted men shall receive for Compensation. each day actually spent by them on duty, on the tours of duty or cruises authorized by this act, or the actual service

on any duty authorized by this act or ordered by the Commander in Chief, and for the time necessarily spent by them in traveling from their homes to the place of rendezvous and returning to their homes, full compensation, together with the necessary transportation, to-wit: To each enlisted man below the rank of petty officer, one dollar twenty-five cents per day; to each third class petty officer, one dollar thirty-five cents per day; to each second class and first class petty officer, one dollar forty-five cents per day; to each chief petty officer, one dollar fifty-five cents per day; and to each enlisted man subsistence, the cost of the same not to exceed seventy-five cents per day, the difference between the cost of the rations and said seventy-five cents per day to be paid in money to said enlisted men at the time of payment for such service; to warrant officers, such pay and allowances, not exceeding those allowed to ensigns for similar services, as the commander in chief may from time to time direct and establish; to all other commissioned officers such pay and allowances as are fixed by law or regulations for officers of corresponding rank in the United States navy while on duty at sea: Provided, That any officers who shall be members of the State Military Board or any other similar body, shall each receive such annual compensation and allowances as are made for members of such boards or bodies: Provided further, That hereafter each officer upon his first appointment as an officer shall be paid the sum of fifty dollars as an equipment allowance: Provided further, That any officer or enlisted man guilty of drunkenness on any tour of duty or cruise, or on the way to or from the same shall forfeit all pay for that entire tour of duty or cruise, 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. All officers and enlisted men shall receive for their services for each day actually spent 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 to and from their homes to the place of rendezvous, the compensation provided herein Compensation, above in this section. Such compensation, subsistence, al

Proviso.

Further proviso.

subsistence,

etc., how audited, etc.

Warrant.

lowances and cost of transportation, and the cost of all ammunition used or purchased for use by any officer in command of the naval brigade or any portion thereof, so called out, shall be audited and allowed by the Auditor General when detailed bills are presented duly certified by the commanding officer of such brigade or portion thereof, 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 sums so audited and paid are hereby appropriated out of

how charged.

moneys in the general fund not otherwise appropriated. The Money. Auditor General shall charge all of such moneys so drawn to the county or counties in which such service is rendered, to be collected and returned to the general fund in the same manner as any other county indebtedness to the State is required by law to be collected and returned to the general fund. There shall be paid to each enlisted man for attend- Drill duty, ance and performance of duty at regular drills, not to ex- payment for. ceed forty drills in any one year, said drills to be of not less than one and one-half hours duration, the following sums, viz.: To each enlisted man below the rank of petty officer, twenty-five cents; to each third class petty officer, thirty cents; to each second class and first class petty officer, thirty-five cents; to each chief petty officer, forty cents. Said amounts shall be due and payable semi-annually on Amounts April thirtieth and October thirty-first of each year, and shall when payable. be allowed and paid out of the funds annually provided for the support of the naval brigade: Provided, That any en Proviso. listed man absenting himself, without a reasonable and satisfactory excuse, from any regular drill, special drill, inspection or parade, shall forfeit a sum equal to the amount to which he would have been entitled for attendance at a regular drill, and that the same shall be noted on the pay roll and deducted from his pay: Provided further, That any en- Further listed man dishonorably discharged shall forfeit all pay and proviso. allowances provided by this act: Provided further, That no sum shall be allowed, except for actual presence and duty proviso. performance at any of the aforesaid regular drills. No pay provided for in this act shall be paid to any enlisted man until after an inspection is had of all military property for which he is responsible, and the cost value of any injured, damaged or unnecessarily injured property may be deducted from the amount due him before the sum is paid. SEC. 19. Executive officers, navigating and ordnance of Certain ficers, engineer officers, signal officers and aides-de-camp shall officers to be not be deemed staff officers, but shall be line officers, and as such entitled to assume command. Executive officers shall have rank and precedence without regard to the date of commission, over all officers of the same grade, except the officer of the brigade or battalion of which such officer is the executive officer. Navigating and ordnance officers shall have rank and precedence without regard to date of commission, over all officers of the same grade, except executive officers. Acting executive, navigating and ordnance officers shall be entitled to the same rank and precedence while acting as officers regularly appointed as such.

Further

of the line.

appointed.

SEC. 20. The executive officer, navigating and ordnance certain officer, signal officer, chief engineer, aides-de-camp of the officers to be brigade officers and officers of the brigade staff shall be appointed and commissioned by the commander in chief upon the recommendation of the officer commanding the brigade,

Commander in chief, appointive power of.

Brigade captain, when appointed, term.

State naval militia fund, how levied.

Provisions governing.

for the term of three years. The executive officer, navigating and ordnance officer, chief engineer and signal officer of each battalion and officers of the battalion staff shall be appointed and commissioned by the commander in chief, upon the recommendation of the officer commanding the battalion, for a term of three years; but the commander in chief, if he shall disapprove of any person so recommended for appointment, may decline to so appoint and commission him, and in case of such disapproval or in case such person shall fail to pass the required examination, or in case the brigade or battalion commander shall fail to recommend any person for appointment to any such place, within two weeks after a vacancy shall occur therein, the commander in chief may of his own motion appoint and commission such person to any such place as he may deem proper.

SEC. 22. The captain commanding the brigade shall be appointed and commissioned, as soon as authorized by law, by the commander in chief for a term of three years, and shall hold such office until his successor is appointed and commissioned.

as

SEC. 36. For the purpose of providing the funds necessary for organizing, maintaining and equipping the forces of the State naval brigade, by law authorized and established, 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, equalized by the State Board of Equalization, a sum equal to one cent for each person, who 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 with other State taxes and shall constitute and be designated as a State naval militia fund. All provisions of law relative to the collection and disbursement of the State military fund, as by law established and created, shall apply to and govern the collection and disbursement of the said State naval militia fund. From said State naval militia fund it shall be and may be lawful for the State Military Board, with the approval of the commander in chief, to pay and refund all sums paid and disbursed by any division or divisions of the naval militia for expenses of the Adjutant General's office or for freight or transportation of arms or other articles of equipment loaned or furnished by the United States government. No moneys, except those expressly apportioned by law for use, support and maintenance of the naval forces of the State troops, shall be employed for any such purpose, and all moneys raised and appropriated for military purposes shall, unless otherwise expressly provided by law, be deemed to be raised and appropriated for the sole and exclusive use, support and maintenance of the land forces of the State militia.