orderlies when required, two dollars per day and forage; and for CHAP. 128 each draft horse employed in batteries of light artillery, not exceeding sixteen to each platoon, the sum of two dollars per day, which shall be in full for use.' amended. Section II. Section one hundred of said act is hereby Section 100, amended by striking out the word "thirty" in the fifth line, and inserting in place thereof the word 'fifty,' and in the fifth line. inserting after the word "care" the words 'and responsibility;' so that said section, as amended, shall read as follows: tion to command ing officers and clerks for caring 'Section 100. The commander-in-chief, under such regula- Compensations as he may prescribe, may authorize the payment to commanding officers and clerks of organizations of the national guard, such sum annually as he shall determine not exceeding fifty dollars to captains for care and responsibility of property, and twenty dollars to clerks for keeping records.' for property. amended. Section 12. Section one hundred and four of said act is Section 104, hereby amended by adding at the end thereof the following: 'but if, when ordered, the length of service should not be specified, it shall receive for the first ten days the pay and rations provided by other sections in this chapter for the state troops and after ten days shall receive the same pay and rations as the regular troops of the United States,' so that said section, as amended, shall read as follows: 'Section 104. The militia, when called into actual service for more than ten days, shall receive the same pay and rations as the regular troops of the United States; and the rations, when commuted, shall be valued at the rate fixed by the regulations of the United States in force at the time, but if, when ordered, the length of service should not be specified, it shall receive for the first ten days the pay and rations provided by other sections in this chapter for the state troops, and after ten days shall receive' the same pay and rations as the regular troops of the United States.' Pay and militia when rations of in service. amended. Section 13. Section one hundred and ten of said act is hereby Section 110, amended by inserting after the word "who" in the first line thereof, the following words: 'is guilty of any conduct to the prejudice of good order and military discipline or;' so that said section, as amended, shall read as follows: 'Section 110. Any officer or enlisted man who is guilty of any conduct to the prejudice of good order and military discipline or neglects or refuses to perform the duties of his office, or to obey the orders of his superiors, or is guilty of any breach of the laws or regulations governing the military forces of the state, or is guilty of conduct unbecoming an officer, soldier or gentle or man Any officer guilty of discipline, fuses duty, tried by breach of etc., or re may be court martial. CHAP. 128 man, may be put under arrest by his superior officer and tried by court martial.' Section 112, amended. Power of courts martial to punish officers. Section 114, amended. Section 14. Section one hundred and twelve of said act is hereby amended by inserting after the word "discharged" in the ninth line thereof, the following: 'discharged without honor, discharged;' by striking out the word "offenses" in the twelfth line, and inserting in the place thereof the word 'offense,' and by adding at the end of said section the following: 'And they may also in addition to the foregoing, or any other punishment fixed by law, sentence any enlisted man convicted by them to be dishonorably discharged, discharged without honor, or discharged, or may adjudge him disqualified for life or for any term of years according to the aggravation of the offense for re-enlistment or for holding any military office.' So that said section, as amended, shall read as follows: 'Section 112. Courts martial may, when no other punishment is fixed by law, sentence an officer or enlisted man convicted by them, to pay a fine of not exceeding two hundred dollars and costs of witnesses; and all fines and costs imposed by them may be recovered by the adjutant general in an action of debt in the name of the state. They may in addition to the foregoing or any other punishment fixed by law, sentence an officer convicted by them to be cashiered, dishonorably discharged, discharged without honor, discharged, or reprimanded in orders, and if sentenced to be cashiered or dishonorably discharged the court shall adjudge him disqualified for life or for any term of years, according to the aggravation of the offense, for holding any military office. And they may. also, in addition to the foregoing, or any other punishment fixed by law, sentence any enlisted man convicted by them to be dishonorably discharged, discharged without honor, or discharged, or may adjudge him disqualified for life, or for any term of years, according to the aggravation of the offense, for re-enlistment or for holding any military office.' Section 15. Section one hundred and fourteen of said act is hereby amended by striking out the words "not less than three nor more than five officers" in the second and third lines, and inserting in the place thereof 'one or more officers not exceeding five and a recording officer to reduce the proceedings and evidence in writing;' by striking out that part of the section beginning with the word "imputation" in the fourth line, to and including the word "general" in the seventh line, and inserting in the place thereof the following: 'into the qualification, efficiency and propriety of conduct of any officer or soldier;' by striking out in the eleventh and twelfth lines thereof the follow ing: "proceed as described in regulations and shall;" by insert- CHAP. 128 ing after the word "commander-in-chief" in the twelfth line, 'who may take such action by order or otherwise as he may deem advisable, but;' by striking out the word "such" in the thirteenth line and inserting in the place thereof the word 'any;' by inserting after the word "officer" in the thirteenth line thereof the words 'or soldier;' by striking out the words "the commission of such officer shall" in the fourteenth line, and the words "be vacated" in the fifteenth line, and inserting in the place thereof the following: 'he may, in his discretion, dishonorably discharge, discharge without honor or vacate the commission of such officer, or dishonorably discharge, discharge without honor or discharge such soldier, but the commander-in-chief shall have power to remit or reduce after conviction, all forfeitures and penalties and to grant reprieves, commutations and pardons, or order a rehearing or new trial in any case tried or heard under the provisions of this act.' So that said section, as amended, shall read as follows: Military boards of inquiry may be appointed. -duties and 'Section 114. The commander-in-chief may, from time to time, appoint military boards of inquiry to consist of one or more officers not exceeding five and a recording officer to reduce the proceedings and evidence in writing, whose duty it shall be to examine into any military transaction, or into the qualification, efficiency and propriety of conduct of any officer or soldier, who may be ordered before them for such examination; powers. or for the purpose of settling any military question, or for establishing good order and discipline; the members thereof and witnesses examined by them shall be sworn, the board shall report to the commander-in-chief, who may take such action, by order or otherwise, as he may deem advisable, but if the report is adverse to any officer or soldier, and is approved by the commander-in-chief, he may in his discretion, dishonorably discharge, discharge without honor, or vacate the commission of such officer, or dishonorably discharge, discharge without honor, or discharge such soldier, but the commander-in-chief shall have power to remit or reduce after conviction, all forfeitures and penalties and to grant reprieves, commutations and pardons, or order a rehearing or new trial in any case tried or heard under the provisions of this act.' amended. Section 16. Section one hundred and twenty-nine of said act Section 129, is hereby amended by striking out the words "discipline and" in the first line thereof; by inserting after the word "for" in the fourth line thereof, the words 'said army or' and by adding to said section the following: 'The methods of preparing charges and of procedure for courts martial, boards of inquiry, and System of field exercises to be observed. CHAP. 128 other courts or boards shall in general follow those established for the armies of the United States, except where it may be otherwise provided in this act, and in time of war, insurrection or invasion courts martial may in addition to the provisions of the laws of this state, sentence an officer or an enlisted man convicted by them, to penalties and punishments similar to those then provided for substantially like offenses, by the laws, regulations and articles of war then governing the armies of the United States, or to such penalties and punishments, not exceeding those then provided for substantially like offenses, by the laws, regulations and articles of war then governing the armies of the United States, as may be prescribed by the commanderin-chief,' so that said section, as amended, shall read as follows: 'Section 129. The system of field exercise ordered to be observed, in the different corps, by the army of the United States or such system as may hereafter be directed for said army or the militia by the laws of the United States, shall be observed by the national guard of the state of Maine. The methods of preparing charges and for procedure for courts martial, boards of inquiry, and other courts or boards shall in general follow those established for the armies of the United States, except where it may be otherwise provided in this act, and in time of war, insurrection or invasion courts martial may in addition to the provisions of the laws of this state, sentence an officer or an enlisted man convicted by them, to penalties and punishments similar to those then provided for substantially like offenses, by the laws, regulations and articles of war then governing the armies of the United States, or to such penalties and punishments, not exceeding those then provided for substantially like offenses, by the laws, regulations and articles of war then governing the armies of the United States, as may be prescribed by the commander-in-chief." -methods of procedure for courts martial. Approved March 17, 1899. Chapter 129. An Act to amend Section one of Chapter two hundred and ninety-eight of the Be it enacted by the Senate and House of Representatives in Section I. Section one of chapter two hundred and ninetyeight of the public laws of eighteen hundred and eighty-nine, as amended by the public laws of eighteen hundred and ninetynine, is hereby amended by inserting after the word "brooms" the words 'pianos, organs, wagons, sleighs,' so that said section, as amended, shall read as follows: Peddling cense, for without li bidden. excepted. 'Section I. No person shall go about from town to town, or from place to place in the same town exposing for sale or selling any goods or chattels other than fruit grown in the United States, fruit trees, provisions, live animals, brooms, pianos, articles organs, wagons, sleighs, agricultural implements, fuel, newspapers, agricultural products of the United States, the products of his own labor or the labor of his family, no patent of his own invention or in which he has become interested by being a member of any firm or stockholder in any corporation which has purchased the patent until he shall have procured a license so to do as hereinafter provided.' amended. Section 2. Section four of chapter two hundred and ninety- Section 4, eight of the public laws of eighteen hundred and eighty-nine is hereby amended by adding at the end of said section the following words, but any resident of a town having a place of business therein, owning and paying taxes to the amount of twentyfive dollars on his stock in trade can peddle said goods in his own town without paying to the secretary of state for the use of the state the license herein provided,' so that said section, as amended, shall read as follows: 'Section 4. Every person licensed under the two preceding sections shall pay to the treasurer of each city or town mentioned in his license the sums following; for every town containing not more than one thousand inhabitants, according to the United States census next preceding the date of his license, three dollars; and for towns containing more than one thousand, and less than two thousand inhabitants, six dollars; and for every thousand inhabitants in excess of two thousand, two dollars. Provided, that the sum so to be paid to any such treasurer shall in no case exceed twenty dollars, but any resident of a town having an established place of business therein owning and paying Fees paid and towns, to cities tax paying peddle with trader may out license. |