309. Militia may be transferred to the United States. The governor, with the advice and consent of the council, is authorized and empowered to transfer all of the Massachusetts volunteer militia to such United States volunteer militia or naval force, other than the Regular Army or Navy, as the Congress of the United States may at any time authorize. Commission or enlistment in such United States force shall entitle officers and men to an honorable discharge from the Massachusetts Volunteer Militia. But no organization shall be so transferred if a majority of the officers and enlisted men shall, by vote, reject such proposed transfer within thirty days after notice to the commanding officer by the governor of his proposal to transfer the organization. Any officer or enlisted man that has been transferred to the United States forces who does not elect to enter the forces shall be entitled to receive an honorable discharge from the militia when not in contravention of any law of the United States.

Massachusetts, Gen. Acts 1916, ch. 127, sec. 1.

310. Volunteer recruits for militia in case of war.- -In case of war, invasion, insurrection, riot, or any forcible obstruction to execution of the laws, or reasonable apprehension thereof, the governor, if he deems the organized Militia insufficient, may call for volunteer recruits to temporarily fill companies, troops, and batteries to the maximum strength.

Ohio, 2 Ann. Gen. Code 1910, sec. 5298.

311. Martial law. In case of imminent danger, when public safety requires it, the governor may place the Territory or any part thereof under martial law until communication can be had with the President and his decision thereon made known.

Hawaii, Rev. Laws 1915, Organic Act, sec. 67.

Similar provision: South Carolina, Civil Code 1912, sec. 496.

312. Officers relieved from duty to attend military schools.-Upon the application of any officer of the National Guard of Florida, the commander in chief may recommend that such officer be authorized to attend any college or military school of the United States, and may relieve him from duty with the militia for such time as may be necessary for him to pursue the regular course of study at such college or school. While so engaged the officer will be entitled to such pay and allowances as may be provided for by Federal law.

Florida, 1 Comp. Laws 1914, sec. 689.

313. Delegates to National Guard Convention. The governor may appoint delegates to represent the militia at the annual convention of the National Guard Association of the United States, and their necessary expenses shall be paid out of the appropriation for military

accounts.

Massachusetts, Acts & Res. 1910, ch. 513

314. Staff of governor.-Provision is made for a military staff for the governor, the number of members, their rank, uniform, and insignia.

Porto Rico, Rev. Stat. 1913, secs. 2719-22.

315. State may require service. The State may require services of persons, with or without compensation, in the military duty. California, Pol. Code 1915, sec. 37. 316. Conscientious objectors.-Persons having conscientious scruples against bearing arms are exempt from militia duty.

Arkansas, Const. art. 11.

Similar provisions, in some instances requiring an equivalent for personal service to be paid, in others extending time of exemption only during time of peace: Colorado, Const. art. 17, sec. 5; Idaho, Const. art. 14, secs. 1-3; Illinois, Const. art. 12, sec. 6; Indiana, Const. art. 12, secs. 214-219; Iowa, Const. art. 6; Kansas, Const. art. 8; Kentucky, Const. sec. 223; Louisiana, Const. 1898, art. 300; Maine, Const. art. 7; Massachusetts, Rev. Laws 1908, p. 301, not enrolled; Michigan, Const. 1908, art. 5, secs. 1-2; Minnesota, Gen. Stat. Supp. 1917, secs. 2452-53; Missouri, Const. art. 13, sec. 1; New Hampshire, Const. Bill of Rights, art. 13; New York, Civil Rights Laws, sec. 6; North Carolina, Const. art. 12, secs. 1-4; North Dakota, Const. art. 13, secs. 188-193; Oklahoma, 1 Rev. Laws 1910, secs. 3898-3936; Oregon, Const. art. 10; Pennsylvania, Const. art. 11; Rhode Island, Const. art. 7, sec. 3; South Carolina, Const. art. 13; South Dakota, Const. art. 15; Tennessee, Const. art. 8; Texas, Const. art. 16, sec. 47; Vermont, Const. ch. 1, art. 9; Wyoming, Const. art. 17.

317. Conscientious objectors. No person exempt from militia service under claim of conscientious scruples shall be exempt from service declared by the President of the United States to be noncombatant.

Minnesota, Gen. Stat. Supp. 1917, sec. 2453. 318. Teachers exempt from military duty. No teacher while actually engaged in his profession shall be liable to military duty. Florida, 1 Comp. Laws 1914, sec. 380.

319. Towns exempted from military duty. The towns of New Shoreham and Jamestown shall continue to enjoy the exemptions from military duty which they now enjoy, until otherwise prescribed by law.

Rhode Island, Const. art. 14, sec. 4.

320. Moneys for exemption from military duty.-All money which shall be paid by persons as an equivalent for exemption from military duty shall be exclusively applied in the county in which paid to the support of common schools.

Kansas, Const. art. 6, sec. 6.

Similar provisions: Iowa, 1 Code 1897, sec. 2839; Oregon, Const. art. 8, sec. 2. 321. Citizens may pay an equivalent for service. No citizen of this State shall be compelled to bear arms, provided he will pay an equivalent to be ascertained by law.

Tennessee, Const. art. 1, sec. 28.

322. Militia from other States not to enter without permission.No armed militia force from another State, Territory, or district shall be permitted to enter the State for the purpose of doing military duty therein, without the consent of the governor, unless such force is part of the United States Army or is acting under the authority of the United States.

Arkansas, Kirby's Dig. Stat. 1911 Supp., sec. 5301kl. Similar provisions: Georgia, 6 Park's Ann. Code 1914, sec. 1418; Louisiana, 2 Marr's Ann. Stat. 1915, sec. 4603; Maine, Rev. Stat. 1916, ch. 15, sec. 112, p. 331; New Mexico, Stat. 1915, sec. 3827.

323. Organization not to leave State without permission. No part of the organized militia of the State shall leave the State as an organization, with or without arms, without the consent of the governor; and any organization so offending shall be disbanded.

Georgia, 6 Park's Ann. Code 1914, sec. 1417. Similar provisions: Maine, Rev. Stat. 1916, ch. 15, sec. 112, p. 331; Montana, 3 Rev. Codes 1915 Supp., sec. 1109g; New Hampshire, Laws 1895, ch. 59, sec. 132.

324. Recruiting for military service without the State.-A person who without authority from this State, or the United States, enlists, recruits, or employs, or attempts to enlist, recruit, or employ a person in this State for military service without the State shall be imprisoned or fined or both.

Vermont, Gen. Laws 1917, sec. 7110.

325. Military subordinate to civil power. The military shall in all cases and at all times be in strict subordination to the civil power. Alabama, Const. 1901, art. 1, sec. 27.

Similar provisions: Arkansas, Const. art. 2, sec. 27; Arizona, Const. art. 2, sec. 20; California, Const. art. 1, sec. 12; Colorado, Const. art. 2, sec. 22; Connecticut, Const. art. 1; sec. 18; Laws 1907, p. 789, ch. 214; Delaware, Const. art. 1, sec. 17; Florida, Const. Decl. of Rights, art. 1, sec. 21; Georgia, Const. art. 1, sec. 1, par. 19; 5 Park's Ann. Code 1914, sec. 6375; Idaho, Const. art. 1, sec. 12; Illinois, Const. art. 2, sec. 15; Indiana, Const. art 1, sec. 33; Iowa, Const. art. 1, sec. 14; Kansas, Const. Bill of Rights, sec. 4; Kentucky, Const. Bill of Rights, sec. 22; 1 Stat. 1915, sec. 2662; Louisiana, Const. 1898, arts. 14, 168, 173; Maine, Const. art. 1, sec. 17; Maryland, Const. Decl. of Rights, act. 1, sec. 30; Massachusetts, Const. pt. 1, art. 17; Michigan, Const. 1908, art. 2, sec.6; Minnesota, Const. art. 1, sec. 14; Mississippi, Const. art. 3, sec. 9; Missouri, Const. art. 2, sec. 27; Montana, Const. art. 3, sec. 22; Nebraska, Const. art. 1, sec. 17; Nevada, Const. art. 1, sec. 11; New Hampshire, Const. Bill of Rights, art. 26; New Jersey, Const. art. 1, sec. 12; New Mexico, Const. art. 2, sec. 9; North Carolina, Const. art. 1, sec. 24; North Dakota, Const. art. 1, sec. 12; Ohio, Const. art. 1 sec. 4; Oklahoma, Const. art. 2, sec. 14; Oregon, Const. art 1, sec. 27; Pennsylvania, Const. art. 1, sec. 22; Rhode Island, Const. art. 1, sec. 18; South Carolina, Const. art. 1, sec. 26; South Dakota, Const. art. 6, sec. 16; Tennessee, Const. art. 1, sec. 24; Texas, Const. art. 1, sec. 24; Utah, Const. art. 1, sec. 20; Vermont, Const. ch. 1, art 16; Virginia, Const. art. 1, sec. 13; Washington, Const. art. 1, sec. 18; West Virginia, Const. art. 3, sec. 12; Wisconsin, Const. art. 1, sec. 20; Wyoming, Const. art. 1, sec. 25.

326. Penal code does not affect military power. This code does not affect any power conferred by law upon any court-martial or other military power or officer to impose or inflict punishment upon offenders.

Arizona, Penal Code, sec. 11.

Similar provisions: California, Penal Code 1915, sec. 11; Porto Rico, Rev. Stat. 1913, sec. 5413.

327. Imprisonment for a military fine.-No person shall be imprisoned for a military fine in time of peace.

Iowa, Const. art. 1, sec. 19. Similar provisions: Michigan, Const. art. 2, sec. 20; Nevada, Const. art. 1, sec. 14; New Jersey, Const. art. 1, sec. 17.

328. Criminal proceedings.-No person shall be proceeded against criminally for an indictable offense by information, except in cases arising in the militia and volunteer forces when in actual service or when assembled under arms as a military organization.

Alabama, Const. art. 1, sec. 8.

Similar provisions: Arizona, Penal Code, sec. 899; Const. art. 2, sec. 24; Arkansas, Const. art. 2, sec. 8; Kirby's Dig. Stat. 1904, sec. 2080; California, Penal Code 1915, sec. 682; Colorado, Const. art. 2, sec. 8; Connecticut, Const. art. 1, sec. 9; Delaware, Const. art. 1, sec. 8; Florida, Const. art. 1, sec. 10; Georgia, Const. art. 1, secs. 5, 6; Idaho, Const. art. 1, sec. 8; Illinois, Const. art 2, sec. 8; Iowa, Const. art. 1, sec. 11; Kentucky, Const. Bill of Rights, secs. 9-13; Maine, Const. art. 1, sec. 7; Massachusetts, Const. pt. 1, art 12; Mississippi, Const. art. 3, sec. 27; Missouri, Const. art. 2, sec. 12; Nebraska, Const. art. 1, sec. 10; Nevada, Const. art. 1, sec. 8; New Hampshire, Const. Bill of Rights, art. 16; New Jersey, Const. art. 1, sec. 9; New Mexico, Const. art. 2, sec. 14; New York, Const. art. 1, sec. 6; North Dakota, Const. art. 1, sec. 8; Ohio, Const. art. 1, sec. 10; Pennsylvania, Const. art. 1, sec. 10; Rhode Island, Const. art 1, sec. 7; South Carolina, Const. art. 1, sec. 17; South Dakota, Const. art. 6, sec. 10; Texas, Const. art. 1, sec. 10; Wyoming, Const. art. 1,

ec. 13.

113472-19 -7

MINORS.

Enlistment...

Exemption of pay and payment of fees..

Section. 329, 330

331, 332

329. Enlistment in Army.-Whoever in Maine enlists or causes to be enlisted into the Army of the United States a minor, knowing him to be such without the written consent of his parents, master, or guardian, and he is removed out of the State within six months after his enlistment; or persuades him to leave the State with intent thus to enlist him, shall be punished by imprisonment for less than one year, or by fine not exceeding $500.

p. 1458.

Maine, Rev. Stat. 1916, ch. 120, sec. 20, 330. Entitled to writ of habeas corpus.-A minor enlisted within this State into the Army or Navy of the United States, without the written consent of his parent or guardian, shall have all the benefits of habeas corpus on the application of himself, parent, or guardian. Maine, Rev. Stat. 1916, ch. 104, sec. 2.

331. Exempt from payment of fee. On the appointment of a guardian, if it appears that the application is made for the purpose of enabling the minor to receive bounty, arrears of pay, or prize money, or pension dues, or other dues of gratuity from the Federal or State Government for the service of the parent or brother of such minor in the military or naval service of the United States, no fee shall be charged or received by the clerk of the surrogate's court.

New York, Laws 1914, ch. 443, sec. 2499(7).

332. Pay exempt from legal process. The bounty and pay of a minor who is enlisted in the military or naval service of the United States shall not be subject to legal process on account of debts due from his parent. The transfer of such bounty or pay by the parent to the minor shall not be deemed fraudulent as to creditors.

98

Massachusetts, Rev. Laws 1902, ch. 79, sec. 24.