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CHAP. 174

violating any provision of this section shall be deemed guilty 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 imprisonment.

Sec. 79. Right of way. The commander of any portion of the national. guard parading or performing any military duty in any street or highway, may require any or all persons in such street or highway, to yield the 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 ambulances, fire engines and fire departments, and apparatus of the insurance patrol shall not be interfered with thereby. All others who shall hinder, delay or obstruct 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, and upon conviction 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.

Sec. 80. Bounds and limits of camps. Every commanding officer, when on duty as such, may fix necessary bounds 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, after being forbidden, or resists a sentinel who attempts to put him or keep him out of such limits, or in any manner interrupts 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 exceeding twentyfour hours. Such authority of an officer commanding a camp may be extended by order of the commander-in-chief to a distance not exceeding one-half mile around such camp; provided, that the owner or owners of the external space within such distance of the camp, and their agents or servants, shall not be hindered or prevented from entering upon such space for the purpose of 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 shall prohibit the introduction or sale of, or dealing in, beer, wine or any intoxicating liquor, within the limits or extended limits of the camp or within the armory, and he may abate as common nuisances all such sales and introductions.

Sec. 81. Depriving members of employment. Any person who either by himself or with another, wilfully deprives a member of the national guard or naval militia of his employment, or prevents his being employed

CHAP. 174

by himself or another, or obstructs or annoys said member of said national guard or naval militia or his employer in respect to 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 militia by threat of injury to him in case he shall so enlist, in respect to his employment, trade or business, shall be deemed guilty of a misdemeanor and upon conviction 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.

Sec. 82. Discrimination against members. No association or corporation, constituted or organized for the purpose of promoting the success of the trade, employment or business of the members thereof, shall by any constitution, rule, by-law, resolution, vote or regulation, discriminate against any member of the national guard or naval militia because of such membership, in respect to the eligibility of such member of the national guard or naval militia to membership in such association or corporation, or in respect to his rights to retain said last mentioned membership; and any person who aids in enforcing any such provisions against a member of the said national guard or naval militia with intent to discriminate against him because of such membership, shall be guilty of a misdemeanor and upon conviction 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.

Sec. 83. Molestation of members. Whoever shall unlawfully molest, insult or abuse any member of the national guard or naval militia while in the performance of his duty shall be deemed guilty of misdemeanor, and on conviction thereof shall be punished by a fine not to exceed five hundred dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.

Sec. 84. Prosecution of offenses before civil courts. Offenses against the provisions of this chapter, except when they are purely military and committed by a person subject to military jurisdiction, may, unless a different remedy is specially provided, be prosecuted by complaint or indictment before a court of competent criminal jurisdiction; and all fines and forfeitures collected under the provisions of this chapter, the disposition whereof is not otherwise specially provided for, shall be paid into the state treasury and credited to the military fund.

Sec. 85. Neglect of civil officers to perform duties imposed on them. Civil officers named in this chapter, neglecting or refusing to obey its provisions, shall be guilty of a misdemeanor, and upon conviction therefor

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shall be punished by a fine not to exceed five hundred dollars or by imprisonment not to exceed six months or by both such fine and imprisonment.

Sec. 86. Company by-laws. Companies of the national guard may make by-laws, subject to the written approval of the adjutant general, not repugnant to law, orders or regulations, and fix a sum to be paid by any member of such company for non-compliance therewith not exceeding five dollars. Any member who fails to pay such sums so fixed, within thirty days after notification that the same is due, shall be deemed guilty of conduct to the prejudice of good order and military discipline, and punished by a court-martial accordingly.

The commissioned officers of

Sec. 87. National Guard Association. the national guard may organize themselves into an association the name. of which shall be The National Guard Association of the State of Maine. Such association may adopt a constitution and by-laws not repugnant to law, orders, or regulations, and alter and amend the same, and may take and hold such real and personal property as may be necessary for the purposes of the association.

Sec. 88. Regulations. The governor is hereby authorized to make such rules and regulations as he may deem expedient, but such rules and regulations shall conform to this chapter, and regulations published 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 governing the United States army and navy, and when promulgated, shall have the same force and effect as the provisions of this chapter. The rules and regulations in force at the time of the passage of this chapter, and not inconsistent herewith, shall remain in force until new rules and regulations are approved and promulgated.

Sec. 89. Rules governing militia not in federal service when called out by governor. Whenever any portion of the militia not being in the service of the United States shall be on duty or ordered to assemble for duty by the governor in time of actual war, insurrection, invasion or rebellion, the articles of war governing the army of the United States, the articles for the government 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, invasion, or rebellion; but no punishment under such rules and articles which shall extend to the taking of life, shall in any case be inflicted until the approval by the governor of the sentence inflicting such punishment.

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Sec. 90. Articles of war and courts-martial. Except as provided in the preceding sections the national guard of Maine, and the unorganized militia whenever called into service, shall at all times and in all places, be governed by the articles of war and the manual of courts-martial, as now or hereafter modified and adapted to the use of the national guard by the war department, militia bureau, in the national guard regulations. Sec. 91. P. L., 1917, c. 259 and amendments, repealed. Chapter two hundred and fifty-nine of the public laws of nineteen hundred and seventeen, and all amendments thereto, are hereby repealed.

Approved April 4, 1923.

Chapter 175.

An Act to Amend Section Four of Chapter One Hundred and Seventy-three of the Public Laws of Nineteen Hundred and Twenty-one, Relating to the State School Fund.

Be it enacted by the People of the State of Maine, as follows:

P. L., 1921, c. 173, sec. 4; relating to deductions from state school fund, amended. Section four of chapter one hundred and seventy-three of the public laws of nineteen hundred and twenty-one is hereby amended by inserting after the word "act" in the ninth line the following words: 'such amount as may be required for physical education as provided in chapter seventy-three of the public laws of nineteen hundred and nineteen; such amounts as may be required to cover the obligation of the state for industrial education under sections one hundred and thirty-three, one hundred and thirty-four, one hundred and thirty-five, one hundred and thirty-six, one hundred and thirty-seven and one hundred and thirty-eight of chapter sixteen of the revised statutes,' so that the section amended, shall read as follows:

'Sec. 4. Amounts required for physical education and industrial education to be deducted from state school fund. In addition to the other funds and appropriations provided for by law to be deducted from the state school fund, there shall annually be deducted the sum of one hundred thousand dollars, the same to be denominated the school equalization fund and to be apportioned and distributed in the manner and for the purposes provided for by section nine of this act. From the state school fund there shall also be apportioned such sums as may be required for payment to towns for reimbursement of tuition in secondary schools as provided for by section five of this act, such amount as may be required for physical education as provided in chapter seventy-three, of the public laws of nineteen hundred and nineteen; such amounts as may be required to cover the obligation of the state for industrial education under sections one hun

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dred and thirty-three, one hundred and thirty-four, one hundred and thirty-five, one hundred and thirty-six, one hundred and thirty-seven and one hundred and thirty-eight of chapter sixteen, of the revised statutes, and such sums as may be required for payment to towns on account of teaching positions maintained as provided for by section six of this act, and such sums as may be required for apportionment to towns on the basis of school census as provided for by section seven of this act, and the balance of said state school fund shall be apportioned and distributed to towns on the basis of aggregate attendance as provided for by section eight of this act.'

Approved April 3, 1923.

Chapter 176.

An Act to Amend Section Fifty-six of Chapter Sixteen of the Revised Statutes as Amended by Chapter One Hundred and Eighty-eight of the Public Laws of Nineteen Hundred and Seventeen and by Chapter Twenty-six of the Public Laws of Nineteen Hundred and Twenty-one, Relating to the Time of Electing Superintendents of Schools in Towns Comprising School Unions.

Be it enacted by the People of the State of Maine, as follows:

R. S., c. 16, sec. 56; P. L., 1917, c. 188; 1921, c. 26; relating to joint superintending school committees, organization of, election of superintendent, amended. Section fifty-six of chapter sixteen of the revised statutes, as amended by chapter one hundred eighty-eight of the public laws of nineteen hundred seventeen and by chapter twenty-six of the public laws of nineteen hundred and twenty-one is hereby amended by striking out in line ten the words "in June" and inserting therefor the words 'between April first and June thirtieth,' so that the section, as amended, shall read as follows:

'Sec. 56. Meetings for organization to be held between April 1, and June 30, annually. The superintending school committees of the towns composing a union shall form a joint committee, and for the purposes of this section and the four following sections, said joint committee shall be held to be the agents of each town composing the union, provided, however, that the superintending school committee of any town may authorize one of its members to act for the committee in the meetings of the joint committee, and in such case, the member so authorized, may cast the votes for the full membership of his committee. Said joint committee upon notification by the state superintendent of public schools shall meet before the first day of July, nineteen hundred eighteen, and between April first and June thirtieth annually thereafter, at a day and place agreed upon by the chairman of the committees of the several towns composing the union, and shall organize by the choice of a chairman and a secretary. Said joint

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