Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-03-19
MINNESOTA MILITIA.
40


of Minnesota: .3a
Section 1. The uniformed militia of this
State and such volunteers as shall hereafter
enlist therein shall constitute the national
guard of the State of Minnesota. The aggre-
gate force of the same, in time of peace, fully
uniformed, armed and equipped, shall not ex-
coed ten companies of infantry, two troops of
cavalry and two sections OF light artillery;
but the commander in chief shall have power,
in case of war, fnsurrection or invasion, Or
imminent danger thereof, to increase aid
force beyond the limit aforesaid, and to organ
izc the same as the exigencles OF the service
may require. ~, ',.est.s fesf sgib0 ssss
The adjutant general shall cause to be pre-
pareda proper muster roll, which shall be
signed by every member of each company,
troop or section, now or hereafter to be organ
lied; and said rolls when SO signed shall be re-
turned to his office. III a.
Sec. Q. In case the commander in chief
shall deem regimental or battalion organiza-
tions of said national guard advisable, be
shall designate what companies shall compose
the same respectively, and shall order an cleo
ton of the field and staff officers thereof.
All elections of general and field officers,
when necessary, shall be ordered by the COM
mander in chief. All elections of line officers
of q regiment or battalion, after the same is
organized, shall be ordered by the commandant
thereof; and all elections in unattached COM
panies shall be ordered by the commandants of
the same respectively.
Field officers of the regiments, battalions,
brigade or division, if any such be created,
shall be entitled to vote at the election of gen.
eral officers; the field officers of regiment or
battalion and the lire officers of the compan-
les composing such regiment or battalion
shall be entitled to vote at the election of the
field officers thereof, and all officers, non-com-
missioned officers. musicians and privates G.
choIl no Qr,flf 1Q6
to vote at the election of the commissioned
officers of the company, troop or section of
which they are members. All elections shall
be by written or printed ballot, and every
person entitled to vote at any election shall be
previously duly notified OF the time and place
at which the same is to be held.
All officers elected as aforesaid shall be COM
missioned by the commander in chief, unless
they are incompetent or otherwise unaccept-
able to him; in which case new election shall
be ordered as aforesaid.
All non-commissioned officers of regiments
or battahons shall he appointed by the war
rant of the commandant of the same, coun-
tersigned by the adjutant of said regiment or
battalion, and all non-commissioned officers
of companies shall be appointed by the COM
mandants of their respective companies.
Sec. 3. A company of infantry or troop
of cavalry shall consist of a captain, first
lieutenant, q second lieutenant, five sergeants,
six corporals, two musicians, and not less
than thirty (30) nor more than sixty (60)! pri-
Yates. A section of artillery shall consist of
such officers and men as the commander in
chief may order.
Sec 4. Every uniformed company may
make a constitution and bylaws for its gov
eminent which shall be binding upon its mem
bers, provided that the same shall not conflict
with the militia laws of this State, or with the
rules and regulations governing the militia
thereof.
Acopy of such constitution and bylaws,
properly attested by the captain or president
ard the secretary of such company, shall be
competent evidence of the provisions thereof,
in any action or proceeding in any court OF
this State.
Sec. S. Such company shall have full power
and authority to prescribe in said constitution
and bylaws dues to be paid by its members,
and fines and penalties to be imposed upon
them for failure OF neglect to perform their
duties as such members, and for dsobedience
OF orders or acts of characterization, or acts
prejudcial to military discipline.
Such company shall have and is hereby
granted full power and authority to sue for
and recover in its company name, in any court
of competent jurisdiction in this State, any and
all dues which may be owing it under its said
constitution and bylaws from any member
thereof And said court shall proceed and
shall issue its processes for the collection OF
said dues rs in other civil actions. ft
The certificate of the adjutant general that
said company is q duly organized company
of the national guard OF the State OF Min
nesota shall be competent and conclusive evil
,lence, in any court Of this State, of the organ
ization Of said company and OF its authority
to sue hereunder. . es.s+..,. 7i $50
In case any member of such company
shall have incurred any Of the fines and pen
aities prescribed in said constitution and by
laws by reason Of his failure or
neglect to perform his duty as a mem
Der OF said company, or by disobedi-
enee of ORDERS or by acts Of characterization, or
conduct'prejudicial to military discipline, such
failure or neg,ectis hereby declared to be
misdemeanor, and the commandment, or other
proper officer of such company, shall make
complaint against such member before any
justice of the peace, OF any court OF compe-
tent jurisdiction within the county in which
such member of such company may reside.
Said Justice, or court, shall thereupon proceed
to hear and determine said complaint and mat
ter in the same manner us in the trial and
hearing of cases Of misdemcanor under the
laws of this State Such member shall, upon
conviction of such misdemeanor, be punished
by q fine not exceeding ten dollars, together
with the costs OF such proceeding, and shall
be committed to the county Jail OF said county
until sail fine and costs are paid, for period
not to exceed ten days. s,C-
Said complaint shall be made and proceed
ings taken Hereunder in the name of the State
of Minnesota, but without cost to said State
and all fines paid Hereunder shall be paid into
the treasury of such company for the benefit
of its military fund. f5 .F
Sec 6. Every company Of the national guard
Of this State shall have at least two company
drills or parades in each month Of each year,
and the commander in chief may order any
company or companies into camp for period
not to exceed five days in each year, If deemed
advisable by him. lie may also provide such
rules and regulations for rifle practice by the
national guard of this State as he may deem
necessary and proper.
Sec. z. The uniforms, arms and equipments
OF any member of the uniformed militia of
this State shall not be liable to attachment or
sale on any final process of any court of this
State; and he shall not be arrested while going
to, remaining at, or returning from any place
at which be may be required to attend for the