The herald-advance. (Milbank, S.D.) 1890-1922, 1910-10-14

T. General staffl. The stan Of
the governor snail consist Of one ad-
| officers as shall be necessary and ap-
pointed in the various departments
under the adiutant. general: The ad-
| jutant general shall have the rank of
| brigadier general. The adjutant gen.
erals department shall include the de-
partinents heretofore known and des-
| ignatei as quartermaster generals,
| inspector generals, ordnance, and
medical departments, and the adjutant
! general shall be chief and at the head
| of each of these departments The ad-
| jutant general shall be appointed by
National Guard above the rank of cap
tain, and shall serve for a period of
| two years or until his successor is APP
pointed and quaifed; provided. that
nothing in this act relative to the ap-
| pointment and term of office of the ad-
jutant general or any officer shall be
| construed to in any way conflict with
| the laws, rules and regulations of the
United States relative to the appor-
Visions " Of Section N' iss1. " Revised
statutes of the, the Unite United states, as as
! The various staff officers in the var
ious departments or such as are ne
cessary, shall be appointed by the
! governor and commissioned by him
upon the recommendation Of the adju-
tant general, and shall hold office dur
othce1s OF tne national spard snail be
issued by the governor ana counter-
gned odsrs by the Whose ad1dant dHt geneTa 1eoire
them TO account for any pro-
perty belonging to the state or the
| ficient bond for the faithful account
ing for the same in such sum shall
pc designated, by the governor, or ad-
| jutant general. such bond to be ap-
proved by the adjutant general.
s. Power of the Governor in
Case of INVASION, Etc.l, The governor
shall have, power in a case of insur-
| rectiOn, invasion, tumu1t. riot or
breach of the peace or imminent dan
ger thereof. to order into the active
Service Of the state any part of the
militia that lie may deem proper.
| When the militia Of this state or any
! Constitution and laws of the United
States, the governor shall order out
such part thereof as may be necessary.
and if the number available be INSULT
cient he shall order out such part Of
the reserve militia he may deem
necessary. During the absence of or
ganiHations of the National Guard in
the service of the United states their
to new organizations.
.. Drafts or Volunteers from
sary to call out any portion OF, the
serve militia for active duty the gov
ernor shah direct his order to the
mayor Of any city or the president of
amy town or township board, who, up
ON receipt of the same, shall forthwith
proceed to draft by lot as many Of
townships or accept as many volun-
teers, rs are required by the governor.
and shall forthwith forward 70 the
governor list of the persons so
drafted or accepted as volunteers.
TO- Punishment for Failure to Ap-
pearl Every member of the militia
ordered out, or who volunteers is
drafted under the provisions of this
act, and does not appear at the time
ing officer the mayor. president OF
the town or township board, within
twenty-four hours from such time, or
who does not produce sworn cert1fi-
cate of physical disability from ply
sician in good standing to so appear,
shall be taken to be q deserter, and
dealt with as prescribed in the articles
Of war Of the United states.
IL; orgaaniizations Of Meserve Mil
itia, When Ordered OutI The portion
of reserve militia ordered out or ac-
cepted into service, as Indicated in
Sections s, and 9 of this act, shall be
Immediately mustered into service of
the state for three years, or such less
period as the governor may direct.
ANA shah be organized into troops,
batteries or companies which may be
I@&ea into extra squaGfons, battal-
"Hs regiments, or assigned to or or
le.p rNis1tng. The governor is au-
thorized - appoint the oihcers neces-
sanizauon thus created. such new Or
ganizations shall be equipped, discip-
lined and governed aeeoirding to this
tions Of this s1ate.
l.. Proclamation of State Insur
lection WheneTer any portion OF OF
the civil authorities, the governor, II
in his Judgment the maintenance OF
law and order viii thereby be pro-
noted, may by proclamation declare
the county, town or city in which the
troops are serving. or any specified
portion thereof, to be in state of in
13 Occasions When the Articles
Of War Of the United states are to be
Enforced |. Whenever any portion of
the militia shall be on duty under or
pursuant to the orders Of the COVER
nor, o., shall be on duty or ordered to
. assemble for duty in time of war, in
surrection, invasion. public danger or
to aid the civil authorities on account
of any breach Of the peace, tumult.
or imminent danger thereof, or for
any other cause the articles OF war war
states, and the regulations prescribed
for the army Of the United states, as
far as such regulations are consistent
with this act and the regulations is,
sued hereunder, shah be enforced and
regarded u part of this act until
? said forces shall duly be relieved from
such duty.
AS to onenses committed when such
, articles Of war are SO in force, courts
martial shail possess, III addition to
the Jurisdiction ana power Of sentence
and punishment herein vested in them
az an addl ll1ohai J4FIsaieilon and power
, OF sentence ana pun.s n.sainent eXercis-
able by like courts under such articles
; OF war o. the regulations on laws gov
, erning the United States army or the
customs and usages thereof, but no
; punishment under such rules and ar
, -ticlcs which shall extend to the taking
OF life shall, in any case, be inflicted
. except in time of actual war, invasion
) or insuffectlon, declared by proclama-
i ton of the governor to exist, and then
only after approval by the governor
, of the sentence inilicting such punish
, ment lmpriSonments other than in
: guardhouse shall be executed in jails
or prisons designated by the governor
for such purpose.
5 IA. Relief from Civil or Criminal
, LiabilityI Members of the militia or
dered into the active service of the
state by any proper authority shall
= not be liable, civilly or criminally, fol
5 any act or acts done by them while on
: duty and in the proper discharge Of
5 their duty, except as otherwise pro.
r vided in this act. and no person be-
g longing to the militia in active service
r of the state shall be arrested on any
civil process while going to. remain.
a.laf ~ f,.6Aaaa L., nI