The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1910-10-20

sthmediste commsndinx otnesrs 70:
promgt and aahssssaslng ss.aisnee
safe or The un,ssa Stats. sr orxants
%zs,ton. in their possession,
} AZ. Drills and parades.1 Officers
aud enlisted men OF each troop, bat
terry n company. shalt assemble for
and undergo drili and instruction u,
the company. ha;taiian or regimental
practice. not less thar twsnts-fe.s
times during each. year preceding an
nual ALLOTMENT of fund. under Sec
the United States, As amended. Dur
ing the game period there shall be at
least. one inspection OF each troop. bat
National gduard or by an sfticer Of the
regular ARMY OF the United States, or
both. 1t, such time AS the governor
In addition TO such drills and pa
|orsanizatton may require the officers
meet for parade. drill or instruction
may appoint.
especially excused by the governor,
WIN be required TO. participate for at
least fiye consecutive days annually
'struction under such regulations as
the governor may prescribe. and under
sushsinstructors as he may appoint
rssi AZ. Conduct Of Commanding on
case of any breach Of the peace. tu-
multi riot or resistance to the process
Of athis STATE or imminsn. danger
or the circuit or county court, or muni-
cipal judge. of a city, or sheriff Of a
ssountyi or mayo OF a city, may call
Guard stationed therein or adjacent
thereto; provided. that. such call must
proaal OF The governor; The com
!mauding officer upon whom the call
is made shal order out in aid OF the
avn p authq }hereef 'h und mll' bis cd 1nrge or
and shall immediately report what he
has done and all circumstances of the
fsse to the g%oyernor, and if 1T appear
be not sufficient to nable the sheriff
to preserve the peace and protect the
lives and property of this peaceful res
the resistance to the process of this
state the governor aust. on applica-
ton of the sheriff. order out such mil
county as is necessary.
When an armed force is called out
for pt,e purpose OF suppressing an UNI
va u iiSkOho dSSCIlDlS IL lIluSl
follow the orders in relation thereto
OF the civil officers calling 1t out II
dsraeI the rean'red aid; but such or,
only to a direction of q general or
specific object to be accomplished and
the duration OF service for such troops,
to be used. and the particular means
to be employed to accomplish the obs
lect specified by the civil officer shall
be left SOLELY to the officer in com
$ "A. In Case of Insurrection or In
ih nyasion or In im sasf Ga i aansss tSsre OF
within the limits of any command, the
sen1or e%om w1;b 9f1cey Of such 9Sa
tense Of the state the forces under
his command, or any part thereof: and
Immediately report his action and the
ernor and his immediate commanding
officer.
IS. Warning for Dutyl: Orders
GERS and enlisted men may be warned
for duty as follows:
Either by stating the substance of
person warned, or by delivering a copy
of such order to such person, or by
leaving a copy of such order at the
of such person with someone Of suitn-
BILE age and discretion, or by sending
a copy Of such order. or notice con-
person by mail, directed to him at his
last known place of abode or business,
or to the .postofhce nearest thereto.
oficer or noncommissioned officer Civ.
ing such warning shall make a return,
person warned. and the time. place,
and the name of warming. Such re-
turns Of warning shall be verified by
by any Commanding officer; such vert-
fed return shall be as good evidence
on the trial of any person returned as
in as if such officer or noncommission-
ed officer had testified to the same he
fore the delinquency court on such
make tile like return. on honor, and
with like effect of every delinquency
and neglect OF duty of his officer and
every enlisted mar who shall REFUSE
or neglect to perform such military
duty as may be required;
thcer ordering any military duty shall
or enlisted man for absence therefrom
good and sufficient grounds.
system OF discipline and exercise of the
National Guard OF this state shall on
form generally to that OF the army of
hereafter be prescribed by the presi-
dent, and to the provisions of the laws
of he United States. except as other
wise provided in this act.
5 As. Military Courts.l The mill
courts of this state shall be:
Il. General courtsmartial.
z garrison .courtsmartial.
8. The summary court.
9q4. Courts of inquiry.
8. Delinquent courts, which are OF
two kinds: CD For officers, CD for en-
ssIhe constitution and Jurisdiction of
courtsmnrtial, the form and manner
courts hall be conducted and record
ed, and the forms of oaths and affir-
nations taken in the administration
Of military law by such courts, the
limits and punishments and the pro-
ed by the articles Of war and the laws
and procedure of the courtsmartial OF
the United States.
-. Indemnity for Action of Mill
tary. Court.l No action or proceeding
shall be prosecuted or maintained
authority or reviewing its proceedings
on account OF the approval or imposi-
tion or execution of any sentence,- or
tho imposition or collection Of a fine
or penalty or the execution of any
mandate of a military court.
so. Presumption of Jurisdiction.
The jurisdiction of the courts and
board established by this act shall
be presumed and the burden of proof
shall rest on any person seeking to
ton in any action or proceedings.
tons of the National Guard shall be
provided by the state with such arms,