The Miller press. [volume] (Miller, S.D.) 190?-current, 1910-10-27
In addition to such drills and pa

Each troop, battery or company not
especially excused by the governor,
least FIVE consecutive days annually
in practice marches or camps OF in
struction under such regulations as
the governor may prescribe, and under
such instructors as he may appoint.
40. Conduct of Commanding ON
GERS In Aid OF Civil Authorities.l In
multi, riot or resistance to the process
of this state, or imminent danger
thereof, a justice of the supreme court
or the circuit or county court, or NUM-
cipal Judge Of a city, or sheriff of a
county, or mayor of a city, may call
for aid upon the commanding officer
of the organization of the National
Guard stationed therein or adjacent
thereto; provided, that such call must
be in writing and subject TO the ap-
proval Of the governor; The com;
IS made shall order out in aid Of the
civil authorities the military force or
any part thereof under his command,
and shall Immediately report what he
has done and all circumstances of the
case to the governor, and If it appear
TO him that the power of the county
be not sufficient to enable the sheriff
TO preserve the peace and protect the
lives and property of the peaceful res
dents of his county or to overcome
the resistance to the process Of this
ton of the sheriff. order out such mil
itary force from any other counties or
county as is necessary
When an armed force is called out
for the purpose OF suppressing an un-
awful or riotous assembly it must
follow the orders in relation thereto
render the required aid; but such or
dcrS Of the civil officer shal extent
only 20 a direction of a general or
specific object to be accomplished and
the duration of service for such troops,
but the tactical direction of the
troops, the kind and extent OF force
TO be used, and the particular means
TO be employed to accomplish the OBJ
iect specified by the civil officer shall
he lett solely to the officer N COM
mand.
{ "a. In Case of Insurrection or In
v%asion. In case of insurrection or
invasion or imminent danger thereof
within the limits OF any command, the
senior nd f~om W3tb ing a GfiSer Of Of such lGa
governor, shall OF der out for the de-
Tense of the state the forces under
his command, VT any part thereof, and
Immediately report his action and the
circumstances of the case to the gov
err or and his immediate commanding
off
for duty may be oral or written. Off
GERS and enlisted men may be warned
for duty us follows:
Either by stating the substance Of
the order or reading the order TO the
person warned, or by delivering a copy
Of such order to such person or Dy
lea wing a copy of such order at the
last known place of abode or business
OF such person with someone OF suita-
BILE age and discretion, or by sending
a copy Of such order, or notice con
tanning the substance thereof, to such
person by mail, directed to him at his
last known place of abode or business,
or to the pOstoihce nearest thereto.
Such warning may be given by any
of Ger or Northumberland officer. The
OF Ger or nOnCOmmiSSioned officer Civ
in" such warning shall make a return
thereof containing the names or the
person warned, and the time. place,
and the manner of warning. such re-
turns of warning shall be verified by
his oath, which may be administered
fed return shall be as good evidence
on the trial of any person returned as
a delinquent Of the facts stated there
I'm as IL such officer or nOnCOmmisSion-
ed officer had testified TO the same be-
fore the delinquency court on such
trial. Every commanding officer shall
with like effect Of every delinquency
and neglect % duty OF mis- officer and
nOncommissiOned officer, and also to
every enlisted man who shall refuse
duty as may be required.
IS. Excuse from Duty.l The of
fcer ordering any military duty hal
have the power TO excuse any officer
or enlisted man for absence therefrom
upon good and sufficient grounds.
~. Discipline and Exercised The
system OF discipline and exercise of the
National Guard OF this state shall con-
form generally to that of the army Of
the United states as IL is now or may
hereafter be prescribed by the presi-
dent, and to the provisions OF the laws
Of the United States, except as other
wise provided in this act.
IS. Military, .Courts.l The mill
tary courts of this state shall be:
/. General courtsmartial.
2. Garrison courtsmartial.
3. The summary court.
4. Courts of inquiry.
s. Delinquent courts, which are OF
two kinds: (l) For officers, CD for en-
listed men.
h constitution and jurisdiction of
in which the proceedings of military
courts shall he conducted and record
ed, and the forms Of oaths and afiir-
nations taken in the administration
OF military law by such courts, the
limits and punishments and the pro-
ceedings in revision shall be govern
ed by the articles Of war and the laws
and procedure of the courtsmartial OF
the United states.
40. Indemnity for Action of Mill
tary Court No action or proceeding
shall be prosecuted or maintained
against a member OF a military court
or officer or person acting under his
authority or reviewing it's proceedings
on account of the approval or imposi-
tion or execution of any sentence. or
the imposition or collection of a fine
or penalty or the execution of any
WARRANTS, WIFI, EXECUTION. pTOCtSS oE
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
GUST such court or board of jurisdic-
tion in any action or proceedings.
81. Organization All organtza-
tions OF the National Guard shall be
provided by the state with such arms,
equipments, colors, camp and garrison
equippage, books OF Instruction and
of record. and other supplies as may
be necessary for the proper perform
ance of the duty required OF them by
this act; and each organization shall
keep UGH property in proper repair
and in good condition.
SO. Commissioned Officers Uni
form.1 Every commissioned officer
shall provide himself with arms, uni
forms. and equipments prescribed and
approved by the governor.
SO. Enlisted Men. Uniformsl !.
Every enlisted man who enters the
service of the state for three years
shall be furnished by the state with a
uniform corresponding In make and
general appearance to the uniform of
the United States army.
81. Dress Uniforms.1 Regiments.
regiments may. with the consent of
the governor. adopt a dress uniform
of their own and at their own sx-
pense,
SIS. Responsibility for Public
PROPERTY Every officer and enlisted
man to whom public property OF the
state has been issued shall be person