Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1910-10-27

may appoint. M,
especially excused by the governor
will be required to participate Tor q,
least FIVE consecutive days annually
struction under such regulations as
the governor may prescribe. and under
such instructors as he may appoint;, T.,
40. Conduct OF Commanding ON.
GERS In Aid OF Civil Authorities In
case of any breach OF the peace, tn.
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 muni-
cipal Judge of a city, or sheriff or Q
county, or mayor of city, may cal
for aid upon the commanding, orhceI
of the organization of the Nationa!
Guard stationed therein or adjacent
thereto; provided, that such call must
be in writing and subject to the APP
handing officer upon whom the call
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 ne
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
idents OF his county or to overcome
the resistance to the process of this
state, the governor must. on applica-
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 :
lawful or riotous assembly 1t must
follow the orders in relation thereto
OF the civil officers calling II out and
render the required aid; but ai such te or
only 20 direction of general or
specific object to be accomplished and
the duration of service for such troops,
troops, the kind and extent OF force
to be used, and the particular means
TO be employed to accomplish the OBJ
ject specified by the civil officer shall
be LETT solely to the officer N com
s a. In Case of Instruction or In
vasion.l In case of insurrection or
invasion or imminent danger thereof
within the limits Of any command the
senior commanding officer of such
command, with the approval of the
governor, shall o. der out for the de-
Tense OF the state the forces under
his command, or any part thereof, and
report his action and the
of the case to the gov
ernor and his immediate commanding
officer.
{ 45 Warning for Dutyl orders
for duty may be oral or written. OFF,
GERS and enlisted men may be warned
for duty rs follows: 49, ,o.o -,
the order or reading the order to the
person warned, or by delivering a copy
of such order to such person, or by
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 postoffice nearest thereto.
Such warning may be given by any
on a SET nfH a
officer or oncommiSSioned officer Civ
ing such warning shall make a return
thereof containing the names of 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
by any commanding officer; such veri-
fed return shall be as good evidence
a delinquent of the facts stated there
in as If such officer or nonCommisSion-
ed officer had testified to the same be-
fore the delinquency court on such
trial Every commanding officer shall
make the like return, on honor and
with like effect of every delinquency
and neglect of duty OF his officer and
noncomni ssioned officer, and also to
every enlisted man who shall refuse
or neglect TO perform such military
duty as may be required.
46 Excuse from Dutyl The Of
fcer ordering any military duty shall
have the power to excuse any officer
DR. 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 1t is now or may
hereafter be prescribed by the presi-
lent, and to the provisions of the laws
Of the United States, except as other
wise provided In this act.
AZ. Military Courts.1 The mill
&c ~ y fnfA haI he.
!. General courtsmartiaL
.. Garrison courtsmarttal
3. The summary court
4. Courts of inquiry.
wo kinds: % For officers, CD for en-
listed men.
The constitution and jurisdiction Of
the form and manner
courts shall be conducted and record
ID, and the forms of oaths and AFR
nations taken in the administration
limits and punishments and the pro-
,eedings in revision shall be govern
ID by the articles of war and the laws
Ind procedure of the courtsmartial Of
he United states.
40. Indemnity for Action of Mill
airy Court No action or proceeding
shall be prosecuted or maintained
,r officer or person acting under his
authority or reviewing it's proceedings
IN account of the approval or imposi-
ion or execution of any. sentence. or
u penalty or the execution of any
writ, execution process or
of a military court
8 so. Presumption of Jurisdiction
rhe 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
Dust such court or board OF jurisdic-
n. PROCEEDINGS.
81. Organization.1 All organiza-
ions of the National Guard shall be
provided by the state with such arms.
camp ana sod
If record. and other supplies as may
De necessary for the proper perform
ance OF the duty required. of them by
keep such property. in proper repair
Ind In good condition.
9 So. Commissioned Oficers Uni
shall provide himself with arms. uni,
forms. and equipments prescribed and
by the governor.
SO. Enlisted Men. Uniformsl.
service OF the state for three years
shall be furnished by the state with q
uniform corresponding In make and
general appearance to the uniform OF
81. Dress Uniforms1 Regiments,
and squadrons not part of
regiments may, with the consent of
y ,her o%n and there own
SIS. Responsibility for Public
Every officer and enlisted
ssase has Sssn ssSed sns Be 81
ally responsible to the state for such
property and no one shall be relieved
from such responsibility except It be
ernOr that the loss or destruction OF