The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1910-10-13

Msdiesi dslnrtmsnts. and the aa,utIa1
ssnsrsl shail &c shist and at b head
jntant 1sneral shall be appointed by
the governor from tho sncers OF the
Guard above u ran Of cap.
pointed and qualined:. provided, that
poifnttn: n , sh'' ,. sss r 3; adEc. :; he q:
jutant general or any ofhcsr shall hs
the laws; rules and r%sEolations Of the
sna .sulf N !n's and d.s'' tho q. fI 1a..
y,.tatsu Of Il s sss In,t, ,ss'I state. Esyis:s
The y%arios. s.sn efieer. in the var.
ious departmsnts or such rs are ne
governor and commissioned ~ him
upon the recommendation Of the adju.
iinnt h n.ne nl.a and sha1l hold me dur.
officers Of the national guard shan b
A s.nn*d .ma by the who. sd'% S Gsnsrsl
perry perry b%.fons ansoa tn til! ,0 State any or p #;
t an,tsd seats' fa shall y. siys geod and SUI:
ing Tor the sans in such sum as shall
pc designated by the governor or ad.
jutant general. such bono to be ap-
SlsSs' P = enc 81 she G SeasFal; in
Case of Invasion, Etc.l. The governor
shall have power, in a case of insur.
breach of the peace or imminent dan.
ger thereof, to order into the active
seryice Of the state any. part of the
WIEN the en1 milit ns N ma hi. as ssaae pr0s sny
part thereof is called forth under the
Constitution and laws of the United
sta ss,y me tTs shall order out
such part thereof as may be necessary,
and if the number available be insunf.
Gent he shall order out such part OF
ganizations Of the National Guard in
the service Of the United State. their
to new organizations.
Militial. Whenever it SHAH be neces-
ernor shall direct his order to the
mayor of any city or the president of
on receipt of the same, shall forthwith
proceed to draft, by lot, as many of
The reserve militia in his city, town OF
t teMasa aE arc or rs senfpt as IS many volun-
and shall forthwith forward to the
a list of the persons so
drafted or accepted as volunteers.
Every member of the militia
out, or who volunteers or is
under the provisions of this
and place designated By his command
ing officer. the mayor, or president Of
me town or township board, within
tMenly-four hours from such time. or
who does not produce a sworn %certifi-
ste OF physical disability from a ply
sician in good standing, to SO appear,
shall be taken to be deserter. and
Of war Of the United States.
) IL. Organizations of Reserve Mil
When Ordered outl. The portion
Of ofn1 Teser in,o militia ordered ont or ac.
8 and . of this act, shall be
Immediately mustered into service of
the state for three years, or such less
and shall be organized into troops,
or companies which may be
into extra sQuadrons, battal-
sanizatlons of the National Guar al
'eady existing. The governor is au-
.horized to appoint the officers neces-
thus created. Such new or
carnations shall be equipped, discip-
!, ined and governed according to this
Ions of this state.
s ~. Proclamation of State Insur-
'ectionI: Whenever any portion. Of
he militia is employed in the aid Of
n his Judgment the maintenance of
and order will thereby be pro-
noted, may by proclamation declare
roops are serving, or any specified
thereof, to be in a state of in
10. Occasions When the Articles
Inforcedl. Whenever any portion of
he militia shall be on duty under or
pursuant to the orders of the gover-
ior, or shall be on duty or ordered to
assemble for duty in. time of war, in.
;nrrection. invasion. public danger, or
o aid the civil authorities on account
lot, resistance to process of this state,
r imminent danger thereof, or for
ny Other cause; the articles Of war
'tates, and the regulations prescribed
or the army of the United States, as
as such regulations are consistent
ued hereunder, shall be enforced and
egarded as a part of this act until
aid forces shall duly be relieved from
UGH duty.
As to ofrenses committed when ouch
rtic!es OF war are so in force, courts
%lartial shall possess, in addition to
ne lurisdiction and power of sentence
II additional Jurisdiction and power
I sentence and punishment exercis-
pie by like courts under such articles
rnins the United States army or the
ustoms and usaEes thereof, but no
enlistment under such rules and ar
: IS "IlIcn snall extend TO the taking
! life shall. in any case, be inflicted
Scept in time Of actual war, invasion
+ lnsurrection, declared by proclama-
ION Of the soyernor to exist. and then
I the sentence INJECTING such punish
lent. l~mprisonments other than in
shall be executed in jails
IT: RELIEF from Civil or Criminal
ia bilityl. Members of the militia or
OF be liable. civiliy or crimina11y. Tor
ny act or acts done by them while on
, uey d dutv. IN e, tns proper alssharss Of
in this act; and no person mlss Pre- be-
,,nging to the militia in active service
! me state snail be arrested on any
at, or returning from any place at
'hich he may be required to attend
'r military duties. Any portion of
We service shall have a right of way
! any street or highway through
me-. ,rri ,hey may pass; provided; the
and fire departments shall not
e interfered with thereby.
u mxery Of m thiE s,ate Of shat, the no National a
lille he is such member of the Ma
onal Guard from the payment Of all
OH ta.. and from service on any jury,
" iielH an pom LAX alter he snail
ave secured three enlistments and re-
honorable discharge from the
J is. The Adjutant General]. The
d1utant general shall be in control
the military department of the
ate, and subordinate only to the gov
nor in matters pertaining to said de-
artment He will perform such duties
5 pertain to the adjutant general and
re other chiefs of staff departments,
nder the resula tons n customs Of
re United States army. He will sup
'lntena the preparation of all returns
reports required by the United
Lates from the state. and will per-
all the duties prescribed for him
this military code.
he shall keep a register of all the