Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1910-10-22

Inspector generals, ordnance, and
ss be and and tas a. ssa
OF each of these departments. The adj
Jutant general shall be appointed by
National Guard above the rank OF cap
tain, and shall serve for period of
two years or until his successor is ap-
ne.hing IN this act relative to the ap-
lpointment and term of office of the ad-
jutsnt general l. or any onicer esd. shall es
the laws, rules and regulations OF the
United states. relative to the appoFFs pFs
od'eea and equipment under the pro-
stsi3ns statates Of SOH the United states, as
amended, or other acts OF congress.
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 once dur
Ing his pleasure A GommSsi9n1 sbs be be
signed by the adtytant general genera.
them ne 0HtSe to account %nHts for ''e any 4 pro:
perty belonging to the state or the
United states shall give good and suf-
| ing for the same in such sum as shall
| ne designated by the governor or ad-
/ jutant general, such bond to be ap-
/ proved by the adjutant general.
sS. Power OF the Governor in
Case of Invasion, Etc.l. The governor
shall have power in case Of insur-
breach Of the peace or imminent dan
ger thereof, to order into the active
militia that he may deem proper.
When the militia of this state or any
part thereof is called forth under the
States the governor shall order out
for service the organized militia or
| such part thereof as may be necessary,
cient he shall order out such part OF
| the reserve militia as he may deem
necessary. During the absence Of or
ganizations of the National Guard in
the service Of the United States their
! state designations shall not be given
to- new organiza tions;; .
NniitiaL Whenever it shall be neces-
sary to call out any portion of the re-
ernor shall direct his order to the
mayor of any city or the president OF
any town or township board, who, up-
or receipt OF the same, shall forthwith
proceed to draft, by lot, as many Of
! the reserve militia in his city, town or
township, or accept as many volun-
and shall forthwith forward TO the
governor a list of the persons so
, drafted or accepted as volunteers.
| 10. Punishment for Failure to APP
| pcLrl Every member of the militia
oriered out, or who volunteers or is
| dr. fted, under the provisions of this
! act, dii does not appear at lHe llulo
ami place designated by his command.
| ing officer the mayor, or president OF
! the town or township board, within
| twenty-fOur hours from such time, or
! WHO does not produce a sworn certiti-
cafe Of physical disability from ply
| sician in good standing, to so appear,
dealt with as prescribed in the articles
, Of war of the United states.
II, Organizations Of Reserve Mil
itia, When ordered Outl The portion
|,f mil IN O.
/ ceptcd into service, as indicated in
| Sections and 8 of this act, shall be
! Immediately mustered into service or
! the state for three years, or such less
| period as the governor may direct,
ana shall be organized into troops,
! ba altcTics or companies which may be
! arranged into extra squadrons, battal-
4 ions or regiments, or assigned to or
I ggniZations Of the National Guard al
/ ready existing. The governor is au-
! thoriZed to appoint the officers neces-
! sary to commence or complete any or
! gauiZation thus created. Such new or
| ganiZations shall be equipped, diSCip-
/ lined and governed according to this
military code and the military regula-
! tious of this state.
T.. Proclamation of state lnsurcc
cectionl: Whenever any portion Of
/ tle militia is employed in the aid Of
/ tie civil authorities, the governor, II
! in his judgment the maintenance OF
! 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
/ Surrcction.
| 10. Occasions When the Articles
Of War of the United States are to be
Enforcedl Whenever any portion of
the militia shall be on duty under or
pursuant to the orders Of the COVER
nor, or 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, tunult,
r. Ct a to
or imminent danger thereof, or Tor
any other cause, the articles Of war
governiug the army of the United
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, shall be enforced and
regarded as a part of this act until
said forces shall duly be relieved from
such duty.
As to orenscs committed when such
articles Of war are so in force. courts
martial shah possess. in addition to
the jurisdiction and power of sentence
and punishment herein vested in them
all additional jurisdiction and power
of sentence and punishment eIercis-
able by like courts under such articles
of war or the regulations or laws gov
customs and usaSes thereof, but no
punishment under such rules and ar
ticles which shall extend to the taking
of life shall. in any case be inflicted
except in time of actual war, invasion
or insurrcCtion, declared by proclama-
ton of the governor to exist, and then
only after approval by the governor
of the sentence inhiCting such punish
ment. lmprSonments other than IN
guardhOusc shall be executed in jails
or prisons designated by the governor
for such purpose.
s Il. Relief from Civil or Criminal
Liability Members of the militia or
dered into the active service OF the
state by any proper authority shall
not be liable, ciyilly or crimtnally, for
any act or acts done by them while on
duty and in the proper discharge of
their duty, except as otherwise pro-
vided in this act; and no person be-
longing to the militia in active service
of the state shall be arrested on any
civil process while going to, remain
ing at, or returning from any place at
which he may be required to attend
for military duties. Any portion of
the militia performing any duty in ac-
tive service shall have right of way
in any street or highway through tEa
carriage of the United States mail and
the progress and operation of fire en-
gines and fire Departments shall not
be interfered with thereby.
Every member of the National
Guard of this state shall be exempt
while he is such member of the Ma.
poll tax and from service on any jury,
and from all poll tax after he shall
have secured three enlistments and re-
ceived honorable discharge from the
Is. The Adiutant Generall. The
adjutant general shall be in control
of the military department of the
state. and subordinate only to the gov
ernor in matters pertaining to said de-
partment He will perform such duties
as pertain to the adjutant general and
the other chiefs of staff departments,
under the regulations and customs OF
the United States army. He viii sup
erintend the preparation of all returns
and reports required by the United
States from the state, and Will per-
form all the duties prescribed for him
in this military code.
He shall keep a register of all the
officers of the militia of the state, and
keep in his office all records and pa
perS required to be kept and hied
therein, and make a report on or pc
fore the thirty-first day of December
in each year to the governor, includ-
ing a detailed statement of all the eX-
penditures for military purposes DUR
ing that year