Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1910-10-20

organization may require the omcers
and enlisted men Of his command to
at any such times and places rs he
may appoint.
Each Each I, troop, battery or company not
VIII be. required to participate for at
least Ave consecutive days annually
n practice marehes or camps Of In.
the governor may prescribe, and under
such 10 instructors as he may appoint
in 3id of c "
multi n. t., riot or resistance to the process
thereof j justice of the supreme coart
or the circuit or county court, or muni-
cipal Judge of city. or. sheriff of 2
for aid upon the commanding oficer
Guard stationed therein or adjacent
be In writing and subject to the ap-
provaa;i OF the governor; The CON- ON,
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 s. him him that the power Of the county
be not suficsnt to enable the sheriff i,f
lives, and property Of the peaceful res
idents Of his county or to overcome
lHo feSlSldIce TO the process OIL LnlS
ton of the sheriff, order out such mill
itary. force from any other counties or
county as is necessary.
When an armed force is called out
for the purpose of suppressing an I'M
lawful or riotous assembly it must
Of the civil officers calling it out and
render the required aid; but such Or
ders of the. civil officer shall extent
only to direction of a general or
specific object to be accomplished and
the duration of service for such troops.
but the TACTICAL direction Of the
to be used, and the particular means
to be employed to. accomplish the OBJ
iect, specified by the civil officer shall
mand.
) a. In Case of Insurrection or In
In of danee
within the limits of any command, the
senior commanding officer of such
goVernor, shall hall order e out for the de- de-
Tense of the state the forces under
his command Or any part thereof, and
circumstances of the case to the gov
ernor and his immediate commanding
| officer.
for duty may be oral or written. OF,
GERS and enlisted men may be warned
for duty rs follows:
person warned, or by delivering a copy
of such order to such person, OF by
last known place of abode or business
| of such person with someone of suita-
BILE age and discretion, or sy. sending
a copy of such order, 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.
officer or noncommissionedo fhcer. The
ing such warning shall make return
thereof containing the names of the
person warned, and the time, place,
his oath, which may be administered
by any commanding officer; such. ,veri-
on the trial of any person returned as
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
and neglect of duty of his officer and
noncommissioned officer and also. to
every enlisted man who shall refuse
duty as may be required
d6. Excuse from Duty.1 The Of
ficer ordering any military duty shall
or enlisted man for absence therefrom
upon good and sufficient grounds.
5 Al. 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 it 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.
5 4S. Military Courts The mill
tary courts of this state SHALL be:
| l. General courtsmartial.
2. Garrison courtsmartial.
3. The summary court.
q. Courts of inquiry.
5. Delinquent courts, which are of
two kinds: (1) For officers, (2) for en-
| listed men,
The constitution and jurisdiction of
courtsmartial, the form and manner
courts Shall be conducted and rec record ord
/ ed, and the forms of oaths and affir-
nations m ions ! taken in the administration
limits and punishments and the e. pro- rt1e
ceedings in revision shall be govern
ed by the articles Of war and the laws
$ 40. Indemnity for Action of Mill
tary, Court.l No action or proceeding
against a member of a military court
or officer or person acting under his
authorltY or reviewing its proceedings
ton or execution of any sentence, or
the imposition or collection of fine
or or Pc penalty or, or the execution Of any
|
mandate of a military court
,s SO. Presumption of Jurisdiction.l
board established by this act shall
| be presumed and the burden of proof
shall rest on any person seeking to
gust sue, such court or board of jurisdic-
ton In any action or proceedings.
81. organi2ation.l All organiza-
tons of the National Guard shall be
provided by the state with such arms,
4 equipments. .colors. camp and garrison
equlppage, books Of instruction and
OF record, and other supplies as may
be EN- ne 6 sha for the proper perform
this act; and each organization shall
/ keep such property in proper repair
| and IN good condition.
Sc. Commissioned Officers Uni
form Every commissioned officer
/ shall provide himself with arms, uni
forms. and equipments prescribed and
/ approved by the governor.
53. Enlisted Men. Uniformsl.
Every enlisted man who enters the
service of the state for three years
shall be furnished by the state with
! uniform corresponding in make and
4 general appearance to the uniform of
/ the United States army.
x II ~