Kingsbury County independent. (DeSmet, Kingsbury County, S.D.) 1894-1929, 1910-11-04

at any such times and places a he
may appoint.
especially excused by the governor,
will be required to participate for at
least ive 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
GERS in Aid of civil Authorities.l In
case of any breach of the peace. tu-
multi, riot or resistance TO the process
Of this state or imminent danger
or the circuit or county court, or NUM-
cipal judge of a city, or sheriff of q
for aid upon the commanding oficer
of the organization of the National
Guard stationed therein or adjacent
thereto; provided, that such call must
be in writing and subject to the APP
prevail OF the governor. The com
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 he
has done and all circumstances of the
case to the governor, II 1T 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-
llOli VI NilC SICI II NIucl Jul SuSli I'LL
itary force from any other counties or
county as is necessary,
When IN armed force is called out
lawful or riotous assembly Il must
follow the orders in relation thereto
Of the civil officers calling 1t out and
ders OF the civil officer shall extent
only to a direction of q 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
jeot specified by the civil officer shall
be left solely to the officer in COM
mand.
A. In Case of Insurrection or In
invasion OF imminent danger thereof
within the limits of any command, the
sonl0T df%0mWmitahndttRSsg a qlI1SsT or of Sq fGe
governor, shall order out for the de-
Tense of the state the forces under
his command, or any part thereof; and
Immediately report his action and the
circumstances of the case to the gov
ernor and his immediate commanding
officer.
as. Warning for Dutyl. orders
for duty may be oral or written. OFF,
GERS and enlisted men may be warned
tor duty as 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 by
leaving 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
q copy of such order, or notice CO..
! tanning the substance thereof, to such
person by mail, directed to lii at his
last known place Of abode or business,
or to the pOStotlCe nearest thereto.
Such warning may be given by any
officer or noncommissiOned officer, The
officer or noncommiSsioned officer Civ
- .,,aE .-n n- so. -laIT l. - Fa NNn
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-
fled 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
anu neglect OF duty OF ms officer anu
noncommissioned officer and also TO
every enlisted man who shall refuse
or neglect to perform such military
duty as may be required.
46. Excuse from Duty.l The of
ficer ordering any military duty shall
have the power TO excuse any officer
or enlisted man for absence therefrom
upon good and sufficient grounds.
s AZ. Discipline and EXercise.l 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.
) As. Military, Courts.l The mill
tary courts of this state shall be:
l. General courtSmartial.
3. Garrison courtsmartial.
3. The summary court.
4. Courts of inquiry.
5. DELINQUENT courts. which are of
two kinds: (f) For officers, CD for en-
listed men,
The constitution and jurisdiction of
in which the proceedings of military
courts shall he conducted and record
ed, and the forms of oaths and aftlr-
nation: taken. ia 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.
~. Indemnity for Action of Mill
tary Court. No action or proceeding
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
WI ~ hSN $500
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 to
Dust such court or board of jurisdic-
tion in any action or proceedings.
81. Organization. All organiza-
tons of the National Guard shall be
provided by the state with such arms,
equipments, colors. camp and garrison
~equippage, books of instruction II
OF record, and other supplies as ma
be necessary for the proper perform
ance of the duty required of them by
his act; and each organization shall
keep such property in proper repair
ami in good condition,
SO. Commissioned Officers Uni
form.I 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 q
uniform corresponding in make n
general appearance to the uniform OF
the United States army.
81. Dress Uniforms.1 Regiments,
b~attalions and squadrons not part OF
regiments may, with the consent or
the governor. adopt . dress uniform
OF their own and at their own ex-