The Miller press. [volume] (Miller, S.D.) 190?-current, 1910-11-03

may appoint.
Each troop, battery or company not
will be required to participate for a,
least five 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.
43. Conduct of Commanding ON
case of any breach of the peace u-
multi, riot or resistance to the process
of this state, or imminent danger
thereof, a justice of the supreme our
or the circuit or county court, or NUM-
cipal Judge of a city, or sheriff of a
county, or mayor OF q city, may cal
for aid upon the commanding. officer
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
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 hat he
has done and all circumstances of the
case to the governor, and If 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
state, the governor must, on applica-
ton of the sheriff, order out such mil
itary force from any other counties or
county as is necessary.
When an armed force is called out
for the urpos OF suppressinS an I'M
lawful or riotous assembly II must
follow the orders in relation thereto
Of the civil officers calling it out and
render the required aid; but such or
ders of the civil officer shall extent
only TO a direction of a general or
the duration of service for such troops,
but the tactical direction of the
troops, the kind and extent of force
10 be used, and the particular means
to be employed to accomplish the OBJ
jeot specified by the civil officer shall
be left solely to the officer in COM
mand.
v~asion.l In case OF insurrection or
invasion or imminent danger thereof
within the limits of n command, the
s sSmi9T f~oW W3tR Ing a 3fIiSeT Of 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
circumstance Of the case to the gov
ernor and his immediate commanding
officer.
az. Warning for Dutyl. Orders
for duty may be oral or written. Off
GERS and enlisted men may be warned
for 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-
bic age and discretion, or by sending
a copy Of such order, or notice co..
tanning the substance thereof. to such
person by mail. directed to him at his
last known place Of abode or business,
or to the postotice nearest thereto.
Such warning may be given by any
officer or nOnCommiSsiOned officer. The
officer or nonconmiSSiOned 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
on the trial Of any person returned as
q 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. AMI
and neglect Of duty Of his officer ami
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 The Of
iCer ordering any military duty shall
nave the power to excuse any officer
or enlisted man for absence therefrom
upon good and sufficient grounds.
II. Discipline and EXERCISED The
system of discipline and exercise of the
National Guard of this state sha 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.I The mill
tary courts Of this state shall be:
/. General courtSmartial.
2. Garrison courtsmartial
z. The summary court.
4. Courts of inquiry.
). Delinquent courts, which are of
two kinds: CD For officers, CD for en-
listed men.
The constitution and jurisdiction of
courtsmartial, the form and manner
courts shall he conducted and record
ed, and the forms of Oaths and affir-
nations taken in the administration
of military law by such courts, the
ceedingS in revision shall be govern
ed by the articles of war and the laws
and procedure of the courtsmartial OF
the United states.
40. Indemnity for Action of Mill
tary Court No action or proceeding
shah be prosecuted or maintained
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-
ton or execution of any sentence, or
liz vi NotttNAi'h VI " liiD
or penalty or the execution of any
warrants, writ, execution, process or
mandate of a military court.
: 90. Presumption of Jurisdiction. !
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-
tion in any action or proceedings.
81. O~rganization.l All organi2a-
tions of the National Guar shall be
provided by the state with such arms,
equipments, %colors, camp and garrison
e~quippage, books of instruction and
of record, and other supplies as may
be necessary for the proper perform
ance of the duty required OF them by
this act; and each organization shall
keep such property in proper repair
and in good condition.
50. Commissioned Officers Uni
form Every commissioned officer
shall provide himself with arms, uni
forms, and equipments prescribed n
approved by the governor.
SO, Enlisted Men. Uniformsl I.
Every enlisted man who enters the
service of the state for three years
shall be furnished by the state with a
uniform corresponding in make and
general appearance to the uniform OF
the United States army.
81. Dress Uniforms.l Regiments,
battalions and ~squadrons not part of
regiments a with the consent Of
Of their W and at their own ex-
SIS. Responsibility for Public
Property.] Every officer and enlisted
man to whom public property of the
state has been issued shah be person
ally responsible to the state for such
property. and 40 one shall be relieved
from such responsibility except il be