The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1910-11-03
CHAPTER 223
IS. Il. 2306.)

Regulation of the National Guard
and of the Militia OF The state of
Chapter % of the Revised Political
Code OF 1909, and Chapter 1s5 of the
Laws of 1903, Relating to the Militia
OF the State of south Dakota,
Be 1t Enacted by the Legislature of
the State of South Dakota:
/. Militia. What Constitutesl. An
the able bodies male citizens of this
state and every ~able-bodied male of
foreign birth who has declared his in
more than eighteen and less than for
ty-fiNe years of age. and who are resi-
dents of this state, shall constitute the
militia. subject to the following ex-
ceptions:
/. Persons exempted by the laws of
the United States.
2 Persons exempted by the laws of
his state.
3. The members of any regularly
organized fire or police department. in
any city, village or town. and exempt
firemen who lave served their full
term in any fire company, but no MEM
ber of the organized militia shall be
relieved from duty because CT his join
ment.
=; Judges and clerks Of courts % Of
ministers of the gospel, practicing
phYsieians, snperintendents, officers
la.is. conductors ard engineers of
railways.
o. Idiots. lunatics. paupers, VaSa-
addicted to the use of narcotic drugs.
and persons convicted of infamous
crimes.
All such exempted persons except
those mentioned in subdivisions l and
, shall be available for military duty
in Ease Of insurrection, war. invasion
or imminent danger thereof.
. l2nrollmentl. Whenever the
governor shall deem it necessary, he
may order an enrolment to be made
~ al Ia an. i1.i1 os.- q r,., 81 ->,- I~,
isnated by. him, of all persons liable
to service in the militia. Such ENROLL
ment shall state the name, residence,
rolled and their, previous or existing
military or naval service. Three copies
shall be made thereof: one shall be re-
tanned by the enrolling officer, one
filed in the office of the auditor of
the county in which the enrolment is
made, and the original i'm the office Of
roilment, if demanded by the COVER
nor. without additional expense to the
g.. Notice of Enrolment. Exemp-
ton Claims The officer making the
ing the SAME neai Serve We ' a no orie OF Of M saeh
enrolment upon each person enrolled,
by delivering to him such notice or
able 6 and discretion at his place of
residence. All persons claiming ex-
emption must, within fifteen. days af-
Z TX wi ol SUCIl IolIct, TX q
written statement. OF such exemption.
verified BY affidavit, in the office of
The county auditor. such county aud
exempted according to law, mark the
word Exempt opposite his name;
and the remainder of all thus enroll
constitute the militia of this state.
and such county auditor shall trans
nit a COPY OF such corrected roll to
ing officer of each organization in the
National Guard and the heads of the
i 1re and an poll id aenpar,mments in each
rollment is ordered, hle in the Office
OF ,he county auditor Of his county a
certli1ed list OF the names of all per-
sons in his command or department..
s4. 1.xamination Of Assessment
Rolls and Foil .Listsl. The assessors
IN each city, village, town, township
sons appointed TO make such enroll
ment. at all proper times, to examine
their assessment rolls and take copies
ties and clerks of all towns and cities
shall in like manner, at all proper
, nj ;con ai'9 tWe s nm,1 persons N to to eSa min
Office; All persons shall, upon the ap-
plication of any person making. such
per information concerning any per-
son within their knowledge. liable to
be enrolled. and any person conceal
ing or giving false information or re-
fusing TO give Information requested
as above required shall be guilty of a
miSdemcanor, and II convicted shall
be f1ned a sum not to exceed ten dol
lars for each and every offense so
committed. The officer making the
enrolment shall. within ten days, re
port to the adiutant genera the
names of all persons who shall fail or
neglect to Civ Information as above
required.
Sh Designation and classification
OF the Militia The militia of this state
sinai be divided into two classes: The
organized and the reserve militia. The
organized militia shall consist of the
organized and uniformed military
known as the National Guard OF the
state: the reserve militia shall consist
OF all those liable to serve in the mil
tia but not serving in the National
Guard.
6. Commander-in-Chiet]. The
governor of tile state, by virtue of his
office. shall be the commander-in-chief
of the militia of the state, except of
such portions as may at times be in
the service of the United States.
other state. territory or district shall
be permitted 10 enter the state for the
purpose OF doing military duty there
in without the permission Of the gov
elnor, unless such force is part of the
the authority OF the United States.
5 Z. General Staff. The staff OF
the governor shall! consist Of one ad-
%jutant general. with such other STAFF
officers as shall be necessary aud APP
pointed in the various departments
under the adjutan; general; The adj
iutant general shall have the rank OF
brigadier general. The adjutant gen
erals department shall include the de.
partments heretofore known aud des.