The Charles Mix new era. (Wagner, Charles Mix County, S.D.) 1???-1911, 1910-10-14

In addition to such drills and pa
rades. the commanding officer Of any
organization may require the omcers
and enlisted men Of his command to
at any such times and places as he
Each troop, battery or company not
will be required to participate for at
least five consecutive days annually
in practice marches or camps of in
the governor may prescribe. and under
such instructors as he may appoint.
43. Conduct of Commanding ON
esFs On Of ana anv Of brs Siyli az aut tSa nes TN In
multi. riot or resistance to the process
of this state, or imminent danger
thereof, a justice of the supreme court
cipal judge of a city, or sheriff of a
county. or mayor Of a city, may call
for aid upon the commanding officer
Guard stationed therein or adjacent
thereto; provided, that such call must
be in writing and subject to the ap-
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, and If it appear
to him hin that the power Of the county
~ A'oN w ASSoi tio ollS III
to preserve the peace and protect the
lives and property Of the peaceful res
dents OF his county or to overcome
state. the governor must, on applica-
ton Of the sheriff, order u such mil
itary force from any other counties or
as is necessary.
When an armed force is called out
for the purpose of suppressing an I'M
lawful or riotous assembly it must
follow the orders in relation thereto
of the civil officers calling it out and
ders Of the civil officer shall extent
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 employed to accomplish the OBJ
iect specified by the civil officer shall
be left solely to the officer in COM
s,44. In Case Of Insurrection or In
vasion.l In case of insurrection or
invasion or imminent danger thereof
senior commanding officer of such
with the approval of the
governor, shall order out for the de-
Tense of the state the forces under
report his action and the
circumstances of the case to the gov
ernor and his immediate commanding
officer.
5 40. Warning for Dutyl. Orders
for duty may be oral or written. OH
GERS and enlisted men may be warned
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-
a copy of such order, or 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.
Such warning may be given by any
officer or noncommissioned officer. The
officer or noncommissioned 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-
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
a delinquent of the facts stated there
in as if such officer or noncommission-
ed officer had testified to the same be-
Every commanding officer shall
make the like return, on honor, and
with like effect of every delinquency
and neglect. of duty. OF his officer and
every enlisted man who shall refuse
or neglect to, perform such military
as may be required.
46. Excuse from Duty The Of
ordering any military duty shall
the power to excuse n officer
or enlisted man for absence therefrom
upo good and sufficient grounds.
: At. Discipline and EXERCISED The
system of discipline and exercise of the
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
5 As. Military Courts.l The mill
tary courts of this state shall be:
/. General courtsmartial.
2. Garrison courtsmartial.
3. 1he summary court.
4. Courts of inquiry.
5. Delinquent courts, which are of
two kinds: CD For officers, CD for en-
The constitution and jurisdiction of
the form and manner
i a which s the proceedings Of military
ed, and the forms of oaths and affir-
taken in the administration
Of military law by such courts TIE
ceedings in revision shall be govern
by the articles of war and the laws
and procedure of the courtsmartial Of
] 5 40. Indemnity for Action of Mill
lary Court. No action or proceeding
shall be prosecuted or maintained
~ dlHSt q VI d initial SOuil
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
imposition or collection of a fine
or penalty or the execution of any
warrants, writ, execution. process or
mandate of a military court.
s 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 seeking to
Dust such court cor board of j~urisdic-
ton in any action or proceedings.
s 81. Organization.1 All ~organiza-
lions of the National Guard shall be
provided by the state with such arms,
colors, camp and garrison
squippage, books of instruction and
Of record, and other supplies as may
be necessary for the prop perform
ance of the duty required of them by
act; and each organization shall
keep such property in proper repair
md in good condition.
s So. Commissioned officers Uni
Every commissioned officer
shall provide himself with arms, uni
forms, and equipments prescribed n
approved by the governor.
s SO. Enlisted Men. UniformsJ.
Every enlisted man who enters the
of the state for three years
be furnished by the state with a
corrSpOnding in make and