Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1910-10-15


medical departments, and the adjutant
general shall be chief and at the head
OF each OF these departments. The adj
1utant general shall be appointed by
the governor from the officers of the
National Guard above the rank Of cap
tain. and shall serve for period Of
pointed and qualified; provided, that
nothing IN this act relative to the aP-
lpointment and term of ofiice Of the ad-
CONSTRUED to In any way. conflict with
the laws. rules and regulations OF the
United states. relative to the appor-
statutes Of the United states. as
henSspii The uspiio1s US a stan offieers in the var
ious departments or such as are ne
cessary, shall be appointed by the
upon the recommendation of the adju-
tant general, and shall hold ONCE dur
ing his pleasure. All commissions 10
fsssed Efeess Sy Sf the the = soYernor % ana Counter
An onicers whose duties require
perty ssr belonging to the state or the
United states shall give good and suf-
ficient bond for the faithful account
ing for the same in such sum as shall
jutant general, such bond to be ap-
proved by the adjutant general.
case of fGwss INVASION Etc hf TSs
shall have power, in case Of insur-
rection, invasion, tumult, riot or
breach Of the peace or imminent dan
Service OF the state any. part OF the
militia that he may deem proper.
When the militia OF this state or any
part thereof is called forth under the
Constitution and laws Nof the United
States, the governor shall order out
for service the organized militia or
q l. ~ hr q q q ~
and II the number available be insult :
cient he shall order out such part OF
the reserve militia as he may deem
ganizations of the National Guard in
the service of the United States their
state designations shall not be given
9. Drafts or Volunteers from
INITIAL Whenever it shall be neces-
sary to call out any portion of the re-
serve militia root for active duty the s1fSS sfSe
mayor of any city or the president OF
any town or township board, who, up
on receipt Of the same; shall forthwith
the reserve militia in his city, town or
township, or accept as many Volun-
teers, as are required by the, governor,
governor a list of the persons SO
drafted or accepted as volunteers.
10. Punishment for Failure to APP
pearl. Every member OF the militia
drafted, under the provisions OF this
act, and does not appear at the time
and place designated by his command. !.
ing officer, the mayor, or president or
the town or township board, within
twenty-four hours from such time, or
who does not produce sworn certln-
cate of physical disability from phy-
stefan in good standing, to so appear,
shall be taken to be a deserter, and
dealt with as prescribed in the articles
of war of the United states.
,iy. Of l.
itia, When Ordered Outl The portion
of reserve militia ordered out or ac-
ccpted into service, as indicated IN
Sections 8 and . of this act, shall be
mustered into service of
the state for three years, or such less
period as the governor may direct
and shall be organized into troops,
batteries or companies which may be
arranged into extra squadrons, battal-
ions or regiments, or assigned to or
of the, National Guard al
to appoint the officers neces-
sary to commence or complete any or
ganization thus created. Such new or
shall be equipped, discip-
lined and governed according to this
code and the military regula-
tions of this state.
IL. Proclamation OF State lnsur.
rcctionl. Whenever any portion Of
the militia is employed in the aid Of
the civil authorities, the governor, II
in his judgment the maintenance OF
noted, may by proclamation declare
the county, town or city in which the
troops are serving, or any specified
portion thereof, to be in state of in
SurrcCtion.
s 10. Occasions When the Articles
Of War of the United States are to be
Whenever any portion Of
the militia shall be on duty under or
pursuant to the orders of the COVER
nor, or shall be on duty or ordered to
assemble for duty in time of war, in
surrec lion, invasion, public danger, or
to aid the civil authorities on account
of any breach Of the peace, tumult,
riot, resistance to process of this state,
or imminent danger thereof, or Tor
governing the army of the United
States. and the regulations prescribed
for the army of the United states, as
far as such regulations are consistent
with this act and the regulations is
sued hereunder, shall be enforced and
regarded as a part of this act until
said forces shall duly be relieved from
such duty.
As TO ofrenses committed when such
articles of war are so in force, courts
martial shall possess, in addition to
the Jurisdiction and power of sentence
and punishment herein vested in them
all additional jurisdiction and power
OF sentence and punishment exercis-
a Bile by like courts under such articles
of war or the regulations or laws gov
erning the United states army or the
customs and uSages thereof, but no
punishment under such rules and ar
ticles which shall extend to the taking
OF life shall, in any case, be inflicted
except in time of actual war, invasion
or insurrcCtion, declared by proclama-
ton of the governor to exist, and then
only after approval by the governor
of the sentence intiCting such punish
ment Imprisonmcnts other than in
guardhOuse shall be executed in jails
or prisons designated by the governor
II. RELIEF from Civil or Criminal
Liability. Members of the militia or
dered into the active service of the
not be liable, civiIiy or criminally, for
any act or acts done by them while on
duty and in the proper discharge Of
Their duty except as otherwise WnEsor pro- bo-
longing to the militia in active service
of the state shall be arrested on any
civil process while going to, remain
ing at, or returning from any place at
which he may be required to attend
for military duties. Any portion OF
the militia performing any duty in ac-
in any street or highway through
carriage Of the United States mail and
the progress and operation of fire en-.
be interfered with thereby.
Every member of the National
Guard of this state shall be exempt
while he is such member of the Ma,
poll tax and from service on any jury,
and from all poll tax after he shall
have secured three enlistments ana re-
ceived honorable discharge from the
service.
{ is. The Adjutant Generall. The
adjutant general shall be in control
of the military department of the
state, and subordinate only to the gov
ernor in matters pertaining to said de-
partment. He will perform such duties
as pertain TO the adjutant general and
the other chiefs of staff departments,
under the regulations and customs OF
the United States army. He viii sup
the preparation of all returns
and reports required by the United
States from the state, and viii per-
form all the duties prescribed for him
in this military code.
He shall keep a register of all the
officers of the militia of the state, and
keep in his Office all records and pa.
pers required to be kept and hled
and make a report on or be-
fore the thirty-first day of December
in each year to the governor; includ-
ing detailed statement of all the eN-
De enditMreS for military purposeS dur-