Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1910-11-03

In addition to such drills and pa
rades the commanding ofiicer of any
organization may require the omcers
and enlisted men of his command to
meet for parade, drill or instruction
at any such times and places as he
may appoint.
especially excused by the governor,
will be required to participate for at
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, 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 city, or sheriff of a
county. or mayor OF a city, may call
for ts sd af of shs
Guard stationed therein or adjacent
thereto; provided, that such call must
be in writing and subject to the ap-
prevail Of the governor. The COM
manding officer upon whom the call
is made shall order out in aid Of the
civil authorities the military force or
and shall Immediately report what he
has done and all circumstances of the
case to the governor, and IL 1t appear
be not suficient to enable the sheriff
to preserve the peace and protect the
lives and property of the peaceful res
the resistance to the process of this
state, the governor must on applica-
tion 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 purpose of suppressing an un-
lawful or riotous assembly 1T must
follow the orders in relation thereto
of the civil officers calling il out and
render the required aid; but such or
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 an and extent OF iorGe
to be employed to accomplish the OBJ
ject specified by the civil officer shall
be left solely to the officer in COM
a. In Case of Insurrection or In
vasion.l In case of insurrection or
invasion or imminent danger thereof
senior commanding officer of such
command with the approval of the
governor, shall order out for the de-
Tense OF the state the forces under
Immediately report his action and the
circumstances of the case to the gov
ernor and his immediate commanding
as Warning for Dutyl. Orders
for duty may be oral or written. OFF,
GERS and enlisted men may be warned
Either by stating the substance of
the order or reading the order to the
person warned, OF by delivering copy
of such order to such person, or by
last known place of abode or business
of such person with someone of suita-
Bile age and discretion, or by sending
copy of such order, or notice COZ
tanning the substance thereof, to such
person by mail. directed to him at his
last known place of abode or business,
Such warning may be given by any
officer or noncommissioned officer The
officer or ssioned 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
delinquent of the facts stated there
In as IL 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
and neglect of duty of his officer and
every enlisted man who shall refuse
or neglect to perform such military
duty as may be required.
46 Excuse from Duty1 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
At. Discipline and Exercised 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 NJ -,
tary courts of this state shall be-:
i. General courtSmartial.
2. Garrison courtsmartial
3. The summary court.
4. Courts of inquiry.
5. Delinquent courts, which are of
two kinds; t1) For officers. CD for en-
listed men.
The constitution and Jurisdiction of
courtsmartial, the form and manner
in which the proceedings of military
courts shall be conducted and record
ed, and the forms of oaths and affir-
nations taken in the administration
of military law by such courts, the
limits and punishments and the pro-
ed by the articles of war and the laws
and procedure of the courtsmartial OF
the United states.
tary Court No action or proceeding
shall be prosecuted or maintained
against a member of a military court
or officer or person acting under his
authority or reviewing its proceedings
on account of the approval or imposi-
ton or execution of any sentence, or
the imposition or collection of fine
or penalty or the execution of any
warrants. writ, execution, process or
mandate of 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
shah rest on any person seeking to
ton in any action or proceedings.
81. Organization.l 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 and
be necessary for the proper perform
ance of the duty required of them by
this act: ana each Organization shall
keep such, property in proper repair
and In good condition.
forml Every commissioned oficer
shall provide himself with arms, uni
forms, and equipments prescribed and
approved by the governor.
s.. Enlisted Men Uniformsl.
service of the state for three years
shall be furnished by the state with q
uniform corresponding in make and
general appearance to the uniform OF
the United States army.
I So. Dress Uniforms.1 Regiments.
battalions and squadrons not part of
regiments may. with the consent OF
the governor, adopt dress uniform
of their own and at their own ex-
IS. Responsibility for Public
Property.l Every officer and enlisted
man to whom public property of the