Kingsbury County independent. (DeSmet, Kingsbury County, S.D.) 1894-1929, 1910-10-21
In addition to such drills ana pa

meet for parade, drill or instruction
at any such times and places as ne
Each troop, battery or company not
especially excused by the governor,
viii 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
GERS in Aid of Civil Authorities In
case of any breach of the peace u-
multi, rAet or resistance TO the process
of this state, or imminent danger
thereof, a Justice of the supreme court
or the circuit or county court, or muni-
cipal judge of a city, or sheriff OF q
county, or mayo Of a city may cal al
of the organization of the National
Guard stationed therein or adjacent
thereto; provided, that such call must
prevail OF the governor. The, com
handing officer upon whom the call
is made shall order out in aid OF the
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 1t appear
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
the resistance to the process of this
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 purpose Of suppressing an un-
lawful OF riotous assembly it must
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
specific object to be accomplished and
the duration of service for such troops,
but the tactical direction of the
to 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
s A. In Case of Insurrection or In
vasion.l In case of Instruction or
invasion or imminent danger thereof
within the limits of any command, the
command, with the approval of the
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
circumstances 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
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-
BILE & and discretion, or by sending
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.
Srpnl NyD rn n q n u he O.iUhn no n "
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-
turns OF warning shall be verified by
hrs oath, wh'ch may be dministere
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-
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
noncommtSCioned officer, and also to
or neglect to, perform such military
duty as may be required.
s 46. Excuse from Duty,1 The of
ficer ordering any military duty shall
li V Z LAC ~ u ~ nSbSS "iAS AN
or enlisted man for absence therefrom
upon good and sufficient grounds.
s Al. Discipline and Exercise 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.
s 4$: Military, .courts.I The mill
tary courts of this state shall be:
i. General courtsmartial.
q. Garrison courtsmartiaL
3. The summary court.
4. Courts of inquiry.
two kinds: Cd For officers, CD for en-
The constitution and Jurisdiction of
courtsmartial, the form and manner
in which the proceedings os military
courts shall be conducted and record
ed, and the forms of oaths and affir-
of military law by such courts, the
limits and punishments and the pro-
ceedings in revision shall be govern
ed by the articles of war and the laws
the United States.
AZ. indemnity FOR Action or Mill
tary Court.l No action or proceeding
against a member OF a military court
or officer or person acting under his
authority or reviewing its proceedings
on dCCouHl OF the dppioFdl VI IhipOSi-
tion or execution of any SENTENCE, or
the 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
GUST such court or board of jurisdic-
tion in any action or proceedings.
81. Organization All organiZa-
tons of the National Guard 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
this act; ard each organization shall
keep such property in roper repair
and in good condition.
81. Commissioned Officers Uni
form.1 Every commissioned of1cer
shall provide himself with arms, uni
forms. and equipments prescribed and
approved by the governor. r.,ms,
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.1 Regiments,
battaiious and s~quadrons not part Of
the governor, adopt q dress uniform
OF their own n at their own ex-
SIS. Responsibility fol Public
PROPERTY Every officer and enlisted
man to whom public property of the