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THE ADVOCATE AND IffiWS.
4 MAHCIl 8, f LAW RE-ORGANIZING THG KANSAS NATIONAL GUARD. (Published in the Advocate and News, offi cial State paper, March 8, 1809.) Substitute for Senate Bill No. n6. AN ACT relating to the milJtla of the State or Kansas, and to arnenu paragraims 37(14, 3705, 3700, 3768, 3774 and 3788 or the General Statute of 1SX9, and to repeal paragraphs 3704, 3705. 3706, 3707, 3708, 3709, 3774, 3779, 3788 and 3794 of ald General Statutes of 1889. He It enacted by the Legislature of the State of Kansas: Setion 1. That paragraph 37C4 of the Gen eral Statutes of 18&9 be and the same Is hereby amended to read as follows: Para graph 3704. The Governor of tho State shall be the commander-in-chief of the militia, and shall appoint, by and with the consent of the Senate, one adjutant general, who shall be chief of start, one quartermaster general, one paymaster-general and one Judge advocate general, each with the rank of colonel; three aides-de-camp, each with the rank of lieutenant-colonel, and one as sistant adjutant general with the rank of major. The Judge advocate general shall be an attorney at law admitted to practice In the Supreme Court of the State and of at least live years practice In this State. The term of office of the above named officers shall be during the term of the Governor' ap pointing them or during his pleasure, and until their successors are appointed and qualified. The Governor shall have power to till any vacancy which may occur until the meeting of the Senate. The governor shall appoint one Inspector general, who may be an officer of the army of the United States on duty with the National Guard of the btate, or some competent officer of the guard. The governor shall also appoint, by and with the consent of the Senate, one brigadier general, who shall have served at least three years as a commissioned officer In the Kansas National Guard, and who shall appoint as his personal staff, subject to the approval of the Governor, one assist ant adjutant general, one assistant Quarter master, one assistant commissary of sub sistence, one officer of engineers, each with the rank of captain, and two aides-de-camp each with tho rank of first lieutenant. The State shall constitute one brigade dis trict, under the command of the brigadier general, and shall be divided by the military oard into regimental districts, with power to alter and change the same at pleasure. The commissions of all officers named lu this act, and of all officers In the militia of the State, shall be signed by the Gover nor and the Secretary of State, and attested by the adjutant general, under the seal of the State. Section 2. That paragraph 37C5 of the Gen eral Statutes of 1889 do and the same Is hereby amended to read as follows: Para graph 3705. Enlistments In the Kansas Na tional Guard shall be for the term of four years, and the commissions of all officers therein shall be for the term of four years, except as otherwise provided herein, unless terminated by accepted resignation or the dismissal of an officer for cause after due trial and conviction. Commissions of of ficers on the personal staff of the brlgado and regimental commanders shall continue In force only during the four years term of said brigade or regimental commander respectively, or during his pleasure. Each and every person before he shall be mus tered into the National Guard of the State shall be required to pass a physical exami nation as to his fitness for military service. Such examination to be conducted by a commissioned officer of the company and a regular practicing surgeon, and a certifi cate of the result of such examination signed by the surgeon and officer, shall be filed with each respective enlistment paper forwarded to the adjutant general. The proper blanks for such examination shall be provided under the direction of the mili tary board. Members of the National Guard who are unable on account of permanent physical disability to perform the duties of a soldier, shall be discharged from the military service of the State. Commis sioned officers who have reached the age of sixty-two years, those who are permanently disabled, and those who have, served hon orably In the Kansas National Guard as commissioned officers for six years and shall make application for the same, shall be placed on the retired list. All mem bers of the Kansas National Guard shall be exempt from road labor or poll tax during their term of service, and the certificate of a commissioned officer shall be sufficient evidence of membership and such exemp tion. Each commissioned officer before entering upon the duties of his office and each enlisted man shall be required to take and subscribe to the following oath: ."I do solemnly swear that I will support, protect and defend the Con stitution and Government of the United States, and the Constitution and Govern ment of the State of Kansas against all enemies, whether domestic or foreign, and that I will bear true faith and loyalty to the same; and further that I do this with a full determination and pledge to perform in good faith all the duties which may be le gally required of me, without any reserva tion or evasion; and that I will observe and obey the orders of the President of the United States and of the Governor, and the orders of the officers appointed over me according to law and the Rules and Articles of War. So help me God." Section 3. That paragraph 3766 of the Gen eral Statutes of 18S9 te and the same Is hereby amended to read as follows: Para graph 3704. In time of peace the Kansas National Guard shall consist of not more than twenty-four companies of Infantry, two batteries of light artillery, and for each regiment of infantry there may be one band, one hospital corps and one signal corps. Infantry companies and batteries shall consist of not less than forty nor more than eighty en listed men, hospital and signal corps of not less than eight nor more than sixteen enlisted men regimental bands of not less than sixteen nor more than twenty-four enlisted men. There may be attached to each regiment of Infantry, one artillery squad consisting of fifteen enlisted men to operate a magazine or rapid fire sun. The commissioned and non-commissioned of ficers of said regiments, battalions, compa nies, batteries, hospital ana signal corps, and bands shall conform to those of simi lar organizations in the army of the United Slates, Including a battalion adjutant In liii.amrjr wiiii mc i unit mini, uruuauu and a battalion sergeant major. The field officers of eacn regiment shall be elected by the commissioned officers of the corn pa nles of each respective regiment; the com nanv officers by the members of each re spective company, under the rules and reg- u'atlons governing tne nansae rxauonai Guard. Section 4. That section 3708 of the Gen eral Statutes of 1889 be and the Bame Is hereby amended to read as follows; Para graph 3708 There shall be a military board, consisting or tne brigadier general, wno shall be president, the adjutant general, who shall be recorder, and the Judge ad vocate general.' There may be two addi tional members appointed at the discretion of the Governor, who may be officers in active comman.i or regiments or tne na tional Guard. The military board shall constitute an advisory body to the com mander-in-chief on all military matters appertaining to the State, and it shall audit and pass upon all claims of a military char acter against tne mate, ana no contract, or account of a military character against the State shall be valid or be paid un til approved by said board; and said board Is hereby authorized and empowered to nrenare and promulgate the necessary rules, provisions and regulations for the organiza tion government ana compensation oi ma Kansas National Guard, and said rules, nrovlslons and regulations, together with Buch amendments and changes as may be required and made from time to time, when approved by the commander-in-chief, shall be In force from the date of their pub lication In general orders. They shall have power to make such changes In the military organization of the State as they deem for the best Interest of the service, or to con form said organization to the laws of the TTnitpil states and the organization of the army thereof; Provided, that said changes shall not conflict with the laws of the State, and the expenses thereof to the State shall not tie increased Dy sucn cnanges Deyonu the annual appropriation for the National Guard. . . Section 5. That paragraph 3774 or the Gen eral Statutes of 1889 be amended to read as follows: Paragraph 3774. When any company, battery or corps shall be fully or ganized under tne military law or mis State, having not less than the minimum number of uniformed members, the State shall pay annually, In quarterly payments, to said company or battery the sum of two hundred dollars, or so much thereof as may be necessary, for the use or a building or rooms to be occunled as an armory by said company or battery, and not exceeding the sum of one hundred dollars to each band, and not exceeding the sum of fifty dollars to each regimental or brigade headquarters, or each hospital or signal corps, or so much thereor as the military noara may aeem best. The military board shall prescribe the necessary rules and regulations for the government and care of the companies ar mories. Section 6. That paragraph 3788 of the Gen eral Statutes of 1889 be and the same is hereby amended to read as follows: Pra graph 3788. It shall be the duty of the Gov ernor, and he Is hereby authorized and re quired In case of war, Invasion, Insurrec tion, or breaches of the peace or Imminent danger thereof, or any forcible obstruction to the execution of the laws or reasonable apprehension thereof, to call upon the Na tional Guard to defend the State or aid the civil authorities to enforce the laws thereof, and when the President of the United States shall make a call or requisi tion for troops, the Governor shall first or der into the service thereof, the organiza tions of the Kansas National Guard and the officers thereof, and in such organizations and arms of service as specified In said requisition and their respective officers, and he la empowered and shall direct the re spective officers thereof to recruit said orga nizations to conform In number to similar organizations In the army of the United States, or as may be required In said requi sition. Should the National Guard of the State when so recruited be insufficient to fill requirements of said requisitions of the President, or when additional troops are needed for service within the State, the Governor may call for volunteers from the reserve militia of the State, and provide for their examination and mobilization, and form the same into additional companies, battalions and regiments as may be re quired, and appoint and commission officers therefor. And said troops when called for by the President of the United States and ordered Into the service thereof, shall serve within or without the State as he may di rect and during the time specified in said call or requisition. And where volunteers are called into the service of the Slate only they shall be subject to the same discipline and penalties and receive the same pay as the regular National Guard of the State, and such temporary volunteers shall be discharged when directed by the commander-in-chief, or as soon as the emergency for which they were required has passed. Section 7. That paragraphs 3704. 3705, 3706, 3707. 3708. 3769, 3774, 3779, 3788, and 3794, of the General Statutes of 1889 be and the same are hereby repealed. Section 8. This act shall take effect and be In force from and after its publication in the official State paper. I hereby certify that the above bill orig inated In the Senate, and passed that body February 28th, 1899. II. E. RICHTER. President of the Senate. J. W. MORPHY. Secretary of the Senate. Passed the House February 28th, 1899. 8. J. OSBORN. Speaker of the House. CHAS. E. LOBDELL. Chief Clerk of the House. Approved March 2d, 1S99. W. E. STANLEY. Governor. STATE OF KANSAS. Office of Secretary of State. I, Geo. A, Clark, Secretary of State of the State of Kansas, do hereby certify that the above and foregoing Is a correct copy of the original enrolled bill now on Hie In my office. In testimony whereof, I have hereunto subscribed my name and affixed my official seal, this 4th day of March, 1899. Seal.) GEO. A. CLARK, Secretary of State. By HILL P. WILSON. Assistant Secretary of State. (Published In the Advocate and News, offi cial State paper, March 8, 1899.) Senate Bill No. 161. AN ACT creating one city court in Atchison city township, Atchison County, . Kansas, and defining the Jurisdiction thereof, and the powers and duties of the officers thereof, and limiting the Jurisdiction thereof, and the Jurisdiction of the Justices of the peace of said Atchison city township and creating a Judge and a mar shal of said court, and defining' their du ties, and providing for the appointment and the election of the Judge and the mar shal of said court, and providing for their salaries and payment thereof. Be it enacted by the Legislature of the State of Kansas: Section 1. In Atchison City Township, Atchison, County, Kansas, is hereby cre ated and established a court to be called "The City Court of Atchison," said court shall have one presiding Judge, whose style or office shall be "Judge of the City Court," and said court shall have one marshel. whose style of office shall be "Marshal of the City Court." Section 2. The court hereby established shall under the limitations and restric tions herein provided have original Juris diction or civil actions ror the recovery of money only, and to try and determine the same where the amount claimed does not exceed three hundred dollars, and the court hereby established shall have Jurisdiction of actions for the recovery of specific per sonal property not exceeding three hundred dollars In. value, as hereinafter provided. In all other respects the said court hereby established shall have the same jurisdic tion, civil and criminal, as Justices of the peace now have In this State, and for the purpose of the Jurisdiction hereby conferred ana of Its proper ana necessary exercise, all the laws of this State relating to the powers, duties and Jurisdiction of Justices or the peace, and practice, pleadings and proceedings In Justice courts which are not In conflict with the provisions or this act, shall apply to said city court and the Judge thereor, and to tne moae or practice therein, and to the power thereof, original, mesne and final, so far as the same may be applicable, provided, that after this act shall take effect Justices of the peace In said Atchison City Township shall have no Jurisdiction of any case, civil or criminal, except in civil actions for the recovery of monev onlv where the amount claimed, ex clusive of costs, does not exceed the sum of one dollar; but this act shall not apply to any suit or proceedings pending before said Justice of the peace at tne time tnis act takes effect, nor to the enforcement of Judgments theretofore rendered by them. Sect on 3. All writs and processes or every kind In cases brought or pending In said city court shall be Issued by the Judge thereof, in the same manner as such writs and processes are issued by Justices of the peace. Section 4. The Governor shall appoint and commission a Judge and a marshal for said court hereby created, whose term of office, respectively, shall commence with the date of their commission and who shall hold their office for two years and until their suc cessors are elected and qualified as herein after provided. Section 5. Said Judge and Marshal at the time of their anDointment or election be qualified voters or the City of Atchison and shall reside therein during their term of of fice and the Judge of said Court shall he a lawyer regularly admitted to practice law in the District Courts of Kansas. Section 6. All writs and processes Issued by the Judge of said Court shall be directed to the Marshal or said court or to tne ner Iff or said County or when proper to the Sheriff of adjoining Counties in said State, and shall, be executed and returned by such officer in the same man ner In all respects as now pro vided by law In relation to writs and proc esses Issued by the Clerk or tne uistnct rn.,f orwl nrhan (doiiu tn tha ShorHY ha shall be allowed such fees for his services as are now allowed by law to constables or this State for like services, to be paid by the Marshal or said Court out or his salary. Provided, that In no case shall process is sue to any County other than Atchison and adjoining Counties. Section 7. The Judge of said Court shall receive oav for his services a salary of One Thousand Dollars per year, and said Mar shal of said Court shall receive pay ror nis services a salary of Six Hundred Dollars per Year. Such salaries shall be paid by Atchison County in the same manner as the1 County officers are paid. Section 8. The Judge of said Court shall record the proceedings of said Court, make out all writs, processes and other papers necessary to be signed or Issued by Bald Judge, administer oaths required in Judi cial and other proceedings before such Court, or the Judge thereof, file all papers In cases pending in said Court, docket cases, and set the same for trial, and he shall per form such other clerical duties in relation to the proceedings in said Court as may be directed by law. Section 9. Said Court Bhall keep a civil and criminal docket which shall be fur nished bv said Atchison County. In which docket must be entered by the Judge every cause brought or pending in said Court and all the proceedings hadordone therein, in the same manner in all respects as is provided Dy law relating to the docket or justices or the Peace, and said Atchison County Bhall Jur nlsh all necessary and proper stationery ror the use or said Court Sect on 10. The County Commissioners or said Atchison County shall provide suitable rooms ror holding said court in said City and provide for suitable furniture, fuel and lights and all other necessary incidental expenses for said Court Section 1L In any civil case brought In said Court a change of venue may be taken to the District Court or Atchison county. Kansas, upon the application of either party In the same manner as Is provided by law for taking changes or venue from District Courts of this State. Section 12. Anneals may be taken from said Court to the District Court of Atchison County, Kansas, in the same manner and to the same extent as provided by law for ap peals In cases before Justices of the Peace. section is. in case or tne apsence, bick ness or disability of the Judge of said Court such Judge may appoint a Judge pro tern of said Court who shall hold Court for him and hear and determine any matter pending therein to the same extent that such absent of disabled Judge might do If personally present, and such Judge pro tem shall fill BUY THU BEST. If you want the best low-down wagon you should buy the Electric Handy Wagon. It Is the best because it Is made of the best mate rial; the best broad-tired Electric Wheels; best seasoned white hickory axles; all other wood parts of the best seasoned white oak. the front and rear hounds are made from the JUL $M& ELECTRIC taut ancle tei. which is neater, stronger and in every way better than wood Well painted In red and varnished. Extra length of reach and extra long standards supplied without ad ditional cost when requested. This wagon Is guaranteed to carry 4.000 pounds anywhere. Write the Electric wheel Co., Box 47. Qulncy, III., for their new catalogue, which fully de scribes tbis wagon, their famous Electric Wheels and Electric Feed Cookers. such position until the Judge of said Court can be personally present Section 14. Neither said Judge or Marshal shall draw any pleadings in their said Court, nor act as attorney for any person in any such case. Section 15. The Judge and Marshal of said Court shall before entering upon the dis charge or their duties take and subscribe an oath to support the Constitution or the United States and or the State or Kansas, and to faithfully discharge the duties or their respective offices. Such oaths Bhall be administered by the Clerk of the District Court of said Atchison County, Kansas. Section 16. In all civil actions brought In said Court before summons or other process shall be Issued therein a deposit or Three Dollars shall be made by the plaintiff with the Judge of said Court as security for costs In such case. The Judge of said Court may In any case require such additional security as he may deem sufficient to cover all costs therein; provided, that in cases where the plaintiff, being a resident of said Atchison County, and having a Just cause of action against the defendant, is unable by reason of his or her poverty to give such security, on affidavit made before said Judge that such is the fact no deposit or security for costs shall be required. In all actions in which security for costs has been given or a deposit been made the defendant may upon reasonable notice given to plaintiff at any time before final Judgment therein, move the Court for an additional deposit or seurlty for costs, and If on hearing said mo tion, the Court be satisfied that such secur ity or deposit for costs Is not sufficient, it may require additional deposit or security for costs to be given by the plaintiff within a reasonable time to be fixed by the Court, and if not given as required the action may be dismissed. All costs advanced or paid by the plaintiff shall be returned to him when the same are collected rrom the defendant In the action. - Section 17. Said Atchison County shall not be liable for any costs in criminal cases in said Court, except the fees or Jurors and or witnesses ror the State. Section 18. In all causes, civil or criminal, brought In said Court, there shall be taxed . therein the same fees as are allowed by law In such cases before Justices of the Peace In this State, and when the same are col lected they shall be paid by the Judge of said Court on the first Monday In each month to the County Treasurer of Atchison County, Kansas, and all such costs and fees shall be collected as Is provided by, law for the collection of costs in Justice Courts of this State, and said County Treasurer shall credit the same to the County funds, and give duplicate receipts for the same, one of which shall on the same day be de posited with the County Clerk by the Judge of said Court, together with a detailed statement of the Items of costs, the title of the case in which they were paid and the name of the parties paying tho same, pro viding that no fees of witnesses, Jurors.or of the County Attorney shall be so deposited, but shall be paid by the Judge of said Court to the parties to whom they are due. Sestlon 19. All money paid into said Court Bhall be paid to the Judge thereof, who shall pav the same to the party entitled thereto, except' as provided in the next preceding section hereof. Section 20. The Judge of said Court shall give bond in the sum of Two Thousand Dol lars to the State of Kansas, to be condi tioned, approved and deposited in the same manner as bonds of a Justice of the Peace of this State. Section 2L The Marshal of said Court shall give bond In the sum of One Thousand Dollars to the State of Kansas, conditioned as now required by law for Constables, and to be approved and deposited In the same manner as bonds of Constables in this State. Section 22. The terms of office of the Judge and Marshal of said Court shall be for two years and until their successors are duly elected and qualified, and the first election of such Judge and Marshal shall be held at the election of City officers of said City In the year 1899. Section 23. All the vacancies In the office of Judge or Marshal of Bald Court shall be filled by appointment of the Governor until the next election for City officers occurring more than thirty days after such appoint ment. Section 24. This act shall take effect and be In force from and after Its publication In the official paper of the State of Kansas. I hereby certify that the above bill orig inated in the Senate, and passed that body February 15. 1899. H. E. RICHTER, President of the Senate. J. W. MORPHY, Secretary of the Senate. Passed the House February 24, 1899. . S. J. OSBORN. Speaker of the House. CHAS. E. LOBDELL, Chief Clerk of the House. Approved February 27, 1899. W. E. STANLEY. Governor. STATE OF KANSAS. Office of Secretary of State. I, Geo. A. Clark, Secretary of State of the State of Kansas, do hereby certify that the above and foregoing is a correct copy of the original enrolled bill now on file In my office. In testimony whereof, I have hereunto