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PHILIP WEEKLY REVIEW By J. D. Rainey PHILIP, SOUTH DAKOTA NOTICE OF ELECTION Notice Is hereby given that on the first Tuesday after the first Monday in November, being the eighth day of November next, 1910, at the several voting precincts in Stanley county, South Dakota, a general election will be held lor congressmen, state, county, Judicial and district officers and for the purpose of voting upon the various amendments to the state constitution county division and laws under the referendum act, as follows: Two members of the national house of representatives. One governor. i One lieutenant governor. One secretary of state. One state treasurer. One state auditor. One attorney general. One superintendent of public Hi* struction. One commissioner of school and public lands. One railroad commissioner. One justice of the supreme court, fourth district. One justice of the supreme court, sixth district. One judge of the circuit court, fifth judicial district. One state senator for the twenty fifth district. One member of the house of repre sent.-i tives for the twenty-seventh district. one county judge. One county auditor. One register of deeds. One sheriff. One county treasurer. One state's attorney. One clerk of circuit and coantjr courts. One superintendent of schools. One county surveyor. One county coroner. Four justices of the peace. Kour constables. One county commissioner, first dist rict. The polls of said election w!1l be opened at eight o'clock in the morn ing and will continue open until five o'clock in the afternoon of the same day. County Auditor, Stanley County, South Dakota. I, SAMUEL C. POLLEY, secretary of state of the state of South Dakota, do hereby certify that petitions invoking the referendum, under article 3, of Chapter 2, of the Revised Political Code of South Dakota, have been tiled In this office wherein the petitioners ask that Chapters 27, 107, 211, 223 and 52 of the Session Laws of 1909, passed by the legislature of the state of South Da kota during the session of 1909, and ap proved by the governor of this state, be submitted to the electors of the state of South Dakota at the next general election to be held on the 8th day of November, A. D. 1910. 1 further certlfv that the same legis lature proposed a measure known as Chapter 30, of the Session Laws of 1909 pursuant to the requirements of -'aid article 3, of Chapter 2, of the Revised Political Code of the state of South Da kota. That all of said acts and said meas ure. shall be placed upon a separate ballot to be voted upon at the general election to be held in the state of South Dakota, on said 8th day of November, A. I). 1910, In the manner provided by law. I further certify that the following Is a true and correct copy of such meas ure and laws as the same appear on Hie in my office, viz: CHAPTER 30. (S. B. 12«.) •n Act Providing that #PgMllt«ed I Counties in This State May Deter- I mine by Ballot Whether the Sale ro I 1. Tliat the following act be and the same is hereby enacted and sub- •, jnitted to the electors of this state at the next general election for their ap proval: I "An Act Providing that Organized Counties in this State May Deter mine by Ballot Whether the Sale of fVrmeiited pirituous. Vinous. Malt, Brewed, or Other Intoxicating Liquors Shall be Permitted Within Their Respective Limits." Be It Knacted by the Peoplo of South Dakota: tiort 1. At any regular general other Intoxicating liquors be permit ted in (naming the county) coun ty?" and also that the signers of said fy, etition are legal voters of the coun together with their occupation and postoffice addresses. It shall be the duty of the county commissioners of BEEF PIE A L'lTALIENNE Elaborate and Tempting Recipe for Making This Palatable and Widely i Popular Dish. One pound of cooked beef, six jounces of boiled macaroni, one pound lof peeled tomatoes, one tablespoonful jof chopped parsley, one chopped shal !lot, one tablpppoonful of butter, one cupful of stock, the county wherein such petition has been filed to determine the sufficiency' of such petition and if found sufficient to order a vote to be taken upon much (question at the next general election. jNotice of such vote shall be given in, the same manner and form as notice I of general elections as now provided I by law. The question shall be sub mitted upon a separate ballot con forming with the general election ilaws of the state, upon which shall be printed the words, "Shall the sale of spirituous, vinous, malt, brewed, fer Imentcd or other Intoxicating liquors be permitted in (naming the i county) county?" before which words shall be printed the words "Yes" and I "No" and at the left of each of said words shall be printed a circle and any voter in favor of permitting said sale shall mark a cross (X) in the oircle at the? left of the word "Tea," and any voter opposed to permitting said sale shall mark a cross X) in the oircle at the left of the word "No." Said election shall be conducted In the Name manner and form as near as may be applicable, as now provided hv law for the submission of said question to the electors of a township, town or city and under the general election laws of the state, except as* herein otherwise provided. If a ma jority of the vet«rs of such county ishall vote in favor of permitting such, isale of said liquors within such coun ty. then and in that case nothing In this act shall be so construed as to pre vent said question of selling intoxi cating liquors from being submitted, to tho electors of any township, towii or city at the annual municipal elec tion thereof as new provided by law, for the next ensuing two years, and annual permits for such sale may bei granted in those townships, towns andi cities that shall i-est a majority vote In favor thereof at their regular an nual municipal elections as now pro vided by law. Hut It shall not be law ful to grant such permits in any other township, town or city in such coun ty, nor shall any such permits be granted after the expiration of two years unless at the next general elec tion. a vote shall have been had in ac cordance with the provisions of this act. and a majority of the voters of such county shall have voted in favor I u ing places in the several voting pre- i ^e determined and a special election cincts ni btanley county. South Dakota. ordered and said election shall be con Dated at Kort Pierre, South Dakota, this 3rd day of October, liilO. (Seal) —C. M. PRICE rMkota, election held in this state, as provided I receiver or lessee thereof operating In Section 1861 of the Revised Politi cal Code of 1903, the question of whether the sale of spirituous, vinouj, malt, brewed, fermented or other in toxicating liquors shall be permitted at any place within the corporate lim its of any organized county in this state, may be submitted to the legal voters thereof upon a petition sign id by not less than ten per cent, of tho qualified electors of such county. Said petition shall be filed with the county auditor at least sixty days be fore the election and shall state that unty vote is desired upon the one tablespoonful of jflour, one tablespoonful of oWrcester i shire sauce, salt and pepper. The 'macaroni must be boiled till quite ten der in boiling salted water, having been broken in inch lengths before .being put into the water. Melt the butter in a saucepan, put in the chop per shallot and flour, and brown them carefully. Add the stock, and stir un 'til boiling, then add the Worcester shire sauce and seasoning. Slice the jmeat thinly. Butter a casserole, put |ln a layer of macaroni, then one of meat sprinkle over a little parsley, afcd continue these layers till the dish Is full. Let the last layer be of maca jronl, as this protects the meat from jtfln great heat. Pour in enough of ithe sauce to about half fill the diah. Halve and lay the tomatoes all over 'the top of the pie, and place a piece jof butter on the top of this half. Bake jthe pie till It Is very hot and the toma toes soft, and serve at once. A Good Cleanser »mixture for removing dtrt from the hands quickly, also for whitening and softening the akin, la made from melted castile soap and oatmeal mixed with a little water. few drop* of perfume mfty be added If the odor «f rntmml to miylea—f 1 of permitting such sale, but if a ma jority of said voters shall vote against permitting such snle, no such permits) hall he granted anywhere within saidj .. inty from and after the first day July next following such election. Provided, that at any time before the general election to be held In the year 1912 said question of permitting the sale of said liquors shall be sub mltted to the electors of any county of the state, at a special election call i ed for that purpose, when a petition signed by at least twenty per cent, of ..... the qualified electors of said county Tho places of holding of the said »haii be filed with the countv auditor, general election will be the usual vot- sufficiency of said petition shall ducted in manner ajid form as near as, may be as the same is hereinbefore provided for the submission of said question to the electors of any county at any general election. I 2. In determining whether such petition asking for a county vole on' the question of permitting the sale of spirituous, vinous, malt, brewed, fer mented or other intoxicating liquors In any county, contains tho requisite' percentage of legal voters as signers, said percentage shall be based upon' the total vote for governor at the last preceding general election. I 3. Any person or persona whoj shall engage in the business of sell ing any of said liquors In any town ship, town or city in any county with out a permit, as hereinbefore provided and contrary to the provisions of this a-t. shall he guilty of a misdemeanor, and upon conviction shall be punished, a a now provided by section 2838 of thai Revised Political Code of 1903. Approved February 17, 1909. "Shall the above of tl is state?" NO CHAPTER 27 (S. B. 35.) An Act Requiring All Railway Cor- Sorations 1 of Spirituous, Vinous, Malt, Brew ed. Fermented or Other Intoxicat lng Liquors Shall Be Permitted i Within Their Respective Limits. Whereas, Under the provisions of Section 1 of Article 3 of the Constltu- I tlon. and Article 3 of Chapter 2 of the Political Code, a petition lias been filed In the oflice of the secretary of state. signed by more than tlve per centum of 111e qualified electors of the state in the mannei- and form therein directed, petitioning that the following pro- osed law be enacted and submitted a vote of the electors of the state lit the next general election to he held in tlie year 1910. Certified copies of said petition having been trasmitted to lie senate and the house of repre sentatives by the secretary of state. Be It Enacted by tlie Legislature of the Stale of South Dakota: road or Receivers or Lessee perating a Line of Railway in tha State of South Dakota to Equip itn Locomotive I-2ngir.es Used for tho Passenger Trains With Electric or other Headlights Of Not Less Than Fifteen Hundred Candle Power Without the Aid of a Reflector anil Giving the Railroad Commissioners Power to Order Headlights of Such Candle Power as They May Deem Necessary on All Other Locomotive Engines, and Providing a Penalty for the Violation of This Act. Be It Enacted by the Legislature Of the State of South Dakota: 1. It shall be the duty of every railroad corporation or receivers or lessee thereof operating a line of rail in this state, within four months after the passage of this act to equip all locomotive engines used in the transportation of passenger trains over said railroad with elect rio headlights of not less than fif teen hundred candle power, meas ured without the aid .of a re flector. or with other headlights of not less than fifteen hundred candle power, measured without the aid of a reflector. 2. The railroad commissioners of the state of South na^--#ta are hereby authorized and it shall be their duty to order headirglits of -such candle power as they may deem necessary on all locomotive engines used in the transportation of trains other than assenger trains in the state of South giving railroad companies a reasonable time In which to comply with the order provided, that such time shall not exceed nine months af ter such order is made. 3. Any railroad company or the. any line of railroad in the state of South Dakota which shall violate the. provisions of this Act or shall refuse to comply with the order of railroad commissioners as provided for in sec tion two of this Act, shall be liable to the stwte of South Dakota for a penal ty of not less than one hundred dol lars, nor more than one thousand dol lars, for each offense, and such penal ties shall be recovered and suit brought in the name of the state of South Dakota in a court of proper jur isdiction by the attorney general or the state's attorney of any county In question: "Shall the sale of spirituous, or through which such line of railway vinous, malt, brewed, fermented or K may be operated. Approved February 18, 1909, "Shall the above law of this state?" TBS. NO baeama law CHAPTER 107. (II. B. 130.) An Act to Amend Section 1804 of the Revised Political Code, Relating to Removals from Office and Providing for Suspensions from Office Pending Proceedings for Removal. Be It Knacted by the legislature of The State of South Dakota: I 1. That Section 1804 of the Polit ical Code of the state of South Dako ta be and the same is hereby amended to read as follows: Section 1804. All constitutional offi cers of state not to im- rownship,thisandmunicipal,liable eachment all elective county, city, and precinct oilicers, except members of the legis lature, may be removed from office by the irovernor, after notice and hear ing lor misconduct or malfeasance or crime or misdemeanor in office or for drunkenness er gross incompetency or habitual or wilful neglect of duty. i 2. At any time after the com mencement of proceedings for the re moval of an officer from office, under the provisions of the foregoing sec tion, the governor may, In his discre tion, suspend such officer from the functions of his office until the mat ter is disposed of, and if such sus pens* tempi ment. spi pens'on takes place the governor shall temporarily fill the oftlce by appolnt- I S. All acts and parts of acts In conflict with the provisions of this act are hereby repealed, except that noth ing in this act shall be construed to rive the circuit court of such pow ers as it may have fer the removal of officers from office under the provis iens ©f Sections 1806, 1807, 1808, 1809 of the Revised Political Code of 1903. Approved February 21, 1901. "Shall the above law become a law of this state?" rm no A- i* V f "CttAWPlCtt'ill. S. B. 2«7.) Aw Act tf Kegulate the Tran.orta tien of Dead Bodies, end to Pravlde for Examinatioa and License of Em balmers. B« It Enacted by the Legislature el v rn MM ftoitfc »akem*^ I 1. It shall be unlawful for any person to embalm or otherwise pre pare for transportation by railway or other'public conveyance, the dead body of any human being, or to embalm or otherwise prepare any such body, or practice, or publicly profess to prac tice the art of embalming without first obtaining, from the state board of health, a license authorizing him to practice embalming in this state. I 2. All applicants for license to practice embalming shall hava attained the age of twenty-onei years and shall have hart not less than two years' practical experience i ni business for himself, or two years un der a licensed embalmer In this state or in lieu thereof, shall have had ai practical experience of not less thanl one year under a licensed embalmer. and have completed the regular course of instructions in a school of embalm ing recognized as being in good stand ing by the state board of health of South Dakota in addition to all sail requirements, each applicant for an embalmer'* license shall have actually emnalmed not less than five bodies un der the supervision of a licensed em balmer. prior to the day of examina tion. He shall also demonstrate hid proficiency as an embalmer by opera tions en cadaver. Each applicant for examination sliall file with tho secre-1 tary of the state board of health not later than ten days prior to the datd of the next examination, a sworn statement of his age and other quali fications as required by this act, and a certificate of good moral character signed by three respectable citizens, ore of whom must be a licensed em balmer personally acquainted with the applicant for at least one year. All applications under this act shall bo upon blanks furnished by the stato board of health. I 3. It shall be unlawful for any railway agent, express agent, bag gage master. conductor, or oth er person acting as such, to receive the dead body of any per son for shipment or transportation by railway or other public conveyance, to or "from any point in this state oi to a point outside of this state, unlesg said body be* accompanied by a remov al or shipping permit signed by thd health officer of the local board ofl health: arid a certificate, attached ti the outside box containing such body, showing the name anil official number of the embalmer by whom it was pre pared and the method of preparation employed provided* that nothing in this act shall be so construed as to prevent the shipment of dead bodie.4 Intended for use for anatomical pur poses within this state when the aamd are so designated by the shipper. 5 All acts or parts of acts Irl conflict with this act are hereby re pealed. Approved March 5, 190S. "Shall the above law become a laW of tl)is state?" TES. NO law become a law YES. CHAPTER r.2. (H. B. 278.) An Act to Provide for the Organiza tlon. Maintenance, Kquipmeut am Regulation of the National Guar, and of the Militia of the 'State o S 3. Notice of Enrollment. Exemp tion Claims]. The officer making the enrollment shall, at the time of mak ing the same, serve a notice of such enrollment upon each person enrolled, hv delivering to him such notice or hnving it with some person of suit able age and discretion at his place of residence. All persons claiming ex emption must, within fifteen days af ter the service of sucli notice, file a written statement of such exemption, verified by affidavit, in the oflice of the county auditor. Such county aud itor shall thereupon, if such person be exempted according to law. mark the word "Exempt"' opposite his name and the remainder of all thus enroll ed. and not found to be exempt, shall constitute the militia of this state, ami such county auditor shall trans mit a eopv of such corrected roil to the adjutant general. The command ing officer of each organisation in the National Guard and the heads of the fire and police departments in each city or town shall, whenever an en rollment is ordered, file in the oflice of the county auditor of his county a certified list of the names of all per sons in his command or department. 4. Examination of Assessment Rolls and Poll Lists], The assessors in each city, village, town, township or ward In this state shall allow per sons appointed to make such enroll ment, at all proper times, to examine their assessment rolls and take copies thereof, and the auditors of all coun ties and clerks of all towns and cities shall in like manner, at all proper times, allow such persons to examine and copy the poll lists on file in their office. All persons s!.»i:, the ap plication of any person making such enrollment, give the name and all pro per information concerr. i rig any per son within their knowledge, liable to be enrolled, and any peron conceal ing or giving false information or re fusing to give information requested as above required shall be guilty of a misdemeanor, and If convicted snail be fined a sum not to exceed ten dol lars for each and every offense so committed. The officer making the enrollment shall, within ten days, re port to the adjutant general the inames of al| persons who shall fall oi neglect to five information as above required. 5. Designation and Classification of the Mi I it ,a I. The militia of this state shall be divided into two classes: The organized and the reserve militia. The organized militia shall consist of th« organized and uniformed military forces of the state, which shall be known as the National Guard of the state the reserve militia shall consist of all those liable to serve in the mil itia but not serving in the National Guard. S 6. Commander-in-Chief]. The governor of the state, by virtue of his office, shall be the comrnander-ln-chiei of the militia of the state, except ol such portions as may at times be in the service of the United States. No armed military force from an other state, territory or district shall be permitted to enter the state for the purpose of doing military duty there in without the permission of the gov ernor, unless such force is part of th« United States army or is acting undet the authority of the United States. I 7. General StafTJ. The staff ol the governor shall consist of one ad jutant general, with such other stafl officers as shall be necessary and ap pointed in the various department! under tho adjutant general. Tho ad jutant general shall have tho rank ol brigadier general. .Tho adjutaat gen eral's department slall include tke do* HrtMiw .heretofore kaewa Jgnated as quartermaster general's, insprctor general's, ordnance, and Imedlcal departments, and the adjutant Igeneral shall be chief and at the head of est of these departments. The ad jutant general shall be appointed byi [the governor from the officers of the (National Guard above the rank of cap tain. and shall serve for a period of '.two years or until his successor is ap-' pointed and qualified provided, that nothing »n this act relative to the ap pointment and term of office of the ad jutant general or any officer shall be (construed to in any way conflict With jthe laws, rules ana regulations of the .United States, relative to the appor tionment of this state of l'unds and equipment under the pro visions of Section 16S1, Revised Statutes of the United States, as amended, or other sets of congress. The various staff officers in the var ious departments or such as are ne cessary, shall be appointed by the governor and commissioned by him upon the recommendation of the adju tant general, and shall hold office dur ing his pleasure. All commissions to officers ol tne national guard shall be issued by the governor and counter signed by the adjutant general. All officers whose duties require them to account for any pro perty 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 ne uesignated by the governor or ad jutant general, such bond to be ap proved by tho adjutant general. I 8. Power of the Governor in Case of Invasion, Etc.]. The governor shall have power, in a case of insur rection, invasion, tumult. riot or breach of the peace or Imminent dan ger thereof, to order into the active 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 of the United States, the governor shall order out for service the organized militia or such part there of as may be necessary, and if the number available be insuffi cient he shall order out such part of the reserve militia as he may deem necessary. During the absence of or ganizations ot the National Guard in the service of the Uniteel States their state designations shall not be given to new organizations. 9. Drafts or Volunteers from Militia], Whenever it shall be neces sary to call out any portion of the re serve militia for active duty the gov ernor shall direct his order to tho mayor of any city or the president of any town or township board, who, up on rc-eipt of tho same, shall forthwith proceed to draft, by lot, as many of the reserve militia in his city, town or township, or accept as many volun teers. as are required by the governor, and shall forthwith forward to the governor a list of the persons SO drafted or accepted as volunteers. 10. Punishment for Failure to Ap pear]. Every member of the militia ordered out, or who volunteers or is drafted, under the provisions of this Set, and does not appear at the time ai place designated by his command ing officer, the mayor, or president of the town or township board, within twenty-four hours from such time, or who does not produce a sworn certifi cate of physical ftsability from a phy sician in good standing, to so appear, 1 South Dakota and an Act to Repeal Chapter '.'3 of the Revised Political Code of 19U3. and Chapter 1S5 of the Laws of 19eC. Relating to the Militia of the State of South Dakota. Be It Knacted by the legislature otf the State of South Dakota: 1. Militia, What Constitutes], All the able bodies male citizens of this state and every able-bodied male of foreign birth who has declared his in tention to become' a citizen, who is more than eighteen and less than for tv-tive years of age, and who are resi dents of this state, shall constitute the militia, subject to the following ex ceptions: 1. Persons exempted by the laws of the United States. 2. Persons exempted by the laws of this state. 3. The members of any regularly organized fire or police department in any city, village or town, and exempt firemen, who have served their full term in any fire company, hut no mem ber of the organized militia shall be relieved from duty because of his join ing any such fire company or depart ment. 4. Judges and clerks of courts of record, registers of deeds, sheriffs, county auditors, county treasurers, ministers of the gospel, practicing physicians. superintendents, officers and assistants of hospitals, prisons and jails, conductors and engineers of railways. 5. Idiots, lunatics, paupers, vaga bonds, confirmed drunkards, persons addicted to the use of narcotic drugs, and persons convicted of infamous crimes. All such exempted persons except those mentioned in subdivisions 1 and .' shall be available for military duty in ease of insurrection, war, Invasion or imminent danger thereof. S 2. Knrollment]. Whenever tha governor shall deem it necessary, he may order an enrollment to be made by either civil or military officers des ignated by him, of all persons liable to service In the militia. Such enroll ment shall state the name, residence, age and occupation of the persons en rolled and their previous or existing military or naval service. Three copies shall be made thereof one shall be re tained by the 'enrolling officer, one filed in the office of the auditor of the county in which the enrollment is made, and the original in the office of the adjutant general. County auditors shall be required to make such en rollment, if demanded b.v the gover nor. without additional expense to the state. shall be taken to be a deserter, and dt alt with as prescribed in the articles of war of the United States. S 11. Organizations of Reserve Mil itia, When Ordi reel Out]. The portion of reserve militia ordered out or ac cepted into service, as indicated in S ctions 8 and 9 et" this act, shall be immediately mustered into service of the state for three years, or sucli less I period as the governor may direct, and shall be organized into troops, batteries or companies which ntay be arranged into extra squadrons, battal ions or regiments, or assigned to or ganizations of the National G-uaril al ready existing. The governor is au thorized to appoint the oilicers neces sary to commence or complete any or ganization thus created. Such new or ani/.ations shall bo equ ed, discip ined and governed acco: 'ing to this military code and the military regula tions of this state. As to offenses committed when such articles of war are so in force, courts ,martial shall possesn. in adeiition to the jurisdiction and power of se-ritence and punishment herein vested in them all additional jurisdiction and power of sentence and punishment exercis able by like courts under such articles of war or the regulators or laws gov erning the Uniteel Stan s army or the customs and usages thereof, but no punishment under such rules and ar ticles which shall extend to the taking i of life shall, in any case, be inflicted except in time of actual war, Invasion or insurrection, declared by proclama tion of the governor to exitt, and then only after approval by the governor of the sentence iniiicting such punish ment. Imprisonments other than in i.uardhouse shall he executed in jails or prisons designated by the governor i for such purpose. S 14. Relief from Civil or Criminal Liability]. Members of the militia or dered into the active service of the state by any proper authority shall i not be liable, civilly or criminally, for any act or acts done by them while on I duty and in the proper discharge of their duty, except as otherwise pro vided in this ae-t and no person be I longing to the militia in active service of the state shall be arrested on any I civil process while going to, remain I ing at, or returning from any pla^e at which he may be required to attend for military duties. Any portion or the militia performing any duty in ac tive service shall have a right of way in any street or highway through which they may pass provided, the carriage of the United Slates mall and the progress and operation of fire en gines and fire departments shall not be interfered with thereby. shall be delivered by hlra to kis suc cessor. The adjutant general may have such assistants, clerks and employes in his department and the other various de partments of which he is the head, and as many laborers as may be re quired from time to time, subject to the approval of the governor. The as sistants in the various departments under the adjutant general shall be appointed and commissioned by the governor upon the recommendation of the adjutant general, and shall be en titled to all the rights and privileges granted to officers of the National Guard in this act. The clerks and em ployes shall be appointed and the lab orers hired by the adjutant general. The general staff officers appointed by the governor as herein previded, shall held such rank not above that of col onel, as is e'onsistent with theij i 1 i 1 S 12. Proclamation of State Insur rection]. Whenever any portion of the militia is employed in tho aid of the civil authorities, the governor, if in his judgment the maintenance of law and order will thereby be pro moted, may by proclam i ion declare the county, town or city in which the troops are serving, or any specified portion thereof, to be in a state of in surrection. I i:i. Occasions When the Articles of War of the United Slates are to be Enforced]. Whenever any portion of the militia shall be on duty under or pursuant to tlie orders of the gover nor. or shall be on duty or ordered to assemble for duty in time of war, in surrection, invasion, public danger, or to aiel the civil authorities on ae-i:ount of any breach of the peace, tumult, riot, resistance to process of this state, or imminent danger thereof, or for any other cause, the articles of war governing the army ni' the United states, and the regulations prescribed for .the army of the L'nited States, lis far as such regulations are consistent •with this act and the regulations is sued thereunder, shall be enfoiced and regarded as a part of this act until ^aid forces shall duly be relieved from such duty. 1 He shall keep a register of all tho officers of the militia of the state, and keep in his oflice all records and pa pers required to be kept and filed therein, and make a report on or be fore the thirty-first day of December in each year to the governor. Includ ing a detailed stntem- nt of all the ex penditures for military purposes dur ing that year. 4 posi tion and duties and as recommended bv the adjutant general. In order that the National Guard mav ree-elve the benefit of the funds aro vided by congress it shall be the Buty of the adjutant general of the Ftate to submit a plan of proposed field or camp service of instructions Tor the ensuing year, with an estimate of funds required for payment, sub sistence and transportation of the portion of the National Guard parth'i pating therein said estimate to furn ish the details and to b* made out in the form required by the instructions I from the secretary of war. He shall make such regulations per taining to the preparation of reports and returns and to the care and pres ervation of property for military pur poses, whether he-longing to the state or to the United States, as in his opin ion the conditions demand such regu lations to be operative and in force when promulgated in the form of gen eral orders, circulars, or letters of in struction. The adjutant general shall also be quartermaster general. As quartermaster general he may require his assistants, who shall be members of the National Guard, to give bonds with sufficient surety in such an amount as lie shall deem suf fieient, to the people of the state, con ditioned for the faithful performance of tlieir duty, such bonds to be ap proved by him and filed in the office of the secretary of state. I He shall attend to the care, preser vation, safe keeping and repairing of the arms, ordnance, accoutrements, i equipments, and all other military property belonging to the state or Is sued to the stale by the government I of the United States for the purpose of arming and equipping the organ Ized militia. All military property of the slate which, after a proper inspec tion, shall be found unsuitable for the use of the state, shall, under the direc tion of the governor, be disposed of by the quartermaster general at public auction after suitable advertisement of the sale, eiail.v for ten days, in at least one legal newspaper published i In the city or county where the sale is to take place or the same may be sold at private sale when so ordered by the governor, lie shall bid in the property or suspend the sale when ever, in his opinion, better prices may or should be obtained. He shall from time to time render to the governor a just and true account of the sales made by him, and shall deposit the proceeds of all sales so maele with the state treasurer te the credit of the special militia fund. He shall be responsible for all the arms, ordnance, accoutrements, equip ments and other military property which may be issued to the state by the secretary of war in compliance with law and it shall thereafter be his duty to prepare returns of said arms and other property of the United Slates at the times and in the man net- request eel by the secretary of war. He shall upon the order of the gov ernor turn in to the ordnance depart ment of the Uniteel States army the ritles, carbines, bayonets, bayonet scabbards, gun slings, belts and other such necessary accoutrements and I equipments, the property of the Uniteel States and now in possession of the state, which may be replaced, from time to time, by new arms, equip ments, etc., sent by the United States in substitution tnerj-for, and cause the same' to be shipped under instrue tlons f.om the secretary of war to the designated arsenal or depot at the ex- fhe ense of the United States. An when National Guarel of the state shall be fully armed and equipped with standard arms and the standard equipment anel accoutrement of the United States army, he shall cause all the remaining arms, equipments, etc., the property of the Uniteel States and I In possession of the state, to be trans- i ferred and shipped as above directed, under instructions from the secretary of war. He shall keep a just and true ac count of all expenses necessarily in curred. Including pay of officers mid enlisted men. subsistence of militia, transportation of the militia, and or all military property of the state, and sucli expenses shall be audited and paid in the same mariner as other military accounts are audited and paid. He shall Issue such military proper ty as the governor shall direct, and under his direction make purchaser for that purpose. No military proper ty shall be issued to persons or organ izations other than those belonging to the organized militia except to such port'ons of the reserve militia as may be called out by the governor. I Purchases of property not exceed- ing one hundred dollars in value shall be made in such manner as the quar termaster gentrul may direct. If sucli purchase requires an expenditure ex ceeding one hundred dollars and not exceeding five hundred dollars the quarlermast rr general shall procure I written proposals to furnish such pro perty from at least two parties, and shall purchase such property from the lowest responsible bidder. If such purchase shall require the expenditure of a sum exceeding five hundred dol lars he shall publicly advertise. for not less than ten days, for sealed pro posals for furnishing such property such proposals shall be publicly opun- 1 1 1 Every member of the National Guard of this state shall be exempt while he is such member of the Na tional Guard from the payment of all poll tax ami from service on any Jury, and from all poll tax after he shall have secured three enlistments and re ceived honorable discharge from the service. I 15. The Adjutant General]. Tho adjutant general shall be in control of the military depaitment of tho state, and subordinate only to the gov ernor in mutters pertaining to said de partment. He will perfom such duties as pertain tn the adjutant general and the other chiefs of staff departments, under the regulations and customs ot the United States army. lie will sup erintend the preparation of all returns and reports required by th« United States from the state, and will per form all the duties prescribed for him in this military code. i All military records, banners and relics of the state except when in law ful use, shall be under the control of the adjutant general, and It shall be his duty to take safe and proper care of the same. i He shall, at the expense of the state, when necessary, cause the militia law, the general regulations of the state, and the articles of war of the United States to be printed, indexed, and bound in proper compact form, and dis tributed to the commissioned officers, sheriffs, county auditors and county treasurers of this state, at the rate of one copy to each and to each com missioned officer and headquarters he shall issue one copy of the necessary text books and of such annual reports concerning tbe militia as tha governor may direct. i He shall cause to be prepared and issued all necessary blank books, forms and notices required to carry Into full effect the provisions of this act. All auch books and blanks shall be and remain the property of tho state. The seal now used In the oflee of the adjutant general of tkle etato etisti lie tiM •eel- ef Wo im ed by the quartermaster general at the place, day and hour designated in such advertisement. .The quartermas- ter general shall, if the governor ap prove, make contnacts with the low est responsible bidder to furnish such property. All proposals and contracts made under the authority hereby con ferred shall be filed Iti the office of the adjutant general. The quartermaster general is authorized and directed, I whenever in his opinion, it shall be to the interest of the state, to require a parly who shall agree to furnish such property to give bond to the people of this state in such sum and with such surety as he shall direct, conditioned for the faithful performance of such agreement or contract. In case of de fault such bond shall be prosecuted by the attorney general and all money re covered shall be deposited With the i state treasurer to the credit of the special militia fund. All property pur chased under the authority hereby granted shall be inspected, whenever the same is deemed necessary, by an Inspector or an officer detailed for I that purpose by the governor, and in I case of sue., inspection no payment shall be made for stK-h property so purchased until it shall appear by the certificate of such officer that such property Is of the kind and quality I specified In such agreement or con tract. In case of insurrection, invasion, tu mult, riot, breaches of the peaee or imminent danger thereof, the gover nor may upon the certificate of the ad jutant general temporarily suspend the operation of tho foregoing para i graph anel direct the quartermaster general to pundiase such military pro perty as may be required in the open market. He shall re-port such actions, with the reasons therefor, and the statement of the property purchased i arid the prices paid therefor to the governor. I The adjutant general shall render annuallv to tne governor a statement in detail showing the disposition of all clothing, ordnance, arms, ammunl I tlon and other military property on hand or issued. The general staff shall also include a medical department with such staff officers and assistants to be appointed by the governor and commissioned by i him on the recommendation of the ad- Jutant general as hereinbefore provid ed. The duties of the officers of the medical department shall be to provide the necessary medical supplies and care for the sick and wounded of the militia I when on duty, and to perform such other services as the comniander-in chief or adjutant general may direct or as may be required by the regulations governing the medical department of the United States army. No person shall be appointed as an officer in this I department under the adjutant general i or commissioned to similar duties in this line unless he shall be a graduate and legally authorized and practicing physician and surgeon or dentist of the state. Other general staff departments of which the adjutant general shall be the head and which shall have such as sistants appointed and commissioned a hereinbefore provided shall be as fol lows: The Inspector general's depart ment. the judge advocate general's de- fhe artment, the ordnance department, subsistence or commissary depart ment, the inspector of small arms prac tice, tho corps of engineers, a signal 0«r»s and the pay department. The 4t»t*ee ef Mmt wWm of these departmeats shall be suoh as are presrrlbed by the regulations, or ders, or direction of the governor or ad jutant geaeral and In accordance with the duties of like officers under the re gulatiens of the army of the United States. I IS. Bond of the Adjutant General and Payment of Accounts.] The ad jutant general shall give a surety bond to the state in the sum of ten thousand dollars in proper form, to be approved Wy the governor, for the faithful dis charge of his duties. He shall keep a just and true account of all expendi tures necessarily made for the military service of the state and said accounts shall be paid on proper vouchers being presented for the same and upon the approval «f the commander-tn-chicf. from the appropriation made by the legislature for military purposes ex cept as otherwise provided in this act. No other ©nicer of the militia excepting the adjutant general shall incur any ex pense whatsoever to be paid by the state, except such ns are authorized in this act, without first obtaining the au thority of the governor in extreme emergencies, however, the commanding officer of any organization or detach ment of the organized militia, orelereel into the active service ef the state-, may mike purchases of such necessities as are absolutely required fer the immedi ate use and rare of his command a re port of such action, containing a state ment of the articles purchased and the price thereof, must be made forthwith through the channels to the adjutant general. S 17. Special Militia Fund]. All funds derived from the sale of state property as herein provided and all other funds ace-ruing to the National Guurd of the slate from any source whatsoever other than the general fund appropriated by the legislature shall be deposited with the state treasurer and by him credited to the special mili tia fund. This fund shall be available for militia purposes only, uiul shall be accumulative from year to year. Expen ditures freim this fund shall be made in the usual manner upen vouchers ap proved by the governor after proper certification by the adjutant general, but shall not come within any restriction contained in Section 111 3 of Chapter of the Re vised Political Code, governing payment of expenses incurred In a pre vious fiscal year, it being the Intent of this act to permit of the application of the special militia fund hs herein e-re ated to the discharge of any just or lawful debt contracted for militia pur poses, whether of the ensuing or a pre vious fiscal year. I 18. General Militia Fund.] 'Funds appropriated by the legislature for the maintenance of the militia shall be known as the general militia fund. Ex penditures from the general militia fund shall be made only upon vouchers certified to by the adjutant general and approved by the governor, upon warrants drawn by the state auditor against the state treasury as now or hereafter may be required by law. I 19. Composition and Strength of the National Guard.] The national guard ef the state shall consist of the adjutant general and the various de partments hereinbefore provided, the existing military organizations and de partments of the general staff as they are now organized. subject to any changes made by this act. and such other military organizations as may be organized hereafter, und such persons as may be enlisted or commissioned therein. The military organizations of the national guarel may constitute a brigade ami the regiment, companies, signal corps, and regimental bands, shall remain as now established, but the efficiency of the state forces will be thereby increased, and he shall at any time iiavo power to change the or ganization of divisions, brigades, regi ments, batalllons, squadrons, troops, batteries, companies, and signal corps so as to conform to any organization, system of drill, er instruction now or hereafter aelopted for tbe army of tho United Slates, and for that purpose the number of offle-e-rs and not)-commission ed oilicers of any grade in regiments, battalions, squadrons, troops, bat Ccries, companies and signal corps may be increased or decreased to the extent made necessary by the new conditions thus created. The governor shall have the power, in case of war, insurrection, invasion, or imminent danger, to increase the force beyond the maximum established by the law and to organize the same, with the proper officers, as the exigen cies of the service may require. 1 20. Organization of National Guard.] The military units of the na tional guard sball be composed and or ganized In the same and under the same tigulatlons as the same units are or may be organized and composed in the army of the United States as neatly us possiblo or as may be prescribed from time to time by the secretary of war, and subject to the provisions of this act shall ,be as follows: Infantry. A company shall consist of one eap tain, one first lieutenant, one second lieutenant, one first sergeant, one quar termaster sergeant, four sergeants, six e-orporals. two cooks, two musicians, one artificer and forty-two privates. The minimum strength of a company shall be fifty-eight enlisted men. A batlallion shall consist of one ma jor, one battalion adjutant (first lieu tenant), one battalion quartermaster and commissary (second lieutenant), one battalion sergeant major and lour companies of infantry total enlisted, minimum, "33. A regiment shall consist of one colo tnl, one lieutenant colonel, one adju tant (captain), one quartermaster (captain), one commissary (capt.iia), one inspector of small arms practice captain I, one chaulain, one sergeant major, one quartermaster sergeant, erne comniissury sergeant, two color ser geants, three battalions of Infantry, and a band consisting of the following: One chief musician, one principal musician, one drum major, four sergeants, eight corporals, erne cook, and twelve pri vates total enlisted, minimum, 732. A regiment of infantry may have, in addition to the commissioned officers and enlisted men enumerated above, one regiment surgeon (major), anel two assistant surgeons (captains or first lieutenant*), as prescribed in Section fi of the act of Congress approved April 22, 1898, or one surgeon and three as sistant surgeons detailed from the med ical department. When it is impracticable to assign three battalions to a regiment it may be composed of a smaller number, not less than two. eae-h of which should consist of four companies but where the four companies cannot be assignee! to a battalion it may be composed of three companies, with the fourth com pany skeletonized. Similarly when four companies cannot be assigneel to a sep arate battalion it may be composed of three companies. Other companies, which fer sufficient reasejns it Is im practicable tei assign to battalions, shall exist as separate companies and bat talions of incomplete battalions which cannot be combined with regiments of at least eight companies shall exist- as separate battalions. A brigade shall ordinarily consist of two or more full regiments of Infantry, three being the normal organization but separate battalions and separate companies may be assigned thereto and provisional brigades consisting of two or more regiments of not less than eigh e-ompanies each may be organized for the purpose of instruction or ma neuvers. A brigadier general is the proper commander for a briga.de, but In case of the absence or disability of the brig adier general the command will de volve upon the senior officer of the line who is present for duty with the bri gade. The staff of a brigade shall consist of officers detailed from the several staff corps and departments, as fol lows: One adjutant general, major, adju tant general's department. One quartermaster, major, quarter master's department. One commissary, major, subslstance department. One surgeon, major, medical depart ment. Two aids, lieutenants, from the line. In addition to the staff officers enu merated in the feiregoing list, such either staff officers as are considered ne cessary may be designated for duty on the staff of a brigade, but officers so designated must belong to some staff, corps or department, or to tbe line, and be detailed for duty on the brigade staff. At camps of instruction, or when deemed necessary, the governor may attach to a brigade such troops of cav alry, batteries of artillery, and orga nizations of special troops as may ap pear to him to be advisable. The medical department of the orga nized militia shall consist of the offi cers necessary to perform the duties pertaining to the medical department on the staffs of brigades and divisions and at camps, depots, and other similar military establishments of the sur geons anel assistant surgeons attached to regiments, separate squadrons and battalions, troops, batteries and com panies for the purpose of furnishing medical attendance of the medical of ficers requisite for the organization of such ambulance companies and field hospitals as may be authorized, and of tho hospital corps. When necessary professional nurses may be provided. Tho hospital corps shall conalat of sorgoants first class, sergeants, corpo rate, prt?fttee Are* oless, tad frivatae of Vi.\ .V £. v.,,\ £v •--. ..i^' *i ,v *i' I n-ffr the corps assigned for duty to the dif ferent regiments, squadrons, battalions troops, batteries and companies, and t» camps, depots, and other similar railit^j ry establishments, or belonging to SUCH ambulance companies and field hospit als as may be organized. The minimum enlirted strength of Mj:f ambulance company shall be as foW lows i sergeants, first class, 7 Itr geants, 14 privates first class, total listed (minimum) 43. One assistant!-" surgeon (captain), and two asslst«|k surgeons (first lieutenants), may bo a» signed to duty with an ambulance con-* pany. The minimum enlisted strength of V field hospital shall be as follows: 3 flret sergeants first class, 6 sergeants, 24 *», privates first class and privates, total.,? enlisted (minimum) 33. One surgeo®ier,,.A (major), and four assistant surgeoneTLjj, i captains or first lieutenants), may beflSw* assigned to duty with a field hospital.^. The signal corps shall be a staff corj and shall consist of the commission! tflcers necessary for the performanc duties of signal officers on the dlf-i^£' Cerent staffs, and other duties preiperlyf't pertaining to the signal corps of thaf- flicers assigned to duties with compa-. liies of the signal corps and of such' enlisted men of the grades named here inafter as may be deemed necessary, viz: master signal electrician, Ser geant first class, sergeant, corporals* cooks, privates first class and privates. For the purpose of admlnistra tlon» companies of the signal corps may be trganized. The minimum enlisted strength of the different grades foi* such a company shall be an follows: |o sergeants first class, 6 sergeants, 10 corporals. 2 cooks. 18 privates first, class, 18 privates total enlisted (mini* mum) 68. The normal quota of commln sioned officers for a company of the slg* nal corps is one captain and two first lieutenants. The grade of second lieu-*... tenant is not authorised for the signal corps. S 21. Commissions], All officers shall' be commissioned by the governor af his discretion and upon the recommea*.. datlon ot' the adjutant general, but n#* one shall be commissioned unless thA'v conditions set forth in the next twaf' sections have been complied with, tn|vvt.V no one shall be recogni/.eil as an offl**:% cer unless he shall have been duly cort*#^ Si missioned anel shall have taken ths oat* of office. 1 22. Eligibility to Receive a Com*' son who has been expelled or dlnhono* .v. •T.bly discharged from the army of th0h' l'nited States or from any military or* ,jf, gunl'/.ation of the state shall be com*'.^ missioned. No person shall be commle» if All staff officers shall be) selected ffom the members of the National Guard. 1 tne time or his appoint* her la- an officer In actlv^' national guarel of the three successive year# I 23. Appointed and Elected OflW cers. The oificers on the staff of tMfc adjutant general, the field and line o£ fleers of signal corps, tho extra offlk cers allowed te regiments, baMalioiul anel squadrons for staff duty, surgcorttl i and assistant surgeons and chaplains shall be appointed and assigned by the governor upon recommendation of thelj immediate commanding officers subjedt to the provisions of this act. In case ot original appointment from civil life the selection shall be made by the govePx.-. nor upon reliable rc-commenelatlons an# subject to any examination which mar be prescribed by regulations or orderi When the governor desires to create new organizations, he shall have the.. ., power, In first instance, to appoint an the officers necessary to commence ana i complete such organization. All promotions of tho field and line •*., officers of the National Guard shall be determined by seniority unless others wise oreicred by tho governor that second lieutenants of may be selected by election rules as the governor may prescribe^ provided further, that before any ofiV cer shall be promoteel Slid commission* cd he may at the discretion of the g»v» erneir be required to pass an exannnan* tlon as to his fitness anel qualification)., before a board of his superior officer# detailed for that purpose. *1 it I o I o .- iiess oinert* pro«lilr4 com par lea under t*uc0 I 24. Brevet Commissions], The govw ernor may, upon the recommendation of their commanding offie-crs, confer brevet commissions of a grade equal t# the highest grade in which they have previously served, or of a grade next higher than the ordinary or brevef commission ever held by them, upoft officers of the National Guard In active service, for gallant conduct or for mer» itorlous service of not less than tw«n» ty-flve years. Such commissions shal" carry with them only such privilegi or rights as are allowed in like cast in the military service of tho United States. 25. Supernumerary Officers]. Com* missioned officers who shall be render* eel surplus by reduction or dlsbandmenf ef organizations, or In any manner pro* vided by this act now or hereafter, mar be withdrawn from active service and placed upon the supernumerary llsjj. The governor may upon the recommen* dation of the adjutant general detatt supernumerary offh-ers for active dut£ and he may relieve them from suca duty and return them to tho supornua* erar.v list at his discretion. (Mm Mi 4 i sioned unless he shall possess the addi4 tional requirements herein prescribe#*-" for the particular office to which ha lit t.» be commissioned. A colonel of 0 regiment, at the time of_hls appoint* ment. must eltli service in the state and for immediately preceding his appednt* ment must have been in active service,,^,' in saiel national guard of this state, of** in the army of the United States, or Ifc both combined as a commissioned ofB* "er. A lieutenant colonel or major og-,^ tbe line, at the time of his appoint* ment, must either be an officer in aotf live service, or for two suc'-esai years immediately preceding his ap* pointment must have been In active service In the national guard of thl§i state as a commissioned office*, or if not In active service at the time of his appointment, must have haft -»», prior service of at least six years in the national guard of this state, or In th0 armv of the United States, or In both combined as a commissioned officer. All staff officers except medical officers an| chaplains must have served one year Immediately preceding aopoint* ments In the national guard of thl# state. The assistant judge advocat# general must be a counselor at law of the supreme court of this state of ag least four years standing of the grad0 of major. Surgeons and assistant sur* geons must be duly licensed and prac*, i icing physicians and surgeons undefi the laws etf this state, anel of at least, fifteen years' practice if of the grad# of colonel, of at least ten years' prac* tlce If of the rrrade of Ib utcant eoloneL of at least live years' practice If of thf grade of major, ot at least three year# practice if of the grade of captain, and of at least twei years' practice If of the grade of first lieutenant. An engineer officer of the National Guarel must have been educated as a military or civil en» glneer. A chaplain must be a regularly, ordained minister of some religious de» nomination. ri Xi t*""' V W -j 1 S 2«. Resignation of Officers]. 4k commissioned officer tendering his ree* ignatlon before having served years, if the governor shall accepC shall receive an honorable dischargac if he has served five years or mora n0 shall receive a full anel honorable dla» charge provided, he shall not be ua*. der arrest or returned to a mllltarf1 court for any deficiency or delinquent cv anel provided furher he be not lw»' debted to the state In any manneiV and that all his accounts for moneyr-. or public property be cqrrect. 27. Examination and Dlscharf§ of Officers], The governor may. when* ever he may deem that the good o6-£ the servicc requires it, order any con* missioned officer before a board of OS* aminaiiori, to consist of not less theft three or more than five general ef field officers, which is hereby Invoated with the power of court of inqulrr arid courtsmartlal, and such boanl shall examine Into the moral charaAa ter, capaedty, and general fitness for the service of sucli commissioned o£» fleer, and record and return tho teetfe mony and a record of the proceeding^ If the findings of such board be UBP favorable to such officer and be tSm proved by the gfivernor, he shall Sb discharged from the service. No oflt cer whose grade or promotion woe Id In any way be affected by the decLsioe of such board. In any case that Mdy come before It, ahall participate In tne examination or decision of the board in such case. Failure to appear wl ordered before a board constltt under this section ahall bo auAclef ground for a finding by auoh that the officer ordered to appear •t fr] 5 "Tjr be discharged. I 28. Dismissal]. An officer wbe shall have been absent without leer* for a period of six montba er n eft may be dismissed by tho governor, I 39. Removal]. A cemmlaaioeed officer can not bo removed from ts I, eAee without his consent, except by tence of a geaeral couftamartial mTM provided in this chapter. 30. Oath, by Whoka eel]. The adjutant genera fie-ers of the ffeberii mending offlcera Ions, and coapan ery one hereby ter any oatb the adielntatr of tbto '-El?