Newspaper Page Text
s*r & N* ih 'M" 4*' *&* from la tli* •U(« under the mtH, for a term of rears except that musicians if iSLS* sixteen years ef «t«. llnor shalt b« enlisted without tan content of his parent or A man who has been ex o dishonorably discharged any military oiganlsation of the Of United State* shall not be it for enlistment er re-enilst nnless he produce written con t| such enlistment of the com IB* officer of the organization Wnlch he wan expelled or dls irably discharged and of the com •MKhftng officer who approved the ex Mnbton or Issued sucn dishonorable •togharge. •fen who have been discharged hy PSaaon of dl«bandment may be enlist and shall then receive cred.t for ill period nerved at the time of such ndm»nt. A man discharged Tor disability shall. If such dls cease and he again enlist, or a discharged upon Ma own request II, If he ag-aln enlist, receive cred it for the period served prior to such Macliarge. Band masters, drum majors, chief trumpeters. veterinary sergeants, members of ths hospital corps, and JSnjSlclanH may be enlisted as such. 81. Re-enllstments], Any man Who has served the period of his oi.r- wav nan served tnal tnll tm nt ftrm of one N- c| t'V yVMcrihe inder tt Ken and may be re-enllsted for year or more. Hlment Papers], Every I 32. Knli.Htn person who enlists or re-enlists nl.ull mm and make oath to an enlistment paper which shall contain an oath ot •HSR! ance to the statu and the United ftgites. and he in «uch form as may be ribed In the regulations issued Is act. Kuril oath shall be ta subscribed to before an offirur authorized under thin art to adminis ter .Oaths but rio enlistment shall be •al li until It be approved by the com •anfllng officer of the corps, troop, battery, or company organization. a perfori making a false oath as to any Statement contained In such en list- SStaled Mfet paper shall upon conviction bo guilty of perjury. St. Transfers]. Enlisted men may fee & transferred upon tV own appll tton in li SAmo regiment or battul- Or squadron not part of the regi ment. from on« company or troop to •nuttier, hy the com!.i tn ling officer Of such regiment, bittallon or sriu^d foa from one regiment, bat (alien or aQUSdmn not part of a reg it. :.t, slg ••I Corps, separata troop, buttery, or Separate compniy, to another In the Hof brigade. by tho cornmindlng of the brigade from one brigade lother by the governor. No-t-com mlsiloned officers must be returned to the tanks before they can be transfer red. I IB. Non-cofrnnlwlonel Officers]. OSIBinand'ng officers of the regiments of battalions and *iiiadrons not of rtglmtnts shall appoint and int the nori-eommUsioned staff Ps of their respective regiments, lions or squadrons, and they uliall Mr dls retIon warrant the non |lssloned officers of the troops, and companies of their re regiments, battalions and from the members thereof, the written nomination of the eomatanding officers of the troops, feattOfioH and companies respectively. In tfOops, batteries and companies not I#** refftment, battalion or •^UMtron, and In .signal corpn the non •amflMsnloned offii'fi* shall be war raatM by the commanding officer of the tfoon, battery, company or sltrnal oarofl, no enlisted man shall be war nntM as a non-commLssioncd officer MltlH le shall havo par., an cx.i.n satlsfactoi'i to his Immediate ding officer. The officer w i a non-commissioned officer power to reduce to the for good and sumciont reasons commissioned officers named Section but such as were en ncn-comml»Hion«d officers kal| be dlachargud. Non-commission Who shall be dropped va ir poattlonu 'USH inf from the Rolls], An ttian wTio shall remove his to such distance from the of his organization as to ren l»p ractlcaole tor him to per dutles properly, or who after |«nce cannot be found, or be convicted of a felony, or ail be expelled from his organ ist accordance with by-lawn K adopted, may be dropped rolls of his oompany, hat or Signal corps by the or eaimnandtng officer of the riment, battHiton or sqaad art or a regiment. «'«f V» from Dropped 1. Jt«d qian dropped by reason of ll nay be taken up at any time three years after such removal former or any other orfcani/a Obtaining in tho latter cane first I*Written permission of his former idi'ig officer approved by tho upon whose order he was drop- All enlisted man dropped for re ma'' be talon up at any timo throe "ears from such removal, lis own application approved by »r upon whoso order ho was The taking up shall be done th* orders Of any officer who in to trder the dropping of tho lan thus taken up siinll re •rodIt fer the term served before h§ Wan dropped. IT Retirement], The governor anno Int enlisted men and com mit them, without examination. Heutenants by brevet. up lendation of their respect »ma»dlng_ officers, and place Ot) the retired list at ths .same ovlded they have well ami the state In the Na for a period of twenty- enlisted man all the public ^nsible. rooelve a dls the officer granted to Mt re ss^. for which he la respoi etr«umstances shall roo honorable dlaebarge. MWh or aa. boaorable £"aS*jn%a gr Ml 'Staff officer, or I Will who, had aa iweb, would be 0*a request, it and valid W reason of •bb| to jparform 'tbo roduc ttalloo or ir WiMM amnpany la JMflilC i« to a full aarred the I or re-en- t'H ft fUtl and •hall tjr po« oorps a«oad- mna rSSB d*y«. »er- tili- ,. 'military duty, and he shall be respon sible to the governor for general effi ciency of the National Ousrd and for the drill. Instruction, inspection, small arms and arlillerj practice, move ments, operations and care of the troops. Commanding officers of organiza tions shell he responsible to their im mediate commanders for the equip ment, drill. Instruction, movements and efflciancy of then respective com mands. All commissioned officers and enlist ed men Khali he responsible to their immediate commanding oltlccri) for prompt and unhesitating obedience, proper drill, and the preservation and proper use oi the property of the state or the United States, or organi zation. In '.heir possession. I 42. Drill* and Parados.] Officers and enlisted men of each troop, bat tery and company, shall assemble for and undergo drill and instruction at the company, liattalian or regimental armory or rendezvous, or for targ.-i practice, not le.-sa than twenty-four times during each year preceding an nual allotment of funds under Sec tion 16 *51 of the Revised Statutes of tlie t'niled .States, as amended. Dur ing the same period there shall bo at least one Inspection of each troop, bat tery and company by an officer of the National Ouard or by an officer of the regular army of the United States, or both, at such time at. the governor mny direct. In addition to surb drills and pa rades, the commanding officer of any organization may require the officers and enlisted men of his command to meet for parade, drill or instruction at any such times and places as he may appoint. Kach troop, battery or company not especially excused by the governor, will be required to participate for at least Ave consecutive das annually practice marches or camps of in struction under such regulations an tho governor may prescribe, and under such instructors as he may appoint. I 43. Conduct of Commanding Offi cers in Aid of Civil Authorities In ase of any breach of the peace.tu rnult, riot or resistan* to the pro' of this state, or imminent danger thereof, a justice of tho supreme court or the circuit or county court, or munf ipal jud^e of a city, or sheriff of a county, or mayor of a city, may call for nld upon the commanding officer of the organisation of the National Ouard stationed therein or adjacent thereto provided, that such call musi lie In wrltint and subject to ths ap proval of the governor. The com manding officer upon whom the call is made Khali order out in aid of the cH'll antiritics the military force or any part thereof under Tho constitution and jurisdiction of eourtaaartial. the form and manner In which the proceedings of military Courts ahall be conducted and record ed, and the forms of oaths and affir mations taken In the administration of military law by such courts, the limits and punishments and the pro eoadlaga in fevision shall be govern ed by the articles of war and the laws and procedure of the courtsmartlal of tho united States. I 4f. Indemnity for Action of Mili tary Court.) No action or proceeding shall be prosecuted or maintained against a member of a military court 2Uthorlty *«s rtag his baa been far which man who aaat of duty 4brnea may •ftlon of make u oBcer or person acting under his or reviewing its proceedings on account of the approval or imposi tion or execution of any sentence, or the Imposition or collection of a line or penalty or the execution of any warrants, writ, execution, process or mandate of a military court. I 50. Presumption of Jurisdiction Tho Jurisdiction of the courts and board established by this act shall bo presumed and the burden of proof shall rest on any person seeking to 4MMt such oourt or board of jurtadlc ttaa In any action or proceedings. I SI. Organisation.) All organiza tion! of the National Guard shall be providad by the state with such arms, equipments, colors, camp and garrison oqutppage. books of Instruction and or record, and other supplies as may be naooastary for the proper perform ance of the duty required of them by thta act and each organization shall kMp such property in proper repair and In good condition. I 58. Commissioned Officers Uni form.) Every commissioned officer fhall provide himself with arms, unl forms, and equipments prescribed and approved by the govern I ft. Enlisted Men. Uniforms], enlisted man who enters tho li corrspoading la make and fcraneo to the tuilfarm of tatM i«rvty Srvllca of the state for throe years i be furnished by the al*.ta with a ness. his »so to the governor. command, and shall imnu llati'ly report what he has done and nil -ircu:nstun'« or the J«nd to him that if it appear the power of t' count be not sufficient to enable the sheriff to preserve the peace und protect the lives and property of the peaceful res idents of hiH county or to overcome the resistance to the process of this tate. the governor must, on applica tion of the sheriff, order out such mil itary forcu from any other counties or county as in rieceSMiry. When un armed force Is called out for the purpose of su ppr'K*ing an un lawful or riotous a terribly it must follow tho orders in relation thereto of the civil officers calling it out and lender the required aid, but such or ders of the civil officer shnll extent only to a direction oT a general or specific object to be accomplished und the duration of service for such troops, hut the tactical direct i.til of the troopa, the kiml and extent of force to be used, and the particular means to bo employed to accomplish the oh lect specified by the civil officer shall to left solely to the officer in com mand, I 44. In Case of Insurrection or In vasion.] In ease of Insurrection or Invasion or imminent danger thereof within the limits of any command, the senior commanding officer of such onmiand, -with tho approval of tin governor, shall order out for the de fense of the state the forces under his command, or any part thereof, and immediately report his action and the circumstances if the case to the gov tnor and his im/nedlate commanding officer. I 4!S. Warning for Duty|. Orders for duty may be oral or written. Offi cers and enlisted men may be warned for duty as follows Rlther 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 ble age and discretion, or by sending a copy of such order, or notice con taining the substance thereof, to such Cist croon bv mall, directed to him at his known place of abode or business, or to the postofflce nearest thereto. Such warning may be given by any officer or noncommissioned officer. The officor or noncommissioned officer giv Injr such warning shall make a return thereof ctntaming the names of the person warned, and the time, place, and the manner of warning. Sneh re turns of warning shall be verified by his oath, which may bo administered by any commanding officer nucli veri fied return shall be as good evidence on the trial of any person returned as n delinquent of the lacts stated there in an if such officer or noncommission ed officer had teslltled to the same be fore the delinquency court on such trial. Kvery commanding cept officer make the like return, on shall honor, and with like effect of every delinquency and negUct of duty of his officer and noncommissioned officer, and also to every enlisted man who shall refuse or neglect, to perform such military duty a.-» may be required. I 41. Kxeuse from Duty.] The of ficer ordering any military duty shall liave the power to excuse any officer or enlisted man for absence therefrom upon good and sufficient grounds. I 47. Discipline and Kxercise The system of discipline und cxerc.se of the National Guard of this slate 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. I 48. Military Courts.] The mili tary courtM of this »tate sfe*ll bai 1, General courtsmartialL t. Oarrison court .-martial. S. The summary court. 4. Courts of inquiry. K. Delinquent courts, which aro of two kinds: (1) For officers, (I) for en listed men. Jb* w:- r- shall pay the value of such property to the adjutant general within two years after such loss or destruction, to be by him deposited with the state treas urer in the special militia fund. The valuo of lost or destroyed property and the per.son-or organization to be' charged therewith shall be determined by a board to consist of three officers of the National Ouard to be appoint ed by the governor. In case of dlsa grecment such value shall be fixed by the adjutant general. I SC. Wearing of Uniforms], It i shall be unlawful for any person not. being In the military or naval service! of the United Mates or of this state to appear In public wearing the dis tinctive uniform or any part thereof of any branch of such service except as hereinafter provided. Kvery per-' son who khall violate the provisions of this section shall be fined not less than twenty-five nor more than one hundred dollars wearing tlie uniform of his last rating, until four months after ttie date of said discharge and further, further, It shall be unlawful for any com-I rnon currier, innkeeper or proprietor or lessee of any place of public amuse- as hereinafter provided for camps of Instruction, as follows: A musician or private, $1 a corpor al. $1.23 a sergeant, Jl.r.O, a first ser geant, commissary sergeant, quarter master sergeant, drum major, battal ion sergeant major, signal corps ser geant, color sergeant, and sergeants iirst class of tho hospital corps, $2 a regimental sergeant major and prin cipal musician, $2.:'5 a non-commis sioned officer performing1 the duties of a grade higher than his own shall be entitled to receive the pay of such higher grade a private acting as a noti-commissioned officer shall receive tho pay of the grade in which he is acting each enlisted man who has served a full five years of enlistment shall he entitled to additional pay at toe rate of twenty-five cents per. day for each day's duty during the second live years of his service and a further additional pay of twenty-live cents per day for duty for each succeeding live vcars of service. Provided, and v provided, that this prohibition and penalty shall not ap ply to any person in the service of trie United States or of this state, wearing a uniform required by or in pursu ance of law, similar In design to that of any of the bodies above enumerat ed or to any person discharged from such service, for any cause other than his own unworthlness, wearing his uniform in order to take part in any military or naval parade, or on any similar occasion or to an enlisted man In the military service of the I'nited States discharged from any other cause than his own unworthi- provided that this act shall not be con strued to so as to Impair or affect the rights of regularly chartered mili tary companies or other organizations which already have the right to parade-: with arms or sidearms by the laws of this state, or cadets at educational in stitutions, where military departments sre conducted and ait officer of the I'nited States army has been detailed as Instructor, to wear such uniforms as they now are or may be required by their regulations to wear provlded that the adjutant general mv, in his discretion, grant a written permit to the proprietor of any repu table place of public amusement, or en tertainment, allowing the members performing in such place to wear such: uniforms for stated periods anil under •in restrictions as the adjutant gen eral may from time to time prescribe, which permission may be withdrawn at any time if the adjutant general shall ern such fiction expedient. 1 rnont or entertainment, or any agent, si rvant, or representative of such common carrier, innkeeper or propri etor or lessee as aforesaid, to disbar 'rotti the full and equal enjoyment of ri e accommodations, advantages, fa cilities or privileges of any public con vcyance on land or water, or any inn or any place of public amusement or entertainment, any person in the mili tary or naval service of the I'nited States or of this state, wearing the nniform prescribed for him at that time or place by law, regulation or the service or custom/ on account of his wearing such uniform or his be ing In such service. Any person who is disbarred from such enjoyment contrary to the pro visions of the last paragraph shall be entitled to recover in an action of the case from any corporation, associa tion or person guilty of such viola :lon, his actual damages and one hun •lred dollars in addltron thereto, and evidence that such person disbarred was at that time sober, orderly arxi able and willing to pay for said en hiymeut in accordance with the rate tlxed therefor for civilians, shall be prlitin facie evidence In said action that he was disbarred on account Of his wearing such uniform or of his be ing in such service. It shall be unliiwful for any mem- I her of the National Guard, or any other person, to \u-ar any portion of the uniform or use any part of the equipment of the South Itakota Na tional Guard, except in the perform arce of military duty, unless he is per mitted to do so by the governor. Any person so offending, shall be deemed guilty of a misdemeanor, and upon i conviction thereof, be fined not to ex eeod twenty-live (25) dollars. r7. luty rav). Each officer, non-I commissioned officer and enlisted man ordered for duty shall be entitled to receive the same duty pay as provided and allowed to men, non-commissioned off let rs and officers In the service of: the United States army provided, that enlisted men ordered for duty for the state by the governor, or under ilia authority, shall he entitled to receive duty pay for every day actually on duty, except when so ordered for in spection. muster or small arms prac tice or parade review or field service not extending b« ontl one day, and ex that pay of enlisted men non-commissioned officers attach- ed to companies, bands or signal corps, v. hen on duty at camps of instruction, shaM be the same as provided and al lowed to such enlisted men of the I'nited States army, and in addition thereto each such enlisted man shall receive a sum not to exceed twenty S3. Muster Roll]. On the first day of November of each year each and every company and band of the Na tional Guard shall be mustered by the commanding officer thereof, and dup licate muster rolls shall be prepared and furnished by the adjutant general with full instructions for tilling out the same, such muster rolls shall set forth the officers In order of rank, and the enlisted men in alphabetical order, distinguishing recruit:- since last mus ter, and truly state th« residence, ago and date of enlistment of each, and such other facts as shall be required by orders, on the for in prescribed. On said muster days every such command ing officer shall Inspect all arms, ac coutrements and stoics and other mili tary property issued by the state to him, or to his command, and make and certify an account and return thereof, in duplicate copies, one of which shall be filed with the adjutant general on or before the 20th day of of this section shall be carried out un der orders and regulations issued by the governor provided, that not more than one hundred dollars shall be ex pended in any one year for the pur pose of medals, badges or trophies. S 66. Pay When Aiding the Olvil Authorities!. All officers and enlist ed men, while on duty or assembled 1 i certs each for not to exceed twonty lour drills of his organisation attend ed by him in the year next preceding such camp of Instruction, as deter mined from the records of his organ ization filed from month to month in the office of the adjutant gcnertl and provided further, that each such en listed man so attending camps of In struction must have performed at hast sixty per cent of the duty re quired of him during the year next preaeding such camp of Instruction, to be entitled to the extra compensation for attendance at drills. When on duty or assembled therefor In case of riot, tumult, breach of the peace, insurrection, invasion or war, whenever called In aid of the civil au thorities or when engaged In actual Hold or camp service for instruction as contemplated in Section 14 of the act of congress approved January 21, 1903. conynlssioned orticers shall be entitled to the same pay as commissioned offi cers of the army of the United States of equal grade. Kach officer and en listed man. mounted and equipped, s, i a 11 be paid a reasonable compensa tion per day for each horse actually used by him. 68. Free Transportation]. The of ficers and members of the National Guard shall be allowed free transpor tation for themselves and the proper ty of the state, going to and return ing from any service authorized or di rected by law, their subsistence In Kind or commutation therefor and their quarters, tents and camp equip ments: and the adjutant general and the officers of his department will at all 'trues be prepared to furnish these things as may be required by orders from the governor. 59. Property Kxempt from Taxa tionl. All property belonging to any rgantsation or the National Ouard diail be exempt from taxation or as sessment for any purpose whatever and in case any such organization shall erect or purchase any armory or assembly room, the annual rent of tho same authorised In the next section may be paid Into tho treasury of such organisation. 60. Armory). The commanding fficer of each company, troop or b'at terv and the treasurer of each regi mental band shall provide suitable room or rooms at a convenient place In the clt*' or town where each organ isation is located or stationed with the necessary furniture, fuel, light, lock era. closets and gun racks for an arm ory, assembly and drill room for such organisation and aald room or rooms shall bo under tho Control of tho com manding officer. There shall be paid out the military appropriation such sum aa ahall bo doomed necessary on tha contract mado by the adjutant ratoral and approvod by the governor fir tha rant and furnishing of such id quartern of each or tho Katlor 6S. 1 i ktlqnal Guard, to M*ta South Dakota. 1 two months from their Issue, and the amount thereof shall be raised in the n e a u e o s a i o u n y s u e ceed In their is-ue, ami applied to the payment of sueii certificates. 67. Pay of Officers Serving on Hoards, Commissions and Courts], All officers detailed to serve on any board of commission ordered by the gover nor under his authority, or any court of inquiry, couriniartial, or delinquen cy court, ordered by proper authority In pursuance of any provisions of this act. shall be paid a sum not to exceed' three dollars per day for each day ac tually employed in such board or court or engaged in the business thereof, or In traveling to or from the same. The sum in no case shall exceed ten days' pay and the actual traveling expenses and subsistence, unless, upon applica tion of the judge advocate of a court martial or the presiding officer of a delinquency court, or the presiding of ficer of the board, the officer appoint ing the court or board has authorized such court or board to sit for a longer, period than ten days. An officer de tailed to serve on a delinquency court for the trial of enlisted men shall be paid for each day actually employed therein, engaged in the business thereof or in traveling to or from the same, and traveling expenses and sub Bistence when such court shall be held at a place other than the city or town of bis residence. An officer to whom a war rant for the collection of fines, dues or penalties under tho sentence of a military court is delivered shall be paid by retaining to his own use I twenty-five per cent of the fines, dues or penalties collected by him. Such percentage shall be taxed by the offi cer issuing the warrant and endorsed thereon, and added to the amount col lectable to satisfy tlie sentence of the court. In addition to this percentage a marshal of a military court shall be paid two dollars for each day actually employed in the execution of the du ties required of him, and mileage for actual necessary traveling expenses while engaged in executing any pro cess or mandate of a military court. Mileage shall he computed at the rate of ten cents for each mile necessarily traveled going and returning to serve any process or mandate of a military court, the distance to be computed from the place where It is served to the place where it is returnable. Pay of Officers and Enlisted Men Assigned to Special Duty]. Any commissioned officer assigned to spe cial duty by the governor or under his authority, shall he paid duty pay un less otherwise directed by the gover nor. for the time actually employed,' and his necessary traveling expenses and subsistence, when such payment is authorized by the governor. The judge advocate or his assistant shall be paid for services in bringing any suits provided for ir. ..his act and for i services in actions or proceedings by i habeas corpus, certiorari, or otlier wise, such compensation as shall be approved by the governor. All staff i officers shall be paid duty pay, unless otherwise ordered by tlie governor, for special service ordered by competent authority with ti e approval of the governor. Enlisted men, on duty un i der the orders of the governor, but not at the time serving with troops, i shall receive duty pay, their actual traveling expenses and subsistence. I 69. Salary of the Adjutant Gener al and Expenses of His Office]. The salary of tlie adjutant general shall be fifteen hundred dollars annually, which, with the necessary expenses Incurred In conducting the bureau of fiensions, office and clerk hire, furni- ure. fuel, lights, postage, freight, ex pressage and printing shall be paid from tlie general fund by warrant i drawn by the auditor on the treasurer i of tho state on the order of the gov ernor. 70. Bureau of Pensions], The ad jutant general shall, in addition to his other duties, organize and conduct a bureau of pensions for the purpose of assisting ei-soldiers or sailors, resl dents of tho state, who may apply for penalon for wounds or disability In curred la the service of the United Ui Stato*. la establishing their Without fee or commission. 11], Trespassers and Disturbers to claims, lading officer upon any ocoaaion jr may place la arrest during oanco thertof any porson trespass banded company fd.ail appear with or the sale or use of all spir- of the state of South Dakota be ti^td retain arms or property of the state ituous liquors, wine. ale or beer, by the legislature at Its biennial ses or United States in hi* possesion un- the holding of huckster sales, i sion be approved nnd ratified?" Ins til again mustered or enlisted in serv- i and all gambling within the limits of I mediately to the left of which shall^ be i e. he shall forfeit not less than twen- the post, camp grounds, place of en- printed the words "Yes" and "No," ty-flve or more thaa one hundred dol- i-an\pment, parade or drill under his each preceded by a square in which lars. Command, or witlrtn su'*h limits, not the elector can place a cross to Indi- aa i e i e the month. In such icturn he shall ',ulv commissioned or enlisted In tho state the true number, amount and condition of such arms, accoutrements, stores and property, charging himself Willi the amount on hand at the time of his last return, arid all subsequent ly received, and furnishing vouchers for all returned, disposed of or lawful ly expended, in such manner as shall be prescribed. 64. Civil Organization]. Each company or band may adopt such con stitution, rules or by-laws, not incon sistent with tho laws and military regulations of the United States and of this state, as a majority of all the members thereof may approve and may therein provide tines and penal ties for any violation thereof, which, for absence and refusal to appear for instruction or parade, shall not ex ceed five dollars and all such fines and penalties shall he collectable in an action In the name of the com manding officer as pliantiff before any competent court or magistrate. Such constitution, rules or by-laws shall become operative only wiien approved by the governor. 3 t5. Target Practice], To accus tom the troops to the use of their arms the governor shall order such target practice as the allowance of ammunition will permit and he shall offer suitable medals, badges or trophies to be Inscribed and given in the name of the state to the persons and organizations who upon competi tion shall show their superior attuin- Whenever the United Suites is in vaded or in danger of invasion from any foreign nation, or of rebellion against the authority of the govern nt of the United States, or the presl lt nt is unable with the regular forces *!.s ..l1?!1.1! I1'. ').rov.1^'.ofls nt his command to execute tho laws of the I'nion. and shall call upon the militia of this state or so much there of as he may deem necessary, all or ders issued hy him for that purpose shall pass through the governor of tho strife or lh^- n ljulant general and shall he promptly passed through channel «.fW executed. therefor, pursuant to the orders of a or any part thereof is called for duty judge of the supreme court, sheriff of a county, or mayor of a city, or any civil officer authorized by law to make such a demand on the military forces of tho state, in case of riot, tumult, breach of the peace, resistance to,pro cess, or whenever called upon in aid! of civil authorities, shall receive the pay sot forth and provided for in Sec tion 57 of this act and such compen sation and the necessary expenses in curred in iuartering, caring for. warn ing for duty, and transporting and Kubsisting the troops as well as the expenses incurred for the pay, care and subsistence of officers and enlisted men temporarily disabled in the line of duty, wiillc on such duty, shall be paid by the county where such service is rendered. The county treasurer of, such county shall, upon presentation to him of vouchers and payrolls for Biich expenses and compensation cer- I titled by the officer commanding' such forces, and approved by the governor, i I forthwith execute in behalf of and in I the name of such county a certificate •nents and stores to be delivered up troops going to or returning from any the words: "Shall the above amend- respect to the recipients thereof, and ly whomsoever held and if any per- duties. ment to the constitution In relation 'may provide for a graduated or pro son who was a member of such dis- He shall prohibit and prevent 1 I 62. Transportation of Officers], xceeding one mile therefrom, as he cate his vote. Klectors desiring to such exemptions as it may prescribe. The adjutant general, subject to the pray prescribe. And he may in his dis- vote "Yes" will place a cross before Section hy the custom and usage the United States army. I 71. Annifal Kncampment]. Thero shall be an annual encampment, in spection and muster of all organiza tions of tho National Guard, Y/liich en campment shall be for at least ftva consecutive days at such time an| place as the governor, through the ad jutant general. £hall order ard direct. No person shall be mustered at such time or allowed to appear as a part oj the National Guard unless he shall bo same. nor unless he appear properly uniformed, armed and equipped. Any officer who knowingly or wilfully shall place or cause to he placed on such muster roll the name of any person not regularly or lawfully commission- ed or enlisted, or the name of any mar^ tied?" Immediately to the left^ of which who lias been discharged or lost hi3 membership for any cause whatsoever, or one who has been convicted of a felony or has refused to do military duty, for the six months immediately preceding the annual encampment, shall be deemed guilty of a misde meanor and subject to oourtmartial. 5 75. Rules nnd Regulations). The governor is licrebv authorized to make 'itch rules and regulations as he may deem expedient, but such rules and regulations shall conform to this act, anil as rien-l.v as practicable, to those governing the United States army, and when promulgated shall have the same force and '""ct as the provisions of this act. .Such rules arid regulations Whenever the militia, of this state into the service of the United States, !Ivy shall he mustcod for service without further enlistment and shall ohov all orders, rules, regulations pre scribed for them by the officers or of ficials in their command. Any officer .or enlisted man of the National Guard who shall refuse or neglect to pre s-eiit himself for muster into the serv ice of tho United States upon being called forth so to do shall bo subject :io trial by oourtmartial and shall be punlsihed as such oourtmartial may di rect. All sets and parts of acts In conflict with the provisions of this act are hereby rencnled: and Chapter 23 of the Revised Political Code of 1903. and Chapter 1S5 of the Laws of 1903, are hereby i epenled in their entirety. Appro« ed February 19, 1909. v_ 1 or certificates of indebtedness for tho 1 money required to pay such voucfiers and pay rolls such ccrtiticatea shall bear interest at the rate of not to ex ceed 6 per cent per annum, and shall I be made payable on the 1st day of: February following the expiration of I to the salary of the attorney general approval of the governor, shall have crction abate as common nuisance all tho word "Yes" and those desiring to I United States, and of the state, coun uthority to issue" state transporta- pu"li sales. vote "No" will place a cross before the to the officers of the National 5 72. Military Parades by Unau- word "No." iiard, for the u#e of schools of In- jjtborized Bodies Prohibited]. No body Uated at Pierre, _tho capital, this structlon, boards of survey and exam- of men, other than the regularly or- :25th day of July. A. D. 1910. inatiori, the annual convention of of- ganized troops of the National Guard] —SAWUKf^ C. I'OLURY ficers of the National Guard, for tours of Inpection, administration, and for use of the members of the National Guard when traveling solely on offi cial business. iind militia and the troops of th© Secretary of State. I'nited States, except such independent ,,,_ |nilitary organizations as now are in Proposed Ammlnrnt to the Coaatltu (.••istence or as hereinbefore provided (ton of the State of South Dakota for. shall associate themselves togeth i a military company or organiza j'on or parade in public with firearms in any city or town of this state. S 73. Drill and Discipline]. Tho drill, discipline, organisation and uni form of the National Gr rd shall be jhe same as that of the army of the United States. All matters relating to the organization, discipline and gov ernment of tlie National Guard, not the constitution of South Dakota otherwise provided for in this act, or amended so as to read as follows: n the general regulations. shall be of To the people of the state of South Da\ota: CHAITMi municipal corporation, civil township, (S. D. dMrict or subdivision shall be In An Aet to Divide the State into Con- and designated as District Number I On« anl !istrict Number Two, ami one nnd by each district, Approved March 8, 190#. "Shall tlie above law become a taw of this state?" TE8. NO Proponed Amendment to the Coantltu tlon of the Stnte of South llnkota To the people of the state of South Dakota: The eleventh legislative assembly of itlie state of South Dakota, begun and iheld at Pierre, the capital, on the fifth iilay of January, l'.H1''. and concluded •on tlie fifth day of Alarch, 1H09, pro posed the following mentioned amend jment to the constitution of the state, 'viz: That scction nine of article eight of the constitution of the state of South Dakota be amended so as to Iread as follows: Article VIII Section 9. The lands mentioned In ttiris article shall be leased for pastur age, meadow, farming, the growing of crops of grain and general agricul tural purposes, and at public auction, jiifter notice as hereinbefore provided in case of sale and shall be offered in hracts not greater than one section. All rents shall be payable annually in tulvance. and no term of lease shall I 'xceed five years, nor shall any lease ihe valid until it receives tlie approval »f the governor. Tlie proposed amendment will be voted upon by the people at the gen eral election to lie held in this state 'on Tuesday, the Stli day of November. 1910. The proposed amendment will |be printed upon the ballot followed by iihe words: "Shall the above amend jment to the constitution in relation to renting of nublie lands be approved land ratified?" Immediately to the left (of which shall be printed the words. J'Yes" and "No," each preceded by a (square in which the elector can place a cross to Indicate his vote. Electors idesirlng to vote "Yes" will place a iross before the word "Yes." and those idesirlng to vote "No"' will place a cross before the word "No." Dated at Pierre, the capital, this Jfcth day of July, A. D. 1910. —8AMUKL C. POL.LEY. That article twenty-nine of the con stitution of South Dakota be added to the constitution and shall read as fol lows: AMMe XXIX The salary ot the attorney general of the state of 8outh Dakota shall be jfixed by the legislature at Its biennial •east one The proposed amendment will bo ttwday. tt* That section nine, article seven of bo Article VII Section 10. Any woman having the qualifications enumerated in section 1 of article VII of t:ie constitution oi the state of South Dakota, as to age. residence, anil citi'/.i nship. shall be deemed a qualified elector of this state and shall have all the rights, powers and privileges as a qualified elector thereof as fully as if she were a male person. The proposed amendment will be voted upon by the people at the gen eral election to be h*ld in this state on Tuesday, the 8th day of November. 1910. The proposed amendment will be printed upon the ballot followed by the words: "Shall the above amend ment to the constitution in relation to woman suffrage be approved and ratt shall be printed th» words "Yes" and "No." each preceded by a square in which the elector can place a cross to indicate his vote. Klectors desiring to vote "Yes" will place a cross before the word "Yes," and those desfring to vote "No" will place a cross before the word "No." Dated at Pierre, tho capital, this 2Cth day of July. A. D. 1910. —S AMU EI. C. POLI.EY, k o a Hl!t!ed grossionnl Districts. Be It Knactcd by the Legislature of, .. ., the Slate of South Dal.ota- I ti ropri'N^ntative in the corpiv.s ot* the I a vote tavor ther^oi by a I'nited States shall be -elected from which man shall be a resident, of the district •from which lie shall be elected. Dist net Number One shall consist of and comprise the counties of Aurora, Hea dle. Bon Homme, Urookings, F!rulo, HufTalo, Charles Mix, Clay, Davidson, 1'oughts, Hand, Hanson. Hughes, Hut chinson. Hyde, Jerauld, Kingsbury, 1 1* Lake, l.incoln, MeCook, Miner, Minrie .liaha, .Moody, Sanborn, Turner, Union, Jiml Yankton, and nil the other conn flies of the state, both organized and i »*", approved and rati tied": 'unorganized, shall comprise and con- J"1111"?'*'1 'f..' .}vand ipi stitnte District Number Two. In case Itlrere shall be apportioned to South I'akota additional congressmen after Khe next federal census, said congress 'nian or congressmen shall be elected al large from the entire state until such time aa the legislature shall re district the state. Secretary of Ptate. Proposed Amendment the Constitu tion of the State of Soutb Dakota To the people of the state of South Dakota: The eleventh legislative assembly of he amended o kola be am en ft n re-id as follow "l" o P« P« curred In estimating the amount of-the In debtedness which a municipality or su bdi visioh may incur, the amount of indchiedness contra' a-d prior to the adoption of the constitution shall be included "Shall tlie above law become a law where the population is 8,000 or more, of t! is state'.'" t-nch city may incur an indebtedness !iot exceeding eight per centum upon Provided, that any county, munici pal corporation, civil township, dist rict. or other subdivision may incur an additional indebtedness not exceeding tea per centum upon the assessed valuation df the taxable property tl 'M-cin for the year preceding that in which said lndebtcdnc.-fe is incurred, .. ., or the purpose oi providing water the constitution of the state, viz: ar sewerage for irrigation, domestic uses, sewerage and other purposes tind Provided further, that independent ^school corporations may for the pur reae of erecting school buildings, in i.r an ndditional indebtedness of five (.".) per centum upon the assessed valuation of the taxable property therein for the yt ar preceding that in which said indebtedness is incurred (ind Provided further, that In a city ihe assessed valuation of the taxable property therein for tlie year next receJlng that in which said Indebted in ss is incurred for the purpose of v., i nstrticting street railways, electric !. hts or other lighting plants. ..... Provided further, that no county. *'»th1n such district or subdi !v sion without a majority vote in favor y/1 thereof of the electors n''Jincipal corporation, 8 1. Tl.at' the state of South ia- Mhstr.et or subdivision as the case may :a be and is hereby divided into two ',- which congressional districts to be known tierein, and no such debt shall ever civil township, is proposed to be included curred tor any ot the purposes in tf* n JK'tir'n p'oytneci, ualr^s author- ajority of the ^lectors ol such coun- congress- i '•]'•. municipal corpora turn, i V civil ttiMtri.-t ,or town- subdivision incurring the sarri* The proposed amendment will be voted upon by the people at the gen eral election to be held in this state i on Tuesday, the 8th day of November, 1 0 e o o s e a e n e n w i be printed upon thq ballot followed by the words: "Shall the above amend irent to the constitution in relation to the amount of debt of counties, bo printed the words "Yes" "No," leach preceded by a square in which the elector can place a cross to indi cate his vote. Klectors d«sirh to vote "Yes" will phe.e a cross before the word "Tes," and those desiring to vote "No" place a cross before the word "No." Dated at Pierre, the capital, thla 25th day of July, A. D. 1910. —SAMUEI, C. POLMSY, Sceiitary of Rhile. Proponed Amendment to the COIIMIMu tton of the State of South Dakota To the people of the state of South •1 lakota: The eleventh legislative assembly of the state of South Dakota, begun and held at Pierre, the capital, on tho fifth day of January, 1309. and concluded on the fifth day of March. pro- posed the following amendment to the constitution of the state, viz: That article XI of the constitution of tlie state of South Dakota be amended so as to read as follows: Article Section Secretary of State. Proposed Amendment to tbe Cnaafffa tloa of the State of South Dakota To the people of the state of South Dakota: The eleventh legislative assembly of the state of South Dakota, begun and Iheld at Pierre, the capital, on the fifth day of January, 1909, and concluded jon the fifth day of March, 1909, pro posed the following amendment to the (constitution of the state, viz: 2. SI. mi of Wwiilii, gressive tax therein, with such ex emptions to the surviving husband o wife, children and other relatives a* It may prescribe. Section 5. The legislature shall clas« Bifv incomes in respect to the recip ients thereof, and provide for a graa uated or progressive tax thereon with 6. The property of tha ty and municipal corporations, both real and personal, shall be exempt from taxation. Section 7. The legislature shall, by general law. exempt from taxation property used exclusively for agricul tural and horticultural societies, for school, religious, cemetery and char itable purposes, including church par sonages and houses of the presidents of church colleges and personal pro- Tile eleventh legislative assembly of perty to any amount not exceeding In the state of Sou'h Dakota, begun and lvalue two hundred dollars for each In hehl at Pierre, the capital, on the fifth dividual liable to taxation. day of January, 191.1. and concluded Section 8. All laws exempting pro nn the fifth day of March, 1909, pro- perty from taxation except as pro posed the following amendment to the constitution of the state, viz: vided for in this article, shall be void. Section 9. No tax shall be levied ex cept in pursuance of it law which shall distinctly state the object of tha same, to which the tax only shall ba applied. Section 10. All taxes levied and collected for state purposes shall bo paid into the state treasury. No in debtedness shall be incurred or money expended by the state, and no war rants shall bo drawn upon the stato treasurer, except in pursuance of an appropriation for the specific purposo first made. The legislature shall provide by suitable enactment for carrying thla Section into effect. Section 11. The legislature may vest the corporate authorities of cities, towns and villages with power to make local improvements by special taxation of contiguous property or Otherwise. Kor all corporate purposes, all muni cipal corporations may be vested with' authority to assess and collect taxes but such tax shall be uniform with re spect to persons and property within the jurisdiction of the body levying the same. Section 12. The making of a profit, directly or indirectly, out of stato, county, city, town or school district money, or using the same for any pur pise not authorized by law, shall ba. deemed a felony and shall be punish able as provided by law. Section 13. An accurate statement of the receipts and expenditures of the public moneys shall be published annually, in such manner as the legis lature may provide. The proposed amendment will ba by the people at the gen stato 11,1 iuaas touow.. immediately the left of which shall Article XIII printed the words "Yes" and "No," Section 4. The deht of any county, each preceded by a square in which city, town, school urict, civil town- I the elector can place a cross to indi slip or other subdivision, shall never I cate his vote. Electors desiring to i w five (," per centum upon the vote "Yes" will place a cross before assessed valuation of the taxable pro- i the word "Yes." and those desiring to rtv therein for the year preceding vote "No" place a cross before tho rty therein for the year preceding vote "No" place a cross ti at in which said indebtedness Is In- word "No." Dated at Pierre, the capital, this Xlith day of Jul v. 'A. P. 1910. Tiber, ill by nd ion to "vtoapproved and ratified?" —SAMURL POI,T,EY. Secretary of State. Proponed Amendment to the f'ntiKtltn tiou of tlie State of Smith Dnki-ln To the people of the state of South Dakola: The eleventh legislative assembly of the state of South Dakota, begun and held at Pierre, the capital, on the fifth day of January, 1909. and concluded on the fifth day of Ma'ch, 1909, pro osed the following amendment to That section 6 of article 14 of the constitution of the state of South Da kota be added to tho constitution and Shall read as follows Article XIV The legislature of tho state of South Dakota shall not have the power to establish any charitable, penal, educa tional or other Institution as a state institution until the same has been duly authorized hy a majority vote of the people of the state, voting to es tablish said institution, at any regu lar election in the state and the legis lature shall not make any appropria tion to any institution except those i now established by law. unless ex pressly authorized so to do by a ma i Jority vote of the people of this state 1 at a regular general election upon a proposition duly submitted to the elec tors of the state as provided by law. Tho proposed amendment will be i voted upon by the ptop'.e at the gen eral election to be held in this state t'ie i XI Section 1. The legislature shall provide for an annual tax, sufficient to defray the estimated ordinary ex penses of the state for each year, not do exceed in any one year two mills mii each dollar of the assessed valua tion of all taxable property In the iBtate, to be ascertained by the last as sessment made for state and county purposes. And whenever it shall appear that puch ordinary expenses shall exceed the income of the state for such year, tl.e legislature shall provide for the levying of a tax for tlie ensuing year sufficient with other sources of in come to pay the defit'icney together with the estimated expenses of the year In which sueii levy is made. And for the purpose of paying the public debt, the legislature shall provide for levying a tax annually, sufficient to him fchan keeping him at Work until pay the annual interest and the prin- j..no he drops in his tracks. "I that am cipal of such debt within ten years from the final passage of the law creating the debt. Provided, that the annual tax for the payment of the interest and principal of the public debt Hhall not exceed in any one year two mills on each dollar of the assessed valuation of all tax able property in the state, as ascer tained by the last assessment made for state and county purposes. All taxes shall be uni form on all property and shall be levied and collected for public pur poses only. The value of each subject of taxation shall be so fixed in money I ly made in ixmdon shows that the that every person and corporation average woman there iq tnkinc nnH. .shall pay a tax in proportion to the tuere is taKing 8UP value of his or its property. Fran chises and licenses to do business in the state, gross earnings and net In comes. shall be considered in taxing corporations and the power to tax cor porate property shall not be surren dered by any contract or grant to which the state shall be a party. The legislature shall provide by general law for the assessing and levying of taxes on all corporate property, as near as may be, by the same methods as are provided for assessing and levying of taxes on individual proper ty. Section 3. The legislature shall pro vide for taxing all moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise and also for taxing the notes and bills dis- Rth day of November, of the county, The proposed amendment will be be printed upon the ballot, followed by the words: "Shall the above amend ment to the constitution in relation to establishment of new state institu tions be approved and ratified?" Im mediately to the left of which shall be printed the words "Yes" and "No," each preceded by a square in which tlie elector can place a cross to indi cate his vote. Klectors desiring to vote "Yes" will place a cross before the word "Yes," and those desiring to v.te "No" will place a cross before the word "No." Dated at Pierre, tho capital, this 2&th day of .lulv. A. .10io, —SAMUKh C. i'OhLKY, Secretary of State. RELIEF FOR AGED H0RSIS Effective Efforts Put Forth to Secuiw Human# Trea* -tent for Friend of Man. One of the pleasant signs of tho limes s the gro iv. disposition, man ifested in many quarters and through many agencies to remember the an cient proverb, that "a merciful man will be merciful to his beast." In Its efforts to bring about the hu mane disposal of old or wornout horsos the Rostnn wm-lr hnroo j. ,5 j°8l°n W (°IK borse parade association is meeting with encoui^ aging success, the Globe of that city says, and it believes that disabled or superannuated horses, especially such as are owned by large concerns and by city governments, ought not to b« Bold. Many of the larger corporation never sell an old or wornout horto others see that tbey fall into good hands when they dispose of them, and still others graduate their horses to lighter work aa equine old age comas on. There la an old-age pension schema for horses in this country. In several European countries the problem la Bolved by eating the horse—a mora compassionate method of treating ,ucl"uu ui ireaung cruel am yet merciful," said tho Moor of Venice. counted or purchased, moneys loaned, J: 7^ and all other property, effects or dues i insteps that are more UtMl of every description, of all banks and thaw the average English ot banaers so that all property em ployed in banking ahall always be sub ject to taxation equal to that imposed tq« __ property of individuals. 9* 4, Hm legislature may olaa- i W i a- 'jte if $ English Women's Feet Larger. English women rapidly are becom ing rivals of tlie Chicago women. They are devest ing big feet. Sta tistics prove it. Investigation recent- stantial fives and sixes in shoea in stead of the little twos and threes which were not uncommon in tho past. "The average size of English women's feet," said a member of a shoe firm in the Strand, "Is growing gradually larger. In the last ten years the smallest size In which we produce new fashions has risen. The reason that we do not stock the small sizes is that we have no demand (or them. Eight Is no uncommon size for a woman to wear. American women cannot wear English boots, as they average English Instep^ which is usually fiat" The same boot* maker, however, said he had obsorvod that in tho ease oC Americas their foot were gating smaUsr. -i'-V-i t' 4 A.