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It li-rrrif Jallons Pj, fTT i" ttlgmal oorps may bo lecreased to th« extant kjr the aew condition* kd or UCiCMM kuscreated. .p«, tovirnn ihtll htv* the power, U* mm of,war, Insurrection, Invasion, arlmmlnent danger, to increase the WrM beyond -the maximum established '.ta! tne law, and to organize the same, With the proper offlcera, as the exigen cies ef tneaervice may require. IT It. Organization of National Quard.] The military units of the na- anal guard shall, be'eomposed and or fcnisedln the same and under the same Peculations as the same units ar« or .Btay.be organized and composed in the army of the United Statos rs neany (im possible or as may be prescribed (rem time to time by the secretary of war, and subject to the provisions of tkif act shall be as follows: Ml Infantry. A company shall consist of one cap tain, .one first lieutenant, one second lieutenant, one first sergeant, one quar _-termas tej. eergaant. four sergeants, six Mfferais, tWo cooks, two musicians, •pfartificer and forty-two privates. Thd minimum strength of a company ahall be fifty-eight enlisted men. A battalilon shall consist of one ma jor one battalion adjutant (first lleu tenant), one battalion quartermaster and commissary (second lieutenant), •no battalion sergeant major and four eomlpanles of infantry total enlisted. Minimum, 233. A regiment shall consist of one colo nel, one lieutenant colonel one adju tant (captain), one quartermaster (captain), one commissary (captain). tpaptain), ae inspector of small arms practice one chaplain, one sergeant Major, one quartermaster sergeant, one OOmmlssary sergeant, two color ser flreanta, three battalions of infantry, and band consisting of the following: One •brief musician, one principal musician, one drum major, four sergeants, eight corporals, one 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), and two Pf1898,act istant surgeons (captains or firrt itenants), as prescribed In Section the of Congress approved April Or one surgecn 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 lass than two, each of which should •onslst of four companies but where the four oompanics cannot be assigned to a battalion it may be composed of three companies, with the fourth com pany skeletonized. Similarly when four •ompaniefe cannot be assigned to sep arate battalion it rnajr be composed of lay liree companies. Other companies, whleh for sufficient reasons it Is Im practicable to assign to battalions, shall xlst as separate companies ani bat of incomplete battalions which eannot be combined with regiments of at leaet eight companies shUli exist as •sparate battalions. R»ws: A brigade shall ordinarily consist of greeseparatefull 'o or more regiments of infantry, being the normal organization rgi separate battalions and companies may be assigned thereto and provisional brigades consisting of two ar more regiments of not less than fish companies each may be organized 'for! the purpose of instruction or ma neuvers. A brigadier general Is the proper •ommander for a brigade, but in case af 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 •f officers detailed From the several taff corps and departments, as fol- One adjutant general, major, adju tant general's department One quartermaster, major, quarter master's department. On* commissary, major, subsistance department. One sufguon, major, medical depart ment. TWo aids, lieutenants, from the line. In Addition to the staff officers enu merated in the foregoing list, such -other start officers as are considered ne aeasary may be designated for duty on the Start or'a brigade, but officers so designated must belong to some staff, K*ps or department, or to the line, and .detailed for duty on the brigade •tan. At camps of Instruction, or when deemel necessary, the-governor may attach to a brigade such troops of cav alry, batteries of artillery, and orga- f•ar lzattons of special troops as may ap to him to be advisable. The medical department of the orga nized militia. shall consist of the offi .«.#ra„_necftsti&ry to... perform the. duties iartaining to the medical department m', the starts of brigades and divisions nd at camps, depots, and other similar illtary establishments of the but jis and assistant surgeons attached regiments, separate squadrons and ttauons, troops, batteries and corn alts .for the purpose of furnishing edlcal attendance of the medical cf isers requisite for the organization of aueh ambulance companies and field ftospltals as may be authorized, and of Ilia hospital corps. When necessary professional nurses may be provided. The hoapitai corps shall consist of ireoants first class, sergeants, Corpo ra, private* first class, and privates of a oorps assigned for duty to the dif rent regiments, squadrons, battalions, oops, batteries and .companies and to depots, and other similar millta bllshments, or belonging to such anoe companies and field hospit als, aepota, ana other s_ establishments, or belonging to such buianoe companies anc' nay be organized. The. Mlnimum enllrted strength of an neulanoo eoi ITS: sargi ante, 14 privates first class, total en stad (minimum) 48, One assistant *fe«n- (captain), and two assistant rfaana (first lieutenants), may be "id to duty with an ambulance A •mfculaaoe eompany shall" "be" "is fol- '.laws: eergeants, first class, 7 ser as- com- The minimum enlisted strength of a eld hespltal shall be as follows: 3 first ~^aanta first class, sergeants, 24 ite* first elass and privates, total Jtad (minimum) 33. One surgeon ijor). and four assistant surgeons fMBtaina or first lieutenants), may be lAdiltiiad to duty with a field hospital. The slgnal corps shall, be a start corps Mi shall. consist- of the commissioned ere necessary for the performance atlas of signal officers on the dlf tataffs, and other duties properly Jnlngtothe signal corps of the icere assigned to duties with compa ms of the signal corps and of such nilsted men of the grades named here after aa may be deemed necessary, ser- *y ...... master signal electrician, •tot Jr«t claes, sergeant, corporals, ks. privates first Class and privates. JTte Aha nurnoioj:^r (^ministration, nies of toe signal corps .may be •ad. Tha minimum enlisted of the different grades for mpany shall be as follows: 6 first class, 5 sergeants, 10 2 cooks. II privates first 18 privates total enlisted (mini- Mii The. normal quota of commls ^ta for a coinpany of tha slg jje- captain and two first ba.irrada of second Ueu auLtnoriiied for tbi Signal Alt officers shall tey the governor at ^BSleSwJtnissiOTed Unless the »ttf net.forth in the next two wave been compiled with, and paoognlsod as am offl -ba.ve been com ahi^ ha## taken tfao oath- :doin~. inwtaj^««:iMRcera must tht Mptted States and of Isawsaifflsaf oxpellodordiehono of the front. anyfmilitary «r *aU l»a com.' iatata- ana i'ein'iMre»t ribwl' ,ca ttt^which' Ho ia A aatenai a«V:*. hia "appolntr tiliaetM the line, at Ike tine of his appoint ment, must either be an officer in na tive service, or for two successive years immediately preceding his ap pointment must have been in active service In the national guard of this state as a commissioned officer, or if net In active service at the time of his appointment, must have had prior servioe of ut least six years in the national guard of this state, or In the arnty of the United States, or in both combined as a commissioned officer. All start officers except medical officers and chaplains must have served one year Immediately preceding their appoint ments in the national guard of this state. The assistant judge advocate general must be a counselor at law of the supreme court of ths state of at least four years standing of the grade of major. Surgeons and assistant sur geons must.be duly licensed and prac ticing physicians and surgeons under the laws of this state, and of at least fifteen years' practice If of the grade of colonel, of at least ten years' prac tice if of the «-rade of lieuteant eefonel, of at least five years' practice If of the grade of major, of at Uast three years' practice if of the grade of captain, and of at least two years' practice If ef the grade ef first lieutenant. An engineer officer of the National Guard must have been educated as a military or civil en gineer. A chaplain must be a regularly ordained minister of some religious de nomination. 23. Appointed and Sleeted Offi cers.] The officers on the start of the adjutant general, the field and line of ficers of signal corps, the extra offi cers allowed to regiments, battalions and squadrons for staff duty, surgeons and assistant surgeons and chaplains shall be appointed and assigned by the governor upon recommendation ef their Immediate commanding officers subject to the provisions of this act. In case of original appointment from civil life the selection snail be made by the gover nor upon reliable recommendations and subject to any examination which may be prescribed by regulations or orders. When the governor desires to create new organizations, he shall have the power, in first Instance, to appoint all the officers necessary to commence and complete such organization. All start officers shall be selected from the members of the National Guard. All promotions of the field and line officers of the National Guard shall be determined by reniorlty unless other wise ordered by the governor (provided, that second lieutenants of companies may bo selected by election under such rules as the governor may prescribe provided further, that before any offi cer shall ba promoted and commission ed he may at the discretion of the gov ernor be required to pass an examina tion as to his fitness and qualifications before a board of his superior officers detailed f»r that purpose. S 24. '^vevet Commissions]. The gov ernor may, upon the recommendation of their commanding officers, confer brevet commissions of a grade equal to tho highest grade In which they ^ave previously served, oi of a grade next higher than the ordinary er brevet commission ever held by them, upon officers of the National Guard in activs service, for psllant conduct or for mer itorious service of not less than twen ty-five years. Such commissions shall carry with them only such privileges or rights as are allowed in like cases in the military service of the United States. 25. Supernumerary Officers]. Com missioned officers who shall be render ed surplus by reduction er dlsbandment of organisations, or in any manner pro vided by this act now or hereafter, may be withdrawn from active service and placed upon the supernumerary list. The governor may upon the recommen dation of t.he adjutant general detail supernumerary officers for active duty, and he may relieve them from such duty and return them to the supernum erary list at his discretion. 5 26. rtesignatlon of Officers}. A nnpimlssioned officer tendering- his res ignation before having served five years, if the governor shall accept, shall receive an honorable discharge If he has served years or more he shall receive a full and honorable dis charge provided, he shall .,ot be un der arrest or returned to a military court for any doflcicncy or delinquen cy and provided further, he be not In debted to the state In any manner, arid that all his accounts for money or public property be correct. 27. Examination and Discharge c-f Officers], The governor may, when ever he may deem that the good of the service requires it, order any com missioned officer before a board of ex amination, to consist of not less than three or more than five general or field officers, which Is hereby Invested with the power of court of Inquiry and courtsmartial, and such board Khuii *vam!e into the moral ehitvav ter, capacity, and general fitness for the service of such commissioned of ficer, and record and return the testi mony and a record of the proceedings. If the findings of such board be un favorable to such officer and be ap proved by the governor, he shall be dlsclif rgod from the service. No offi cer whose grade or promotion would in any way be affected by the decision of such board, in any-case that may come before it, shall participate In the, examination or decision of the board in such case. Failure to appear when ordered before a board constituted under this section shall be sufficient ground for a finding by such board that the officer ordered to appear be discharged. II 28. Dismissal]. An officer who shall have been absent without leave for a period of six- months or more may be dismissed by the governor. S 29. Removal]. A commissioned officer can not be removed from office without his consent, except by sen tence ef a general courtsmartial or as provided in this chapter. 1 30. Oath, by Whom Administer ed]. The adjutant general and all of ficers of the general start and com manding officers of regiments, battal ions, and companies, are cach and ev ery one hereby authorized to Adminis ter any oath required to be mado in the administration of the .mlll-iia laws of this state. I 81. Enlisted Men of the National Guard]. Any man who is a-citizen of the United States or has declared his Intention to become a citizen, if more than eighteen and less than forty-five years of age, able bodied, free from disease, of good character and tem perate habits, may be enlisted in the National Guard of this «tato unJer the restrictions of this act. tor a term of not less than three years except that men may be enlisted as musicians if more than sixteen years of age. No minor shall' be enlisted without the written «ofts«nt of his parent or guardian. A man who has been ex pelled or dishonorably discharged from any military organization of the state or United States sh»ll not be eligible for enlistment or re-enllst ment unless he producs written con sent to such enlistment of the com manding officer of the organization from which he was expelled or. dis honorably discharged and of the com manding officer wh tlsion or iksued sue approved the ex i.un dishonorable ischarge. Men who have been discharged by reason of dlsbandment may be enlist ed and shall then receiv* credit tor tha perlVd served a't tKe time of such dlsbandment A man discharged for physical disability aha.ll. if such dis aBillty~ ce&se and he a^aln enlist, or a shall, if he again enlist, receive cred it for tho period \aerved prior to such discharge. Band masters, drum majors, chief .trumpeters, veterinary sergeants, members of tha hospital corps, and musicians may be enlisted as such. 'I 32. Re-enlistinents], Any man who has served the period .of.his orig inal enlistment. may be re-enlisted for ft- term or one year- or -more. S3. Enlistment Papers], Ev?ry person who enlists or re-enlists shall siS»» and ^make oath to an enlistment pap** which shall contain an oath of allegiance to th* state and tha United Stetea -and to Jn sucb form *s may be jwt^-sjneli aatn anan be ta WL auHetmant shall be i.'^ar- 0OB' ""iktnjKp OfjTKnfaetton. a oattt as to any toad in aech anllat- ... naa way •wu- -fW®* cation In tha same regiment or battal ion or squadron not part Of the regi ment, from one oompany or troop to another, by the commanding officer of such regiment, battalion Or squad ron from one regiment, battalion or squadron not part of a regiment, sig nal corps, separate troop, battery, or separate company, to another in the same brigade, by the commanding of tne brigade from one brig fleer of brigade from one brigade to another by the governor. Non-com mlssloned officers must be returned to the ranks before they can be transfer red. 35. Non-commlssU^ed Officers]. Commanding officers of the regiments and of battalions and k.-juadrons not part of regiments shall appoint and warrant the non-commissioned staff officers of their respective regiments, battalions or squadrons, and they shall !n their discretion warrant the non commissioned officers of the troops, batteries and companies of their re spective regiments, battailons and squadrons from the members thereof, upon the written nomination of the commanding officers of the troops, 1-ttterles and companies respectively. In troops, batteries and companies not a part ef a regiment, battalion or squadron, and lu signal corps the non commissioned officers shall oe war ranted by the commanding officer of the troop, battery, company or sigrnal corns. No enlisted man shall be war ranted as a non-commissioned officer unless he shall have passed an exam ination satisfactory to his Immediate commanding officer. The officer war ranting a non-commissioned officer shall have power to reduce- to the ranks for good and suuiclent reasons the non-commissioned officers named In this section but such as were en listed as non-commissioned officers shall be discharged. Non-commission ed officers who shal? be dropped va cate their positions. 5 38. Dropping from the Rolls], An enlisted man who shall remove his residence to such distance from the armory of his organization as to ren der it impracticable for him to per form his dutk» properly, or who after due diligence cannot be found, or who shall be convicted a felony, or who siiu.il be expelled frOm his organ ization In accordance with by-laws lawfully adopted, may be dropped from ihe rolls of his company, bat tery, troop or siR-nal corps by the or der of tlir comniandinft officer of the brigade, regiment, battalion or squad ron not a part of a regiment. I 37. Taking Up from Droppedj. An enlisted man dropped by reason of removal may be taken up at any time within three years after such removal in his former or any other organisa tion, obtaining In the latter case first the written permission of his former commanding officer approved by the officer upon whose ordor he was drop ped. An enlisted man dropped for re moval mav be taken up at any time after three "ears from such removal, upon his own application approved by the officer upon whose order ho was dropped. The taking up shall be done under the orders of any officer who is authorized to order the dropping of men tho man thus taken up shall re ceive credit for the term served before having been dropped. 38. Retirement]. The governor may apnoln? enlisted men and com mission them, without examination, second lieutenants by brevet, upon the recommondation of their respect ive commanding officers, and place them upon the retired list at the same time, provided they have well and faithfully served the state in the Na tional Guard for a period of twenty five years. 39. Discharges], An enlisted man who has siot returned all the public property for which he Is responsible, under no circumstances s^.ill recuive a Cull and honorable dlscha.-^e. A discharge, or an honorable dis cbarg'e, at the discretion of the officer discharging him, shall be granted to the following: A noncommissioned staff officer, or a noncommissioned officer who, had he not been enlisted p's such, would be reduced to the ranks An enlisted man at his own request, provided he assign sufficient and valid reasons for such request An enlisted man who by reason of disability is no longer able to perform his military duties properly: An enlisted man who bv the reduc tion of his regiment, battalion or squadron has become surplus, or whose signal corps, troop, battery, compjiny or band shall be disbanded, provided he is not entitled at the time to a full and honorable discharge An enlisted man who has served the time for which he enlisted or re-en listed and is not entitled to a full and honorable discharge. A full am! honorable discharge shall be granted to the following: An enlisted man who shall have per formed in each year at least sixty per cent of the duty his signal corps, troop, battery, company, band, squad ron or battalion not part of a regi ment, or regiment, has been required by law and orders to perform during his term of enlistment or during his total service in case the same has been extended beyond the term for which he enlisted. An enlisted man who falls to perform sixty per cent of duty •during any year of his service may continue service at the option of his commanding officer and make up such deficiency. An enlisted man who continues in service after the ex piration of his term of enlistment or re-enlistment, shall, in case he desires a discharge, 'give fifteen days' notice of application therefor to the officer authorized to grant the same. And such officer may in his discretion grant such torm forthwith or hold the same until the expiration of fifteen days. An enlisted man shall be held for 'ser vice until his discharge is granted and issued. A discharge without honor shaJl be given to the following: An enlisted man fined bv any mili tary court, who shall neglect or re fuse to pay such line within ninety days after it is imposed An enlisted man whose Immediate commander applies to have him dis charged for the good or the service, after giving him ten days' notice of such application and an opportunity to be heard In defense of his conduct Discharges mentioned above shall be granted by the commanding officer of the regiment, battalion or squadron not a part of the regiment in case of signal corps, separate troops, batteries or companies, by the commanding offi cer of the subdivision to which they are attached. Enlisted men may be dishonorably discharged pursuant to tho sentence of a general courtmartlal. I 40. War Service.] For all pur poses under this act, officers and en listed men of the organized mili tia who entered the United States ser vice in the Spanish-American war, snail, en re-entering the organized militia, be entitled to credit for the forces ot may direct. the United States in that war, as if the service j^d^boen rendered ia the organized mi- ,141. Responsibility for Efficiency.! Tm adjutant general by direction of k? f2Xf rno 5? ay Cttus members of m* Guard to perform any an 118 shall be respon ,fo.l\.???eral_ effi- arms and artillery practice, move troops' and care of' the wmmanuring officers of organisa tions shall be responslblr to thfir im mediate commanders fo the equlp rnent,- drill, instruction^ movements m»ndf re*»-sotive com- jAll commissioned officers and enlist ed men shall be responsible to their immediate commanding officers for SrSner il?PlL anShth',aUnsr obedience, SJJSJ5 preservation ani proper um the property nf th* state or the United StatSs, or organi sation, in their possession. "gam Drills and Parades.] Officers •an® eniivtedmenef each troonblt tory and coaspany. shall aMemSU foJ and unoerga «MU and instruction at the-comnattTv- bat»»u. "i: .ait.wr'^ «ann»uiai" SX t*»» twernt£f?ur ®*ch trcop^M- 5f&35fc§SS8f "St! sSSg a* tls* governor In addition ta suoh 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. Each troop, battery or company not especially excused by the governor, will be required to participate for at least five consecutive days annually In practice marches or camps of in struction under such regulations as the governor may prescribe, and under such instructors as he may appoint. S 48. Conduct of Commanding Offi cers In Aid of Civil Authorities.] In case of any breach of the peace,tu mult, r*ot or resistance to the process of this state, or Imminent danger thereof, a justice of the supreme court or the circuit or county court, or muni cipal judge of a city, or sheriff of a county, or mayor of a city, may call for aid upon the commanding officer of. the organization of the National Guard stationed therein or adjacent thereto: provide*, that such call must be In writing and subject to the ap proval of the governor. The com manding officer upon whom the eall is made shall order out in aid of the civil authorities the military force or any part thereof under his command, and shall immediately report what he has done and all circumstances of the case to the governor, and if it appear to him that the power of th« county be not sufficient to enable the sheriff to preserve the peace and protect the lives and property of the peaceful res idents of his county or to overoom® the resistance to the process of this state, the governor must, on applica tion of the sheriff, order out such mil itary force from any other counties or county as Is necessary. AVhen an armed force is called out for the pumose of suppressing an un lawful oi riotous assembly it must follow the orders In relation thereto of the civil officers calling it out and render the required aid but such or ders of the civil officer shall extent only to a direction of a general or specific object to be accomplished and the duration of service for such troops, but the tactical direction of the troops, the kind and extent of l'orce to be used, and the particular means to be employed to accomplish the ob ject specified by the civil officer shall be left solely to the officer In com mand. 8 44. In Case of Insurrection or In vasion.] In case of insurrection or invasion or Imminent danger thereof within the limits of any command, the senior commanding officer of such command, with the approval of the 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 of the case to the gov ernor and his immediate commanding officer. 45. Warning for Duty]. Orders for duty may be oral or written. Offi cers and enlisted men may be warned for duty as follows: Either by stating the substance of the order or reading the order to the person warned, or by delivering a copy of such order to such person, or bv leaving' a copy of such order at the last known place ef 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 person by mail, directed to him at his last known place of abode or business, or to the postoffice nearest thereto. Such Warning may be given by any officer or noncommissioned officer. The officer or noncommissioned officer giv ing such warning shall make a return thereof containing the names of the person warned, and the time, place, and the manner of warning. Such re turns of warning shall be verified by hi* oath, which may be administered by any commanding officer such veri fled return shall be as good evidence on the trial of any person returned as a delinquent of the facts stated there in as if such officer or noncommission ed officer had testified to the same be fore the delinquency court on such trial. Every commanding officer shall make the like return, on honor, and with like effect of every delinquency and neglect of duty of his officer and noncommissioned officer, and also to every enlisted man who shall refuse or neglect to perform such military duty as may be required. S 46. Excuse from Duty.] The of ficer ordering any military duty shall have the power to excuse anj' officer or enlisted man for absence therefrom upon good and sufficient grounds. 47. Discipline an?. Exercise.] The system of discipline and exercise of the National Guard of this state shall con form generally to that of the army of the United States as it is now or may her«aft«r ho nrescvib^d by the presi dent, and to the provisions" of the^laws of the United States, except as other wise provided In this act. 5 48. Military Courts.] The mili tary courts of this state shall be: 1. General courtsmartial, 2. Garrison courtsmartial. 3. The summary court. 4. Courts of inquiry. 5. Delinquent courts, which are of two kinds: (1) For officers, (2) for en listed men. Tho constitution and jurisdiction of courtsmartial the form and manner in which the proceedings of military courts shall be conducted and record ed. and the forms of oaths and affir mations taken in the administration of military law by such courts, the limits and punishments and the pro ceedings in revision shall be govern ed by the nrticleo of war and the laws and procedure of the courtsmartial of the United States. jjl 49. Indemnity for Action of Mili tary Court.] No action or proceeding shall be prosecuted or maintained against a member of a rpilltary court or officer or person acting "under his authority or reviewing its proceedings on account of the approval or imposi tion or execution of any sentence, or the Imposition or collection of a fine or penalty or the execution of any warrants, writ, execution, process or mandate of a military court. 5 50. Presumption of Jurisdiction.] The jurisdiction of the courts and' board established by this act shall be presumed and the burden of proof shall rest on any person seeking to oust such court or board of jurisdic tion in any action or proceedings. I SI. Organization.] All organiza tions of the National Guard shall be provided by the state with such arms, equipments, colors, camp and parrisOn Oquippage, books of instruction and of record, and other supplies as may be necessiary for the proper perform ance of the duty required of them by this act and each organization shall keep such property in proper repair and in good condition. I 82. Commissioned Officers Uni form.] K-very commissioned officer shall provide himself with arms, uni forms. and equipments prescribed and approved by the governor. I 53. Enlisted Men. Uniforms]. Every enlisted man who enters the service of the state for three years shall be furnished by the state with a uniform corrspondlng in make and general appearance to the uniform of the United States army. I 54. Dress Uniforms.] Regiments, battalions and squadrons not part of regiments may, with the consent or the governor, adopt a dress uniform of thiilp -own in/J ft* tjjair QX- property, and no one shall be relieved from such responsibility except it be shown to the satisfaction of the gov ernor that the loss or destruction of such property was unavoidable and in no way the fault of the person respon sible for the same in all other casoa the value of the property lost or de stroyed shall be' charged against tha person at fault or to the organization to which it has been Issued, and such person or organisation, if not relieved from such 'charge by tha governor, •MILmX: tha value op sucfe. property, .to tneHntmitnt generai wittim two yaars after vouch loss or destruction, to be by him deposited wit)j the. state traaa ttrtr -w tne ep«cia miiiqa Tuna. Toe destroyed property inflation ta be value af lost or *nd the person or orgai charged therewith shall be determined a bbard to oonalst of thraa afflcera of the National -Guard to be appoint ed by tho governor. In eaaa of disa greement such value ahall be Axed by the adjutant general. I Wearing of Uniforms]. it ahall ba unlawful far tajr being in the military or naval service of the United States 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. Every per son who shall violate the- provisions of this section shall be fined not less than twenty-five nor more than one hundred dollars provided, that this prohibition and penalty shall not ap ply to any person in the service of the 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 unworthiness, 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 United States discharged from any other cause tkan his own unworthi ness, wearing the uniform of his last rating, until four months aiter the date ef said discharge and provided further, 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 ?.re conducted and an officer of the United States army has been detailed as Instructor, to wear such uniforms as they new are or may be required by their regulations to wear provi«led further, that the adjutant general may, 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 and under suoh restrictions as the adjutant gen era] may frum time to time prescribe, which permission may be withdrawn at any time if the adjutant general shall deem such action expedient. It shall be unlawful for any com mon carrier, innkeeper or proprietor or lessee of any place of public amuse ment or entertainment, or any agent, servant, or representative of such common carrier, innkeeper or propri etor or lessee as aforesai'1, to disbar from the full and equal c. ioyment of the accommodations, advantages, fa cilities or privileges of any public con veyance 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 United States or of this state, wearing the uniform 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 gu'lty of such viola tion, his actual damages and one hun dred dollars in addition thereto, and evidence that such person disbarred was at that time sober, orderly and able and willing to pay for said en joyment in accordance with the rate fixed therefor for civilians, shall be prima facie evidence iti said action that he was disbarred on account of hij wearing such uniform or of his be ing in such service. It shall be unlawful for any mem ber of the National Guard, or any other person, to f\-ear any portion ot the uniform or use anv part of the equipment of the South Dakota Na tional Guard, except in the perform ance of military duty, unless he is per mitted to do so by the governor. Any person so offending, shall be diemed guilty of a misdemeanor, and upon conviction thereof, be fined not to ex ceed twenty-five (25) dollars. 8 67. Duty Pay], Eae'.i oflicer, non commissioned officer and enlisted man ordered for duty shall be entitled to receive the same duty pay as provided and allowed to men, noil-commissioned officers 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 his authority, shall be 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 beyond one day, and ex cept as hereinafter provided for camps of in*t mrf ion, us follows! U,st?,d a«i« UOllC Property.] Every officer and enlisted man to whom public property of the state has been issued shall be person ally responsible to the state for such A musician or private, $1 a corpor al, $1.25 a sergeant, $1.50 a first ser geant, commissary sergeant, quarter master sergeant, drum major, battal ion sergeant major, signal corps ser geant, color sergeant, and sergeants first class of the hospital corps, $2 a regimental sergeant major and prin cipal musician, $2.25 a non-commis siuueu oiiu-er performing the duties of a grade higher than his own shall be entitled to receive the pay o£ such,,,-, lugher grade a private acting as a I non-commissioned officer shall receive I. served a full five years of enlistment AO A vr'fl #1 ii .. 1 II. 1 for each day's duty during the second five years of his service and a further additional pay of twenty-five cents per day for duty for each succeeding five years of service. Provided, that pay of enlisted men and non-commissioned officers attach ad to companies, bands or signal corps, when on duty at camps of instruction, shall be the same as provided and al lowed to such enlisted men of the United States army, and in addition thereto each such enlisted man shall receive a sum not to exceed twenty cents each for not to exceed twenty four drills of his organization attend ed by him in tho year next preceding such camp of instruction, as deter mined from the records of his organ ization fl'.ed from month to month in Hie office of the adjutant general and provided further, that each such en listed man so attending camps of in struction must have performed at least sixty per cent of the dutv re quired of him during the year next preceding such camp of instruction, to be entitled to the extra compensation for attendance at drills. When on duty or assembled therefor In case ot riot, tumult, breach of th» peace, insurrection, invasion or war whenever called in aid of the civil au thorities or when engaged in actual field or camp service for instruction as contemplated tn Section 14 of the act of congress approved January 21. 1903 commissioned officers shall be entitled to the same pay as commissioned offi cers of the army of the United States of equal grade. Each officer and en- 0 the pay of the grade In which he is '(""Uiwith execute in behalf of and in acting each enlisted man who has a mounted and equipped shall be paid a reasonable compensa tion per day for each horse actually used by him. I 51. 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 times be prepared to furnish these things as may be required by orders from the governor. tJ Exempt from Taxa tion]. All property belonging to anv .-srciniZinoh National Guard shall be exempt from taxation or as sessment for any purpose whatever: case any such organization shall erect or purchase any armory or organization. faraaa aet iBt# th' mandlniir »Sc« T1ihi SIt, »T| ilTi' naid fwka i°i'i fuJi* tr#MUry #f such _l*®- Armory], Tha commanding officer of each company, troop or bat tery and tho treasurer of each rerl band ahall provide suitable f* EL iTi.rconi3 convenient place In tae cit* or town where each organ ization Is located or stationed with the necessary furniture, fuel, light, lock ers, closets and gup racks for an arm ory, asaembly and drill room for such 1 and said room or rooms tha oonttict Mde^ tS""^/ifta«t wul approved by the governor »n« furnishing of sSeh armory Cor band ^uartera af eaeJi or tk* National Ouard, to 'v?a &5WSW S"a,SKasi ln ar'hiJi" 1 8. c«rP*s. Cp£d aDDrov«fl k» Jk** nhSi m&bm ate, or Its members lose lntoraat If their arganizatlon or when upon tm spection it shall appear to be not pra perly organized or conducted, or whoa musters or returns shall not ba nukda as required by law, or the good of tha service shall recommend it, tha gover nor may muster out the same by or der, and mly direct all arms, accoutre- ments and stores to be delivered uy by whomsoever held and if any per son who was a member of such di« banded company shall appear with or retain arms or property of tho atata or United States in his possession un til again mustered or enlisted in serv ice, he shall forfeit not less than twen ty-five or more than one hundred dol lars. 62. Transportation of Officers]. The adjutant general, subject to tho approval of the governor, shall have authority to issue state transporta tion to the officers of tho National Guard, for the use of schools of in struction boards of survey aad exam ination, the annual convention of of ficers of the National Guard, for tours of inpection, administration, aad for use of the members of the National Guard when traveling solely on afll cial business. S3. Muster Roll]. On the first day of November of each year eaeb and every company and band of tho Na tional Guard shall be mustered by the commanding officer thereof, aad dup licate muster rolls shall be prepared and furnished by the adjutant general with full instructions for filling out the same, such muster rolls shall set forth the officers in order of rank, and the enlisted men in alphabetical order, distinguishing recruits since last mus ter, and truly state the residence, ago and date of enlistment of each, and such other facts as shall \oe required by orders, on the form prescribed. On said muster days every such command ing officer shall inspect all arms, ac coutrements and stores 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 winch shall be hied with the adjutant general on or before the 20th day of tiie month. In s'ich return he shall state the true number, amount and condition of such arms, accoutrements, stores and property, charging himself with the amount on hand at the time of ills last return, and all subsequent ly received, and furnishing vouchers for all returned, disposed of or lawful ly expended, in such manner as shall be prescribed. (14. Civil Organization]. Each company or band may adopt such con stitution, rules or by-laws, not incon sistent with the 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 fines and penal ties for any violation thereof, whloh, for absence and refusal to appear for instruction or parade, shall not ex ceed five dollars and all such fines and penalties shall be collectable in an action in the name of the com manding officer as pliuntiff before any competent court or magistrate. Such constitution, rules or by-laws shall become operative only when approved by the governor. 5 65. Target Practice]. To accus tom the troops to the use of their arms the governor shall order such target practice as the allowance or ammunition will permit and he shall offer suitable medals, badges or trophies to be inscribed and given in the name of the state ta the persons and organizations who upon competi tion shall show their superior attain ments as marksmen. The provisions 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. 66. Pay When Aiding the Civil Authorities], All officers and enlist ed mer,, while on duty or assembled therefor, pursuant to the orders of a, 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 forcer of the state, in case of riot, tumult, breach of the peace, resistance to pro cess, or whenever called upon in aid or civil authorities, shall receive the pay sot *orth and provided for in Sec tion 57 of this act and such compen sation and liin necessary expenses in curred in quartering, caring for. warn ing for dutv, and transporting and subsisting tne troops as well as tho expenses incurred for tho pay, caro and subsistence of oRlcers and enlisted men temporarily disabled in the lino ty. while on such duty, shall b* paid by the county where such service is rendered. The county treasurer of sue., county shall, upon presentation to him of vouchers and payrolls for such expenses and compensation cer-v.Dl- ineu the or ?p Ule or shall be entitled to additional pay at money required to pay such vouchers the rate of twenty-five cents per day fin? Ir fll fir fh officer commanding such anJ approved by the governor, name of such county a certificate certificates of indebtedness for the ncl a rolls such certificates shall bear interest at the rate of not to ex ceed 6 per cent per annum, and shall be made payable on the 1st day of February following tho expiration of two months from their issue, and the amount thereof shall be raised in the next tax budget of said countv, suc ceeding their issue, and applied" to the paymeat of such certificates. 67. Pay of Officers Serving on Boards, 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, courtmartlal, or delinquen cy court, ordered by proper authority li 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 !rhe sum In no case shall exceed ten days' nnrt cIliLi act,,al traveling expenses 0 UI1 ess Ve P° appllca- Judge advocate of a court- ma. tial or the presiding officer of a S. our j' or the _presidlng of- v? board, the officer appoint ing the court or board has authorized such court or board to sit for a longer F,7,l°,ld tlmn tcn days An tr officer le- i° a delinquency court rnu f»r enlisted men shall be paid for each day actually employed T^Scd In the business 1 °J i" ?. ve,in E to or from the traveling expenses and sub- slstence when nuch court shall be held hiP Ce.^° cr than the city or town of his residence. An officer to whom a warrant for the collection of fines of a naU,e nder th ret sentence *tary court is delivered shall *ining to his own use Per ?, ent the flneS- a c,°l'ected F" "8S by him. Sucb sf 1 be taxed by the offl- cer Issuing the warrant and endorsed a t0 caurt Tn° ?v?- the amount col- fy the sentence of thai a*'flition to this percentage 8 "Votary court shall be dollars for each day actually execution of the du- him, and mileage for" actual necessary tra\-oling expenses tvhlie engaged In executing any pro 'yfn'Lr.zJ military court. shall be computed at the rata ot ten cents for e&r.h mil* »i«. going and returning to"~s"eVve any process or mandate of a militarv court, the distance to be computed *r°m the place where it is served ta here it is returnable. fay of Officers and Enlisted •*S!''sned to Special Duty], Any commissioned officer assigned to sne S ,k by. the governor or under !Siis Si* "th*' paid duty pay un- ft less otherwise directed by the Vover If tha time actually "m£££d oS!» necessary traveling expenses and subsistence, when such payment .« "thorised by the gov^nor^ The P* °.r his assistant shall otherwise ordered by tha governor far Wt authorit^* wi'th •ird*r"' I s*£ XW In bringinr any suits provided for In «his act arid t»r 5* v1 Jw.-. actions or proceedings by £was certiorari SfcfiJ nsat on "all b, «rnor All staff Mjcers shall. bo paid duty pay uiUhi by pen 1 *W«i «®»JMtent tha time"serving'^fth** troops* traveling'.*' dUty p*y' the,r ot actuai *«*.w nd subsistence. ,h« Adjutant Gener al and Expenses of fllj OMwi Srtaain .l*"*djutant general shall bo afteea hundred dollars aaaually.