Service of the National Guard and Naval Militia.

S$ 86-88

§ 86. Civil officers who may call on commanding officer for aid, and conduct of national guard and naval militia officers.— In case of any breach of the peace, tumult, riot or resistance to process of this state, or imminent danger thereof, a justice of the supreme court, a county judge or recorder or city judge of a city, or sheriff of a county, or mayor of a city, may call for aid upon the commanding officer of the national guard or naval militia stationed therein or adjacent thereto; such call shall be in writing. The commanding officer upon whom the call is made shall order out, in aid of the civil authorities, the military or naval force, or any part thereof, under his command, and shall immediately report what he has done and all the circumstances of the case, to the governor and the commanding officer of the national guard or commanding officer of the naval militia, as the case may be. If it appear to the governor that the power of the county be not sufficient to enable the sheriff to preserve the peace and protect the lives and property of the peaceful residents of this county, or to overcome the resistance to process of this state, the governor must, on the application of the sheriff, order out such military force from any other county or counties, as is necessary. When an armed force is called out for the purpose of suppressing an unlawful or riotous assembly, it must obey the orders in relation thereto of the civil officer calling it out, and render the required aid. The orders of the civil officer may extend to a direction of the general or specific object to be accomplished and the duration of service by the active militia, but the tactical direction of the troops, the kind and extent of force to be used and the particular means to be employed to accomplish the object specified by the civil officers are left solely to the officers of the active militia.

887. In case of insurrection or invasion.—In case of insurrection or invasion or imminent danger thereof, within the limits of any command, the senior commanding officer of such command shall order out for the defense 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 governor and the commanding officer of the national guard or commanding officer of the naval militia, as the case may be.

§ 88. Warning for duty.-Orders for duty may be oral or written. Officers 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 by leaving a copy of such order at the last known place of abode or business of such person with some one of suitable age and discretion, or by sending a copy of such order or a notice containing the substance thereof to such person by mail, directed to him at his last known place of abode or business, or to the post-office nearest thereto. Such warning may be given by any officer or non-commissioned officer. The officer or non-commissioned officer giving such warning shall make a return thereof containing the names of the persons warned, and the time, place and manner of warning. Such return shall be verified by his oath, which may be administered by any commanding officer; such verified return shall be as good evidence, on the trial of any person returned as a delinquent of the facts therein stated, as if such officer or non-commissioned officer had testified to the same before 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 officers and non-commissioned officers, and also of every enlisted man who shall refuse or neglect to perform such military duty as may be required.

§ 89. Excuses from duty.—The officer ordering any military duty shall have the power to excuse any officer or enlisted man for absence therefrom upon good and sufficient grounds.

§ 90. Discipline and exercise.-The system of discipline and exercise of the national guard and of the naval militia of this state shall conform generally to that of the army and navy of the United States, respectively, as it is now, or may hereafter be prescribed by the president, and to the provisions of the laws of the United States, except as otherwise provided in this chapter.

ARTICLE VII.

MILITARY COURTS.

SECTION 91. Military courts.

92. Courts of inquiry.

93. General and garrison courts-martial.

94. Service of charges.

95. Offenses of officers triable by general court-martial; penalties. 96. Offenses of enlisted men triable by general court-martial;

penalties.

97. Delinquency courts for officers.

98. Delinquency courts for enlisted men.

SECTION 1. Persons subject to militia duty; exemptions.—All able-bodied male citizens between the ages of eighteen and fortyfive years, who are residents of this state, shall constitute the militia, subject to the following exemptions:

1. Persons exempted by the laws of the United States.

2. Persons exempted by the laws of this state.

3. All persons in the army, navy or volunteer forces of the United States, or who have been honorably discharged therefrom.

4. The members of any regularly organized fire or police department in any city, village or town, and exempt firemen who have served their full term in any fire company, but no member of the active militia shall be relieved from duty therein because of his joining any such fire company or department.

5. All persons who have served five years in the active militia of this state, and have received a full and honorable discharge.

6. Justices and clerks of courts of record; registers of deeds; sheriffs; ministers of the gospel; practicing physicians; superintendents, officers and assistants of hospitals, prisons and jails; lighthouse keepers; conductors and engineers of railways; seamen actually employed as such.

7. Idiots, lunatics, paupers, vagabonds, habitual drunkards and persons convicted of infamous crimes.

All such exempted persons, except those enumerated in subdivision seven, shall be liable to military duty in case of war, insurrection, invasion or imminent danger thereof.

§ 2. Enrollment.-Whenever the governor shall deem it neces sary, he may order an enrollment to be made by officers designated by him, of all persons liable to service in the militia. Such enrollment shall state the name, residence, age and occupation of the persons enrolled, and their previous or existing military or naval service. Three copies thereof shall be made; one shall be retained by the enrolling officer, one filed in the office of the town or city clerk in which the enrolled persons reside, one in the office of the clerk of the county in which the enrollment is made, and the original in the office of the adjutant-general. If the governor so direct, such enrollment shall show separately all the seafaring men of whatever calling or occupation; all men engaged in the navigation of the rivers, lakes and other waters of the state, or in the construction and management of ships and crafts, together

the trial of military offenses committed by enlisted men, when subject to the articles of war, may be appointed by the officer thereto authorized by such articles, and shall possess the jurisdiction and power to sentence and punish exercisable by such courts thereunder prior to the passage of the statutes of the United States creating summary courts. Such court shall consist of three officers, and the oaths of members, the organization of the court, its procedure, and the record of its proceedings shall be in the form prescribed for that of general courts-martial convened under this article. 894. Service of charges. When an officer or enlisted man is put in arrest for the purposes of trial, a copy of the charges and specifications upon which he is to be tried shall be delivered to him or left at his last known place of abode or business, within twenty days after his arrest, and a court shall be ordered for his trial within thirty days after the notice of arrest is received by the officer authorized to order the court. If a copy of the charges and specifications be not served, or a court be not ordered within the time herein limited, the arrest shall cease, but such charges and specifications may be served, a court ordered and the officer or enlisted man be brought to trial within twelve months after such release from arrest. The appearance of the accused, without objection, and pleading to the charges, shall be deemed a waiver of any defect or irregularity of such service of any of the papers mentioned in this section.

895. Offenses of officers triable by general court-martial; penalties.-Commissioned officers may be tried by general court martial for the following offenses :

1. Unmilitary or unofficer-like conduct.

2. Drunkenness on duty.

3. Neglect of duty.

4. Disobedience of orders or any act contrary to the provisions of this chapter, or to the provisions of the regulations for the government of the national guard.

5. Refusing to grant a discharge to an enlisted man when entitled to the same.

6. Oppression or injury of any under his command.

7. Conspiracy or attempt to break, resist or evade the laws of lawful orders given to a person, or advising any person so to do. 8. Insult or disrespect to a superior officer in the line of mili tary duty.

militia, but not serving in the national guard or in the naval militia of the state.

§ 6. Commander-in-chief.—The governor of the state, by virtue of his office, shall be the commander-in-chief of the militia of the state, except of such portions as may be at times in the service of the United States. When unable to perform his duties as such, except in cases when the lieutenant-governor or president of the senate under the laws of the state would perform them, the senior line officer of the national guard shall command the militia of the state.

7. Staff of the governor.-The staff of the governor shall consist of one adjutant-general of the grade of brigadier-general, one military secretary of grade not above that of colonel, and fourteen aides-de-camp, all of whom shall be appointed by the governor and hold office during his pleasure, and whose term of office shall expire with the term of office of the governor appointing them. Four of the aides-de-camp may be appointed by the governor of such grade as he may desire, but not above that of colonel. The above ten aides-de-camp shall be appointed by the governor from the commissioned officers of the national guard and the naval militia in active service of grade below that of colonel, and their appointment shall operate as a commission as aide-de-camp, but shall not add to the actual grade of the officers so appointed. Officers so appointed as aides-de-camp shall not be relieved from duty with their respective organizations, but shall perform all duty pertaining thereto, except when actually on duty as aides-de-camp under the orders of the governor. (As amended by chap. 507 of 1899, § 1.)

§ 8. Power of the governor in case of invasion, et cetera.— The governor shall have power, in case of insurrection, invasion, tumult, riot or breach of the peace, or imminent danger thereof, to order into the active service of the state any part of the militia that he may deem proper. When the militia of this state, or a part thereof, is called forth under the constitution and laws of the United States, the governor shall order out for service the active militia or such part thereof as may be necessary, and if the number available be insufficient he may order out the remainder of the militia or such part as may be necessary. During the absence of organizations in the service of the United States their state designations shall not be given to new organiza