charge or such other punishment as a court martial may legally impose. orders, warning Sec. 51. The publication, according to military Publication of uses of the written or printed orders from or through or duties regimental or battalion headquarters by the company required. commander announcing the duties to be performed shall be sufficient warning to the officer or soldier directed to perform such duties. Military duties shall require the attendance of commissioned officers, noncommissioned officers, musicians and privates, on all occasions of drill, parades, inspections and encampments and active service ordered by the commanding officer of the company, battalion, regiment, or the Commander-in-chief, or provided for by the company bylaws, unless excused therefrom by the officer having authority to grant such excuses, and while on such duty or going to or returning from the same, obedience shall be rendered to all rules, regulations, usages, customs and requirements of the army of the United States and of this State. army adopted. Sec. 52. The regulations of the United States United States army are hereby adopted for the guidance of the Na- regulations tional Guard of Utah; the U. S. drill regulations for infantry, cavalry and artillery, shall be exclusively used for drill purposes. Sec. 53. The Commander-in-chief may divide the districts. State in three or four military districts, and may thereafter require that every company, battalion or regiment, for a period not exceeding eight days each year, assemble in their several districts for field and camp duty for the purpose of study and instruction in the operation of war. The Governor shall designate the point in each district where said troops shall assemble. when militia is Sec. 54. When any portion of the military forces Rules in force of this State shall be on duty under or pursuant to the on duty. orders of the Commander-in-chief, or whenever any part of the State forces shall be ordered to assemble for duty in time of war, insurrection, invasion, public danger, any breach of the peace, tumult, or resistance to process of this State, or imminent danger thereof, the rules and articles of war and general regulations for the government of the army of the United States so far as they are applicable, and with such modifications as the Commander-in-chief may prescribe, shall be considered in force and regarded as part of this act. Arrest for disobedience to orders. Sec. 55. The commanding officer of any troops under arms may cause them to perform any military duty he shall require and also put under guard any officer, non-commissioned officer, musician or private who shall disobey the orders of his superior officer, also all other persons who shall trespass on parade or camp grounds or in any way or manner interrupt or molest the orderly discharge of duty of those under arms; and also may prohibit and prevent the sale of spirituous liquors (except by licensed houses already located) within one mile of such parade or encampment; and, also, in his discretion, all hucksters or auction sales or gambling, may be abated as a nuisance. Sec. 56. The Adjutant General shall, at the expense of the State, provide the several departments provide books, or organizations, on their requisitions, the necessary Adjutant general to etc. Uniforms, arms and equipments. Regimental band. Exempt from poll tax. exempt from executions. rosters, books of record, blanks, rolls, and other papers required by law under such regulations as may be adopted in the Adjutant General's office. Sec. 57. The uniform, arms and equipments of the National Guard shall be identical with those of the regular army of the United States, excepting that the coat of arms of the State shall be substituted for the eagle as in the regulation United States button. Uniforms and equipments issued by the State for militia purposes, shall not be sold or used for other purposes, and shall be exempt from all civil process. Sec. 58. Each regiment of infantry and cavalry may have a band containing one leader with the rank of sergeant major, two principal musicians with the rank of sergeant and not more than twenty privates. Sec. 59. Every officer, non-commissioned officer, musician and private of the National Guard of Utah, shall be exempt from head or poll tax of every description during the time he shall hold a commission as officer, or be enrolled as an enlisted man in the National Guard of Utah. Sec. 60. The uniforms, arms and equipments of Uniform, etc., every member of the National Guard of Utah shall be exempt from all suits, distresses, executions or sales for debt or payment of taxes. The members thereof shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at drills, parades, encampments, and the election of officers, and in going to and returning from the same. Guardsmen privileged from arrest. supplies. Sec. 61. The Governor is hereby authorized to Arsenal and provide a suitable arsenal at the seat of government for the storage, safe keeping and preservation of all arms, ordnance stores, and other military supplies, and no such stores shall be issued to the National Guard, except upon requisition of the officer requiring the same, particularly specifying the stores required; and a good and sufficient bond with sureties to be approved by the Adjutant General shall thereupon be executed by the requiring officer as may be necessary to protect the interests of the United States and the Governor of Utah as the agent of the United States in that behalf; which bond shall be in such form as the Governor or Adjutant General may prescribe. of arms, stores, Sec. 62. Arms, ordnance stores, quartermaster's Use and inisuse stores, camp equipage, and other military property, etc." whether issued by the United States as the property thereof or purchased, owned and issued by the State shall be deemed for all the purposes of this section the property of the State and shall be used only in the discharge of military duties. Any member of the National Guard who shall embezzle, misapply, retain in his possession without authority, or who shall wilfully or wantonly injure or destroy, or who shall dispose of, secrete or remove, without authority any such property, shall be deemed guilty of a misdemeanor and subject to trial in time of peace by a justice of the peace or public magistrate in any county where the accused may be found and on conviction thereof shall be fined in a sum double the value of the property involved together with the cost of prosecution and in default of payment thereof shall be imprisoned not less than one nor more than three months in the jail of the county where the offense was committed or where the court is held. Any person not a member of the National Guard who shall knowingly and wilfully receive, in pawn or in pledge, or who shall purchase or otherwise acquire, or who shall have in his possession and refuse upon demand of the proper authorities to deliver as thereby required any such property, shall be deemed guilty of a misdemeanor, and upon conviction by any court of competent jurisdiction shall be fined a like sum as to the value and cost of prosecution, and in default of payment shall undergo imprisonment in the jail of the county in which the offense was committed for a like period; and it is hereby made the duty of County attorney to prosecute offenders. Military company not to leave State. military forbidden out Students in educational institutions excepted. every county prosecuting attorney on complaint of any officer of the National Guard that the offense last aforesaid has been committed, to take and file said complaint with the proper court and to prosecute the same. So much of the money assessed as the value of such property in either of the cases aforesaid shall be paid to the Adjutant General when collected to enable him to replace by purchase the articles of property involved in the prosecution, and the remainder shall be paid, into the treasury of the State. Sec. 63. It is hereby made the duty of the county prosecuting attorney of each county of the State wherein any of the offenses punishable by fine or imprisonment mentioned in this act have been committed, or wherein the accused has been arrested, to prosecute such accused person at the expense of the State. Sec. 64. No military company unless called into the service of the United States shall leave the State with arms and equipments without the consent of the Commander-in-chief, and any company so offending in this particular, may be disbanded by the Commanderin-chief. Sec. 65. It shall not be lawful for any body of men Organization of whatever other than the regular organized militia of company this State, and the troops of the United States, to asside of militia. Sociate themselves together as a military company or organization or to drill or parade with arms in this State or wear the uniform of the National Guard either as an individual or member of any such body; Provided, That students in educational institutions where military science is a part of the course of instruction may, with the consent of the Governor drill and parade with arms in public under the superintendence of their instructors, and may take part in any regimental or brigade encampment under command of their military instructor; and while so encamped shall be governed by the provisions of this act. They shall report and be subject to the commandant of such encampment; Provided further, That nothing herein contained shall be construed so as to prevent benevolent or social organizations from wearing swords. Colors and flags. Sec. 66. Each regiment or separate battalion shall have two colors, the first (or national colors of Stars and Stripes) similar to that in use by the armies of the U. S. The second (or regimental colors), to be blue with the arms of the State embroidered in white silk on the center, underneath this a red scroll with the number and name of the regiment, the fringe yellow, cord and tassels blue and white silk intermixed. The hospital and ambulance flags and the flags for markers and general guides shall be similar to those used by the United States army. Sec. 67. When an officer of the National Guard of Retired list. Utah in good standing has served five years as a commissioned officer he shall if he make application therefor to the Commander-in-chief be retired from active service and placed upon the retired list. When in the opinion of the Commander-in-chief any officer has become incapable of performing the duties of his office he shall be ordered before a retiring board to be assembled by order of the Commander-in-chief. When such a board finds an officer incapacitated for active service it shall report its findings to the Commander-in-chief, and, if in the opinion of the board the incapacity has resulted from no fault of the officer examined he shall be placed upon the retired list. Sec. 68. The act approved March 8, 1894, and all acts and parts of acts inconsistent with the provisions contained in this act are hereby repealed. Sec. 69. This act shall take effect upon its approval. Approved April 3, 1896. CHAPTER LXXXV. CODE COMMISSION. AN ACT providing for the Revision, Codification and Annotation of the Be it enacted by the Legislature of the State of Utah: SECTION 1. As soon as practicable after the pas- commission to sage of this act the Governor shall appoint three qual- codify laws. ified persons, who shall constitute a commission to revise, codify, and annotate the laws of this State. Sec. 2. Said commission shall be known as the Name. |