CHAPTER 56.-MILITIA.

3747 SECTION 1. [Who liable to duty.] Every able-bodied male citizen of this state between the ages of eighteen and forty-five years, not expressly exempted by law, shall be subject to military duty and be designated as the militia. [1887, chap. 50.]

3748 SEC. 2. [When enrolled.] When it is necessary to execute the law, suppress insurrection, or repel invasion, or when a requisition is made by the president of the United States for troops, the governor, ás commander-in-chief, shall, by his proclamation, require the enrollment of the militia of the state, or such portion thereof as may be necessary, in a manner herein provided.

3749 SEC. 3. [Number-Enlistment.] The active militia shall be designated as the "Nebraska National Guard"; shall be recruited by volunteer enlistment; shall consist of not more than two thousand men, and shall be assigned to regiments and brigades by the commander-in-chief. All enlistments therein shall be for three years, and made by signing enlistment papers in duplicate according to a form prescribed by the adjutant general, and taking the following oath or affirmation, which may be administered by the enlisting officer or any commissioned officer of the rank of captain, to wit:

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You do solemnly swear (or affirm) that you will bear true allegiance to the United States and the state of Nebraska, and that you will support the constitution thereof, and that you will serve the state of Nebraska faithfully in its military service for the term of three years unless sooner discharged, or you cease to become a citizen thereof, and that you will obey the orders of the commander-in-chief and such officers as may be placed over you, and the laws governing the military force of the state of Nebraska-So help me God.

3750 SEC. 4. [Organization-Discipline.] The organization of the Nebraska National Guard shall conform to the provisions of the laws of the United States, and the system of discipline and of exercise shall conform as nearly as may be to those of the army of the United States.

3751 SEC. 5. [General-Staff.] The staff of the commander-in-chief shall consist of an adjutant general with the rank of brigadier-general, who shall be exofficio chief of the staff; a quartermaster and commissary general and a surgeon general, each with the rank of colonel; an inspector general with the rank of lieutenant colonel; a judge advocate general with the rank of major and as many aidesde-camp as he may think proper each with the rank of colonel, who shall serve without pay or emoluments in time of peace. The adjutant general shall issue and transmit all orders of the commander-in-chief with reference to the militia or military organizations of the state, and shall keep a record of all officers commissioned by the governor, and of all general and special orders and regulations, and of all such matters as pertain to the organization of the state militia and Nebraska National Guard, and perform the duties of a adjutant, quartermaster, and commissary general, except in time of war or insurrection, in which case the duties of the commissary and quartermaster general shall be performed by that officer. He shall have charge of, and shall receive and issue all ordnance and ordnance stores, camp and garrison equipage, and other public property pertaining to the militia or national guard of the state, on the order of the commander-in-chief. The adjutant general shall receive for his services the sum of one thousand dollars ($1,000) per annum.

CHAP. 56. "An act to amend an act entitled 'An act to establish a military code for the state of Nebraska,' approved February 28th, A. D. 1881, and to repeal chapter 64, laws of 1881, as now existing." Laws, 1887, chap. 50. Took effect July 1, 1887.

He shall have charge of and carefully preserve the colors, flags, guidons, and military trophies of war belonging to the state, and shall not allow the same to be loaned out or removed from their proper place of deposit. He shall furnish, at the expense of the state, all proper blank books, blanks and forms, and such military instruction books as shall be approved by the commander-in-chief. He shall also, on or before the first day of December next preceding the regular session of the general assembly, make out a full and detailed account of all the transactions of his office, with the expenses of the same for the preceding two years, and such other matters as shall be required by the governor; and shall also report at such other times as the governor may require. He shall make such reports, returns, etc., to the war department or the president of the United States as may be required by law or regulations. He shall reside at the state capital, and shall hold his office during the pleasure of the governor. The quartermaster and commissary general shall take care of all public property belonging to his department, and when required by the commander-in-chief shall procure transportation, supplies, subsistence, etc., for the troops. He shall make such reports and returns to the war department and the president of the United States as may be required by law or regulations, and shall annually report to the commander-in-chief on or before the first day of December of each year a complete inventory of such property and the place in which it is deposited, with a detailed account of all articles consumed or issued and money expended in his department not previously reported. The quartermaster and commissary general shall execute all orders given him by the commander-in-chief and shall execute a bond with sureties to the state, to be approved by the state treasurer, in the sum of fifteen thousand ($15,000) dollars, conditioned for the faithful performance of the duties of his office. The surgeon general shall examine and determine the candidates for regimental surgeons and hospital stewards, and shall under the direction of the commander-in-chief, have general supervision and control of all matters pertaining to the medical department of the Nebraska National Guard. He shall prescribe the physical and mental disabilities exempting from military duty. He shall be the chief purchasing and disbursing officer of his department. He fills all requisitions, as he shall approve, made upon him for medical and hospital supplies for use of sick or wounded while on actual duty, when such requisitions are made by the surgeons or assistant surgeons of regiments or detachments. He shall make such inspection in regard to the sanitary condition of encampments and care of sick in hospitals as he may deem necessary and report in writing on or before the first day of December of each year to the commander-in-chief through the adjutant general. He shall keep a roster of all medical officers of the Nebraska National Guard, and shall be informed by the adjutant general of all changes by commission, discharge, death, or leave of absence. The inspector general superintends all in-' spections of the national guard and militia made in compliance with the law, regulations, or the special orders of the commander-in-chief. He shall report in writing to the commander-in-chief through the adjutant general on or before the first day of December in each year, stating what has been done during the year by himself and assistants, calling attention to what is defective and suggesting remedies for existing errors. The judge advocate general is the legal adviser of the military department of the state of Nebraska in such matters pertaining to the government of the national guard and militia as may be referred to him by the commander-in-chief. He reviews all proceedings of court martial which require the action of the commander-in-chief, reporting thereon in writing. He brings such suits as may be required by law. He shall on or before the first day of December in each year make his annual report to the commander-in-chief through the adjutant general. He may be detailed by the commander-in-chief to attend any encampment, and in

such case has, during the encampment, within the encampment and for a distance of one mile from the guard-line, the jurisdiction of a municipal court over all offenses committed in said time.

3752 SEC. 6. [Brigade and staff.] The regiments, battalions, and companies shall constitute one brigade under the command of a brigadier-general, appointed by the commander-in-chief; on the recommendation of the brigadier-general, the governor may appoint and commission the brigade staff, as follows: One assistant adjutant general and one surgeon, each with rank of major; one quartermaster and one commissary of subsistence, each with the rank of captain; and two (2) aids-decamp, each with rank of first lieutenant; all of whose commissions shall expire with that of the brigadier-general recommending their appointment.

3753 SEC. 7. [Regiment-Officers.] Each infantry regiment shall consist of ten companies, one colonel, one lieutenant-colonel, one major, one surgeon, and one chaplain, each with the rank of captain; one adjutant, one quartermaster, one sergeant-major, one quartermaster-sergeant, one hospital steward, and one chief musician, who shall be instructor of music, and two principal musicians. The adjutant and quartermaster shall be extra lieutenants, selected from the first lieutenants of the regiment.

3754 SEC. 8. [Infantry company.] Each company of infantry shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster sergeant, four sergeants, four corporals, two musicians, all to be nominated by the company, and not less than thirty nor more than forty privates. The governor may increase the number of privates to fifty whenever the exigencies of the service may require such increase.

3755 SEC. 9. [Cavalry troop.] A troop of cavalry shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster sergeant, five sergeants, four corporals, two trumpeters, two farriers, one saddler, one wagoner, and such number of privates, not exceeding seventy-eight, as the governor may direct.

3756 SEC. 10. [Artillery battery.] Each battery of artillery shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster sergeant, four sergeants, four corporals, two musicians, two artificers, one wagoner, and as many privates, not exceeding one hundred and twenty two, as the governor may direct. One first lieutenant, one second lieutenant, two sergeants, and four corporals may be added to this battery organization at the discretion of the

governor.

3757 SEC. 11. [Regimental band.] Each regiment may be provided with a regimental band which shall consist of not more than twenty nor less than twelve members.

3758 SEC. 12. [Qualification of militia.] No enlistment shall be allowed other than able-bodied male citizens of this state between the ages of eighteen and forty-five years. In time of peace no minor shall be enlisted without the written consent of his parents or guardians, and no allowance pay or compensation shall be given by the state to any enlisted man not certified by the surgeon of his regiment to be able-bodied in accordance with the standard prescribed by the surgeon general. 3759 SEC. 13. [Officers-Term of service.] All officers shall hold their commissions for the period of three years, unless sooner discharged by resignation or otherwise; but the commissions of officers of the staff of the commander-inchief shall expire with the term of office of the governor. When an officer is reelected or re-appointed no new commission issues, but a certificate of such election

or re-appointment must be endorsed upon his original commission. Such officer shall take rank from the date of original commission. When an officer subscribes to the oath of his office and is sworn before some civil officer having authority to administer an oath, it shall constitute his muster into service unless otherwise mustered, and the date at which said oath is administered shall be considered the date of said muster.

3760 SEC. 14. [Officers-How chosen.] The brigade, regimental, and company officers shall be chosen from among the officers and men of the Nebraska National Guard upon recommendation of the respective commands subject to the approval of the governor, who shall issue his warrant of commission to said officers.

3761 SEC. 15. [Non-commissioned officers.] The commandant of each company from its enlisted men shall nominate its sergeants and corporals to the commander of his regiment (on recommendation of the members of each company) who shall issue his warrant of appointment to the person nominated.

3762 SEC. 16. [Compensation in service.] The military forces of this state, when in the actual service of this state in time of war, insurrection, invasion or imminent danger thereof, shall receive compensation as follows: For the first ten (10) days or any portion thereof, privates, musicians, and non-commissioned officers, one dollar ($1.00) each with one ration or commutation thereof per diem; commissioned officers to be entitled to the same pay and allowances as are at the time of said service allowed by law in the army of the United States. For a longer period of service than ten (10) days, commissioned officers, non-commissioned officers, musicians, and privates shall be entitled to and receive the same pay and allowance as are at the time of said service allowed by law in the army of the United States. Regimental surgeons when not on regular duty with their regiments, or officers ordered on special duty by the commander-in-chief, shall receive such pay for their services as may be determined by the commander-in-chief.

3763 SEC. 17. [Same-In peace.] No officer, non-commissioned officer, musician, or private shall receive any compensation from the state during time of peace, except as in this act provided: First-The adjutant general shall receive an annual salary of one thousand dollars ($1,000.00), which shall be in full for all duties performed under this act. Second-When in attendance at annual muster or camp of instruction, the Nebraska National Guard shall receive the following compensation per diem: Non-commissioned officers, musicians, and privates, one dollar and one ration per day or commutation thereof; all commissioned officers the same pay and allowances as are allowed in the army of the United States at the time of said service to officers of like grade. For all specified day drills at other times commissioned officers actually present on duty shall receive two dollars, and non-commissioned officers, musicians, and privates one dollar per diem.

3764 SEC. 18. [Pensions.] If any soldier is wounded or otherwise disabled, or is killed, or dies of wounds received while doing military duty according to the law, in case of invasion, insurrection, or disturbance of the peace, he, his widow, or children shall receive from the state such just and reasonable relief as the legislature shall deem proper.

3765 SEC. 19. [Military board.] There shall be a military board consisting of the adjutant general, brigadier general, two colonels commanding regiments, and the judge advocate general, who shall be commissioned as such by the commander-in-chief, and who shall hold their respective offices as members of said board during the term of office of the governor appointing them.

3766 SEC. 20. [Same-Powers and duties.] The state military board shall constitute an advisory body to the commander-in-chief on all the military in

terests of the state; they shall audit all claims and accounts of a military character against the state, and no contract on behalf of this state for military purposes shall be valid as against the state until the same shall be approved by this board; they are hereby authorized and empowered to prepare and promulgate the necessary provisions, rules, and regulations for the organization, government, and compensation of the Nebraska National Guard, not inconsistent with the laws of the United States or of the state of Nebraska, and said provisions, rules, and regulations, together with such alterations or amendments as may be required from time to time, when approved by the commander-in-chief, shall be in force from the date of their publication in general orders; they shall have power to make any changes in the military organization of this state that may become necessary to conform said organization to the laws of the United States; Provided, That the expenses thereof to the state shall not be increased by such change.

3767 SEC. 21. [Same-Compensation.] The state military board shall meet at the call of the president for the transaction of such military business as may require their attention, and in times of peace shall receive the following compensation: The adjutant general such pay as is now or may hereafter be provided; the other members of the board shall be paid their actual expenses while in actual attendance at meetings of the board and five (5) cents per mile each way from their place of residence to the place of meeting by the direct and usually traveled route; Provided, That the total amount paid to said board shall not in any year exceed the sum of one hundred and fifty dollars ($150.00). A majority of said board shall constitute a quorum for the transaction of business. Said board shall meet in the office of the adjutant general which shall be provided in the state house, and in which all records, books, papers, and other matters pertaining to military affairs shall be kept.

3768 SEC. 22. [When liable to duty.] The Nebraska National Guard, heretofore mentioned, shall be liable at all times to be ordered into active service, and shall be first called out by the commander-in-chief on all occasions for military service within the state, in time of war, invasion, riot, rebellion, or reasonable apprehension thereof; or upon the requisition of the president of the United States, the commander-in-chief may order out for active service such further portion of the militia as he may deem necessary, or to comply with the requisition of the president of the United States, designating the same by draft, if a sufficient number shall not volunteer, and may organize the same in the manner therein provided for organizing the Nebraska National Guard and commissioned officers therefor, and when so ordered out for service the militia shall be subject to like regulations and services from the state, and the same compensation as that prescribed for the army for the United States; Provided, That the Nebraska National Guard shall not be called into the service of the United States, but the members thereof are subject to be called into the service of the United States only in manner herein provided for calling the militia into active service of the United States.

3769 SEC. 23. [Same-Draft.] In case of a draft the commander-in-chief shall apportion it equitably among the several counties, taking care that the said apportionment shall be equitably made among the several townships or precincts of the counties, in such manner as he may prescribe. He shall, in case of any such draft, appoint a time and place of parade, and shall have such other and further power as may be necessary to carry into effect the provisions of this act relative to any such draft.

3770 SEC. 24. [Annual enrollment.] The names of all male citizens of this state between the ages of eighteen and forty-five years shall annually, at the time of assessment of property for taxation for county and state purposes, be en