shall be the duty of said board, whenever they may deem it necessary, to assist in the prosecution and conviction ofany and all persons guilty of any of the crimes and misdemeanors against the laws of this territory, in feloniously branding or stealing any stock, or any other crime or misdemeanor under any of the laws of this territory for the protection of the rights and interests of stock owners.

ers may ap

and

SEC. 7. The said board of stock commissioners are Commissionhereby authorized, and it is made their duty, to appoint point stock insuch stock inspectors and detectives as they may spectors deem detectives. necessary for the better protection of the live stock interests of the territory.

Stock inspeogive

SEC. 8. Said stock inspectors and detectives, so employed, shall each make and execute a bond, with two tors to sufficient sureties, in the sum of three thousand dollars bonds. ($3,000), to the territory of Montana, conditioned for the full and faithful discharge of their duties. Said bond to be filed with, and approved by, the secretary of the territory, and shall each take and subscribe an oath to support and uphold the constitution of the United States and the laws of the territory, and faithfully and impartially perform the duties of their office, which oath shall be filed. with said secretary of the territory.

tors.

SEC. 9. Said stock inspectors and detectives are hereby empowered, and it shall be their duty, to arrest all persons who shall violate the stock laws of this terri- stock tory which shall come under their observation, and shall, upon information that any person or persons have committed any crime or misdemeanor against the laws of this territory, in feloniously branding or stealing any stock, or any other crime or misdemeanor under any of the laws of this territory for the protection of the rights and interests of stock owners, make the necessary affidavit for the arrest and examination of such person or persons, and shall, upon warrant issued therefor by any officer authorized to issue the same, immediately arrest such person or persons, and bring them before the officer issuing said warrant, or any other officer authorized to act in case of his absence or inability to act, to be dealt with according to law, and shall make due return of said warrant, and notify said board of stock commissioners of his acts and doings in that behalf.

Duties of

inspec

missioners

levy a tax.

to

SEC. 10. Said stock inspectors and detectives shall be under the exclusive direction and control of said board of stock commissioners, and shall be paid for their services such sums as may be agreed upon by the board out of the fund hereinafter provided for, but in no case shall they receive any mileage.

SEC. II. It shall be the duty of the boards of county commissioners of each county in this territory named in County com- section 1 of this act, at the time of levying the annual tax, to levy such tax as shall be recommended by said board of stock commissioners, not exceeding one and one-half mills on the dollar upon the assessed valuation of all cattle, horses, mules, and asses, in their respective counties, which shall be collected as other taxes upon like property, and, when so collected, paid into the hands of the territorial treasurer, who shall keep the same as a separate fund, to be known as the "Stock Inspector and Detective Fund," and which said fund shall be used in defraying the expenses incurred under the provisions of this act, and for such other purposes as in the judgment of said stock commissioners shall best subserve the stock interests of the territory.

1885, when levied.

SEC. 12. It shall be the duty of the county commisTax for year sioners of each of the counties in the territory named in section I of this act, at their next regular meeting, after the passage of this act, or if any notice of its passage be not received in time, then at their next regular meeting thereafter, to levy the special tax of [for] the year 1885, not exceeding one and one-half mills on the dollar, as hereinbefore provided, which shall be collected and paid into the territorial treasury in the same m other territorial taxes.

Exemptions from tax.

SEC. 13. That when any person is the owner of not exceeding ten cows and two horses or two mules, such animals shall be exempt from taxation under the provisions of this act.

SEC. 14. That the expenditures in any year under the provisions of this act shall in no case exceed the special tax levied for that year.

SEC. 15. It shall be the duty of said board of stock commissioners to audit all bills for expenses incurred

how audited.

under the provisions of this act, and, if found correct and Bills for exjustly due, shall certify the same to the territorial auditor, penses, etc., who shall issue a warrant on the territorial treasurer in favor of the party or parties entitled thereto for the amounts so certified, which shall be paid whenever, and as soon as, any funds shall come into his hands properly applicable thereto. Said warrant or warrants shall specify that they were drawn on the "Stock Inspector and Detective Fund," and when presented for payment, if not paid for want of funds therefor, said treasurer shall indorse thereon the date of presentment, and that the same is not paid for want of funds, and said warrants shall thereafter bear the same rate of interest as territorial warrants, and be likewise paid out of said funds, and shall not be chargeable to or collected out of any other funds in the territorial treasury.

two districts.

trict.

SEC. 16. For the purposes of this act, this territory Territory to shall be divided into two districts, and the counties of be divided into Dawson, Custer, and Yellowstone shall compose the first district, including also any counties that may be formed Counties comout of portions of said counties; and the counties of Mea- posing first disgher, Choteau, and Lewis and Clarke shall compose the second district, including also any counties that may be counties.comformed out of portions of said counties; and the stock posing second inspectors and detectives are hereby made district officers, and said board of stock commissioners shall, in all cases, designate the district in which said inspectors and detectives shall serve, which shall be designated in their commissions.

SEC. 17.

This act shall take effect and be in force from

and after its passage.

Approved March 12, 1885.

district.

MILITIA.

AN ACT to organize and regulate the militia.

Be it enacted by the Legislative Assembly of the Territory of Montana:

organize into

SEC. I. That, for the purpose of creating greater effi- Citizens may ciency in the militia system, it shall be lawful for any cit-companies. izens to embody and organize themselves into companies,

Commander

regiments, and batteries, in manner and form, and subject to the provisions and restrictions hereinafter prescribed, and such organization shall hereafter be known as the National Guard of Montana, and shall at all times be subject to the orders of their officers.

SEC. 2. The governor of Montana shall be commanin-chief. der-in-chief of the National Guard of Montana, and no militia company, regiment, or battery shall be organized without the permission of the governor and commanderin-chief in writing. He shall have authority to appoint and commission such staff officers as he may deem necessary to aid him in the transaction of militia affairs: Provided, that the staff shall not consist of more than seven, viz.:

And they shall hold their commission during the pleasure of the governor, without compensation.

SEC. 3. The adjutant general shall distribute all orders Orders of com- of the commander-in-chief, and shall obey all orders relmander-in-ative to carrying into execution and perfecting any systributed. tem of military discipline established by law: he shall

chief, how dis

annually make a return in duplicate of the militia of Montana, with their arms, accoutrements, and ammunition, according to such form as may be prescribed by the secretary of war of the United States, one copy of which he shall deliver to the commander-in-chief, and transmit the other to the president of the United States, on or before the first Monday in February: he shall annually, in December, lay before the auditor an account, with vouchers, of his expenditures as adjutant general.

SEC. 4. The inspector general, the commissary genDuties of of eral, the quartermaster general, the ordnance officer, the surgeon general, and the mustering officer shall perform such service as the commander-in-chief may direct.

ficers.

laws.

SEC. 5. In each county the citizens may organize Companies themselves into companies and batteries as herein pro- may adopt byvided; and each company and battery so organized may ordain and establish such by-laws, rules, and regulations as they may deem necessary for their proper government, and as may not be inconsistent with this act, or the organic act and laws of Montana, or of the United States of America.

Number of

SEC. 6. Each company shall consist of not less than members of thirty (30) nor more than one hundred (100) men, rank company lim

and file.

What officers of

elect.

SEC. 7. The members of each company shall have members power to elect a captain, a first lieutenant, and a second company may lieutenant; and when more than five companies have been duly organized and united they may form and organize themselves into a regiment, and elect a full complement of regimental officers; all of which said officers shall be elected in the presence of the mustering officer, or some other officer of the governor's staff detailed for How elected. that purpose, and who shall preside at such election, and certify to the governor the result thereof. The governor shall then commission the officer or officers so elected, commission. unless in his opinion such appointment or appointments would be detrimental to the good of the service, in which case he shall order a new election.

Governor to

Members to

SEC. 8. All members of the National Guard of Montana shall take an oath before the mustering officer, or the staff officer detailed by the for that governor purpose, "take an oath. to support the constitution of the United States, the organic act and laws of Montana, and to obey the commands of their officers for the period of three years.

out.

SEC. 9. That said companies, and other organizations How called herein provided for, shall be subject solely to the direct call of the governor of Montana, and of the regularly constituted civil authorities, for the suppression of insurrection or riot, or the repelling of invasion, or the enforcement of the execution of the laws according to the provisions of the constitution of the United States and the organic act and laws of Montana; and in all cases of demand or requisition for a military force by the sheriff or mayor it shall be by application to the governor and commander-in-chief.