of such accountable State, which has heretofore been or may hereafter be set up on the books of the Militia Bureau in favor of such State for State-owned military property, supplies, and equipment brought into the Federal service by any such State during or at the time of the National Guard mobilization of 1917. Sec. 1, act of June 28, 1930 (46 Stat. 828); 32 U. S. C. 47a. That all requisitions for military property and supplies which have heretofore been filled by the War Department in favor of those States which were given a credit balance on the books of the Militia Bureau for State-owned property brought into the Federal service in 1917 and which have been charged against said credit balance are hereby ratified and approved, and the States to which such property was issued shall not be required to account to the Secretary of War for said property. Sec. 2, act of June 28, 1930 (46 Stat. 829); 32 U. S. C. 476. 1323. State troops; maintenance and use.-No State shall maintain troops in time of peace other than as authorized in accordance with the organization prescribed under this Act: Provided, That nothing contained in this Act shall be construed as limiting the rights of States and Territories in the use of the National Guard within their respective borders in time of peace: Provided further, That nothing contained in this Act shall prevent the organization and maintenance of State police or constabulary. Sec. 61, act of June 3, 1916 (39 Stat. 198); 32 U. S. C. 194. Sec. 10, Art. I, of the Constitution of the United States, provides that "No State shall, without the consent of Congress, keep troops or ships of war in time of peace." Notes of Decisions In general. Statute empowering Governor to call out militia and cause them to perform such duty as he deems proper held to mean such duty as relates to war, insurrection, and other causes which, under statute, authorize Governor to order out militia (Code 1932, sec. 2891). Hearon v. Calus (S. C., 1935). 183 S. E., 13. When Governor proclaimed existence of insurrection in connection with State highway department and called out militia and suspended habeas corpus, Governor in effect declared martial law and therefore exceeded his authority (Code 1932, secs. 1390, 1391, 2891, 2896; Const. art. 1, secs. 14, 23, 26, 27; art. 4, sec. 1; art. 5, sec. 4; art. 13, sec. 3). Id. Power to decide whether public exigency exists such as justifies the calling out of the State militia is vested solely in the Governor (Mo. St. Ann. sec. 13846, p. 5101; Const. art. 5, secs. 6, 7; art. 13, sec. 1 et seq.; sec. 2). McKittrick v. Brown (Mo., 1935), 85 S. W. (2d) 385. Governor, as commander in chief of militia, can do whatever in his judgment may be for best interest of State as to movement of troops or relieving from or assigning to duties of officers in command of troops, and such exercise of authority cannot be interfered with by civil courts (Const. N. Y. art. 4, sec. 4; art. 11, sec. 6). People ex rel. Gillett v. De Lamater (1936), 287 N. Y. S. 979. When the Governor calls out the militia, his decision whether the exigency is such as to authorize him to do so is subject to judicial review. Code 1930, sec. 4817; Const. 1890, secs. 9, 123, 214 et seq., 217. State v. McPhail (Miss., 1938), 180 So. 387. Official actions must be within the Constitution and the laws and the facts must be such as to uphold and justify the exercise of the official authority which in a given case is exerted. Id. The action of the Governor in ordering out the National Guard whatever the occasion thereof may be or what members of militia do or may do in pursuance of such order is subject to review by courts at the suit or other appropriate legal challenge of any citizen who can show that he has been unlawfully affected in his private personal or private property rights. Code 1930, sec. 4817; Const. 1890, secs. 9, 24, 214 et seq., 217. Id. 1323a. Status of officers of the National Guard of the United States when not on active duty.-Officers of the National Guard of the United States while not on active duty, shall not, by reason solely of their appointments, oaths, commissions, or status as such, or any duties or functions performed or pay or allowances received as such, be held or deemed to be officers or employees of the United States, or persons holding any office of trust or profit or discharging any official function under or in connection with any department of the Government of the United States. Sec. 38, added to act of June 3, 1916, by sec. 4, act of June 15, 1933 (48 Stat. 155); 32 U. S. C. 20. 1324. Training; general provision. The discipline (which includes training) of the National Guard shall conform to the system which is now or may hereafter be prescribed for the Regular Army, and the training shall be carried out by the several States, Territories, and the District of Columbia so as to conform to the provisions of this Act. Sec. 91, act of June 3, 1916 (39 Stat. 206); 32 U. 8. C. 61. * 1325. Training; drill and indoor target practice.-Under such regulations as the Secretary of War shall prescribe, each company, troop, battery, and detachment in the National Guard shall assemble for drill and instruction, including indoor target practice, not less than forty-eight times each year, Provided, That an assembly for drill and instruction may consist of a single duly ordered formation of a company, troop, battery, or detachment, or when so authorized by the Secretary of War of a series of duly ordered formations of subdivisions or parts thereof, but in the latter case the series of formations of subdivisions or groups must comprehend and include the entire organization, and must be included within the time limit of seven consecutive days within a calendar month. The sum total of the attendance at all the separate consecutive formations announced as constituting that assembly shall be counted as the attendance at the actual military assembly for the required period of time; but no officer, warrant officer, or enlisted man shall be counted more than once, nor receive credit for more than one required period of actual military attendance even though he may have attended more than one of the formations which constitute the assembly for the required period of time: Provided further, That credit for an assembly or drill or for indoor target practice shall not be given unless the number of officers and enlisted men present for duty at such assembly shall equal or exceed a minimum to be prescribed by the President, nor unless the period of actual military duty and instruction participated in by each officer and enlisted man at each such assembly at which he shall be credited as having been present shall be of at least one and one-half hours' duration and the character of training such as may be prescribed by the Secretary of War. Sec. 92, act of June 3, 1916 (39 Stat. 206); sec. 2, act of June 3, 1924 (43 Stat. 363); 32 U. S. C. 62. This section probably superseded sec. 18, act of Jan. 21, 1903 (32 Stat, 778), reading as follows: "Each State or Territory furnished with material of war under the provisions of this or former acts of Congress shall, during the year next preceding each annual allotment of funds, in accordance with section sixteen hundred and sixty-one of the Revised Statutes as amended, have required every company, troop, and battery in its Organized Militia not excused by the governor of such State or Territory to participate in practice marches or go into camp of instruction at least five consecutive days, and to assemble for drill and instruction at company, battalion, or regimental armories or rendezvous or for target practice not less than twenty-four times, and shall also have required during such year an inspection of each such company, troop, and battery to be made by an officer of such militia or an officer of the Regular Army." The section, as now amended, permits "split" drills which the Comptroller General had held unauthorized under the former provision. For pay and allowances hereunder, see 1569, 1570, post. Notes of Decisions Status of trainees.-The National Guard is a State organization except as it may be called into Government service, so that guardsman injured in connection with duties at drill is "employee" of the State within compensation law. Baker v. State (N. C., 1931), 156 8. E. 917. 1326. Training; encampments, maneuvers, and other exercises. Under such regulations as the Secretary of War shall prescribe, each company, troop, battery, and detachment in the National Guard shall participate in encampments, maneuvers, or other exercises, including outdoor target practice, at least fifteen days in training each year, including target practice, unless such company, troop, battery, or detachment shall have been excused from participation in any part thereof by the Secretary of War; Sec. 92, act of June 3, * 1916 (39 Stat. 206); sec. 2, act of June 3, 1924 (43 Stat. 363); 32 U. S. C. 62. Under such regulations as the President may prescribe the Secretary of War is authorized to provide for the participation of the whole or any part of the National Guard in encampments, maneuvers, or other exercises, including outdoor target practice, for field or coast-defense instruction, either independently or in conjunction with any part of the Regular Army, and there may be set aside from the funds appropriated for that purpose and allotted to any State, Territory, or the District of Columbia such portion of said funds as may be necessary for the payment, subsistence, transportation, and other proper expenses of such portion of the National Guard of such State, Territory, or the District of Columbia as shall participate in such encampments, maneuvers, or other exercises, including outdoor target practice, for field and coast-defense instruction; * Sec. 94, act of June 3, 1916 (39 Stat. 206); 32 U. S. C. 63. That the Secretary of War is hereby authorized, within the limits of appropriations which may from time to time be available for such purpose, to assemble at his discretion, in camp at such season of the year and for such period as he may designate, at such field of military maneuvers, such portions of the military forces of the United States as he may think best, to receive military instruction there. The Secretary of War is further authorized to make and publish regulations governing the assembling of the National Guard or Militia of the several States upon the maneuvering grounds, and he may detail instructors from the Regular Army for such forces during their exercises. Sec. 2, act of May 15, 1896 (29 Stat. 121) ; 16 U. S. C. 412. The first two paragraphs of this section probably superseded sec. 15, act of Jan. 21, 1903 (32 Stat. 777), as amended by sec. 9, act of May 27, 1908 (35 Stat. 402), and act of Apr. 21, 1910 (36 Stat. 329), reading as follows: "The Secretary of War is authorized to provide for participation by any part of the Organized Militia of any State, Territory, or the District of Columbia, on the request of the governor of a State or Territory, or the commanding general of the militia of the District of Columbia, in the encampments, maneuvers, and field instruction of any part of the Regular Army, at or near any military post or camp or lake or sea-coast defenses of the United States. In such case the Organized Militia so participating shall receive the same pay, subsistence, and transportation as is provided by law for the officers and men of the Regular Army, and no part of the sums appropriated for the support of the Regular Army shall be used to pay any part of the expenses of the Organized Militia of any State or Territory or the District of Columbia, while engaged in joint encampments, maneuvers, and field instruction of the Regular Army and militia: Provided, That the Secretary of War is authorized, under requisition of the governor of a State or Territory or the commanding general of the militia of the District of Columbia, to pay to the quartermaster general, or such other officer of the militia as may be duly designated and appointed for the purpose, so much of its allotment, under the annual appropriation authorized by section sixteen hundred and sixty-one, Revised Statutes, as amended, as shall be necessary for the payment, subsistence, transportation, and other expenses of such portion of the Organized Militia as may engage in encampments, maneuvers, and field instruction with any part of the Regular Army at or near any military post or camp or lake or sea-coast defenses of the United States, and the Secretary of War shall forward to Congress, at each session next after said encampments, a detailed statement of the expense of such encampments and maneuvers: Provided, That the command of such military post or camp and the officers and troops of the United States there stationed shall remain with the regular commander of the post without regard to the rank of the commanding or other officers of the militia temporarily so encamped within its limits or in its vicinity: Provided further, That except as herein specified the right to command during joint encampments, maneu vers, and field instruction shall be governed by the rules set out in articles one hundred and twenty-two and one hundred and twenty-four of the rules and articles for the government of the armies of the United States." Provision for the purposes mentioned in the text is made regularly in War Department appropriation acts. For pay and allowances hereunder, see 1558, post. Any portion of the National Guard participating in encampments, etc., under the provisions of this act may be paid at any time after being duly mustered by sec. 98 of this act, 1558, post. The third paragraph of this section is from an act authorizing the use of national military parks for military maneuvers. For medical treatment for disabilities sustained in line of duty by members of the National Guard, Officers' Reserve Corps, Enlisted Reserve Corps, and civilian military training camps, while at encampments, maneuvers, etc., and by members of the National Guard Air Service, while performing the duties required by this section, see 1088, ante. Notes of Decisions Status of trainees.-Members of National Guard called into service pursuant to training program of United States War Department which supplied money and equipment for program were agents, servants, and employees of State so as to permit recovery against State for death of intestate, who was member of National Guard, caused by negligence of another member in driving National Guard truck on which intestate was passenger by order of his superior officers (laws | 1933, c. 544, sec. 1). Dicicco v. State (1934), 273 N. Y. S. 937. In claim against State for injuries to member of National Guard, that guardsmen were in training pursuant to National Defense Act, were federally recognized members of National Guard, and expense of camp and training was borne by Federal government held not a defense (National Defense Act, 39 Stat. 166, as amended; Laws N. Y. 1935, c. 970). Spence v. State (1936), 288 N. Y. S. 1009. 1327. Training; assemblages for instruction. Under such regulations as the President may prescribe the Secretary of War may provide for assemblages of officers, warrant officers, and enlisted men of the National Guard for the purpose of attending schools to be conducted by officers of the Regular Army detailed by the Secretary of War for that purpose, or for the purpose of participating in small arms competitions. Such assemblages may be held either within or without the State, Territory, or District of Columbia, to which the members of the National Guard designated to attend them shall belong. * Sec. 97, act of June 3, 1916 (39 Stat. 207); sec. 2, act of May 28, 1926 (44 Stat. 674); 32 U. S. C. 64. For pay and allowances hereunder, see 1559, post. 1328. Training; attendance at service schools or attachment to Regular Army for practical instruction.-Under such regulations as the President may prescribe, the Secretary of War may, upon the recommendation of the governor of any State or Territory, or the commanding general of the National Guard of the District of Columbia, authorize a limited number of selected officers, warrant officers, or enlisted men of the National Guard to attend and pursue a regular course of study at any military-service school of the United States, except the United States Military Academy, or to be attached to an organization of the same arm, corps, or department to which such officer or enlisted man shall belong, for routine practical instruction at or near an Army post during a period of field training or other outdoor exercises. Sec. 99, act of June 3, 1916 (39 Stat. 207); sec. 5, act of Sept. 22, 1922 (42 Stat. 1035); sec. 3, act of May 28, 1926 (44 Stat. 674); 32 U. S. C. 65. For pay and allowances hereunder, see 1560, post. * * * * Provided, 1329. Transfer to and from inactive National Guard.That under such regulations as the Secretary of War may prescribe, upon termination of service in the active National Guard, an officer of the National ** * * Guard of the United States may, if he makes application therefor, transfer to the inactive National Guard and remain in the National Guard of the United States in the same or lower grade. Sec. 77, act of June 3, 1916 (39 Stat. 202); sec. 14, act of June 15, 1933 (48 Stat. 159); sec. 4, act of June 19, 1935 (49 Stat. 391); 32 U. S. C. 114. Under such regulations as the Secretary of War may prescribe, enlisted men of the active National Guard, not formerly enlisted in the inactive National Guard or the National Guard of the United States, may be transferred to the inactive National Guard; likewise enlisted men hereafter enlisted in or transferred to the inactive National Guard may be transferred to the active National Guard; Provided, That in time of peace no enlisted man shall be required to serve under any enlistment for a longer time than the period for which he enlisted in the active or inactive National Guard, as the case may be. Sec. 78, act of June 3, 1916 (39 Stat. 202); sec. 42, act of June 4, 1920 (41 Stat. 782); sec. 2, act of Feb. 28, 1925 (43 Stat. 1076); sec. 15, act of June 15, 1933 (48 Stat. 159); 32 U. 8. C. 133. 1329a. Transportation.-* * * * Provided further, That hereafter nothing in the Act of February fourth, eighteen hundred and eighty-seven, known as the Act to regulate commerce, or any amendments thereto, shall be construed to prohibit any common carrier from giving reduced rates for members of National Guard organizations traveling to and from joint encampments with the Regular Army. Sec. 1, act of Aug. 29, 1916 (39 Stat. 646); 32 U. S. C. 73. 1330. Units; location and designation.-The States and Territories shall have the right to determine and fix the location of the units and headquarters of the National Guard within their respective borders: Sec. 68, act of June 3, 1916 (39 Stat. 200); 32 U. S. C. 6. In the reorganization of the National Guard * the names, numbers, and other designations, flags, and records of the divisions and subordinate units thereof that served in the World War between April, 6, 1917, and November 11, 1918, shall be preserved as such as far as practicable. * Subject to general regulations approved by the Secretary of War, the location and designation of units of the National Guard entirely comprised within the limits of any State or Territory shall be determined by a board, a majority of whom shall be reserve officers, including reserve officers who hold or have held commissions in the National Guard and recommended for this duty by the governor of the State or Territory concerned. Sec. 3a, added to the act of June 3, 1916, by sec. 3, act of June 4, 1920 (41 Stat. 760); 32 U. S. C. 191, 7. 1331. Units; maintenance restricted.-No appropriation contained in this Act shall be available for any expense for or on account of a larger number of mounted units and wagon companies of the National Guard than were in existence on June 30, 1932: Title I, War Department appropriation act of * May 15, 1936 (49 Stat. 1299). The 1929 text of this section, based on War Department Appropriation Act of February 28, 1929 (45 Stat. 1369); 32 U. S. C. 26, is superseded by the above provision, repeated in subsequent appropriation acts, which does not appear in the code (J. A. G. 010.3, Nov. 12, 1929, p. 9). 1332. Units; disbandment or reduction in strength.-* * Provided, That no organization of the National Guard, members of which shall be entitled to and shall have received compensation under the provisions of this Act, shall be disbanded, without the consent of the President, nor, without such consent, shall the commissioned or enlisted strength of any such organization be reduced below |