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8. Power of the governor in case of invasion. 9. Drafts or volunteers from the militia. 10. Punishment for failure to appear. 11. Organization of reserve militia when ordered out. 12. Proclamation of state of insurrection. 13. When articles of war of the United States to be in
force. 14. Relief from civil and criminal liability; security for
costs. 15. Militia council. 16. The adjutant-general of the state. 17. Contingent fund. 18. The adjutant-general of the state, his pay, assistants
and employees. 19. Bureau of records of the war of the rebellion; com
pletion and preservation of the records and relics;
22. Audit and payment of accounts. Section 1. Persons subject to military duty; exemp. tions. All able-bodied male citizens, between the ages of eighteen and forty-five 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 des partment 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 becaus: 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; superin tendents, officers and assistants of hospitals, prisons and jails ; light-house keepers; conductors and engineers of railways; seamen actually employed as such.
The Militia of the State.
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.
Formerly L. 1908, ch. 231, § 1. Written from L. 1898, ch. 212, § 1. 8 2. Enrollment. Whenever the governor shall deem it necessary, 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 previcus 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 of the state. If the governor so direct, such enrollment shall show separately all the sea-faring 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 with ship owners and their employees, yacht owners, members of yacht clubs and all other asso ciations for aquatic pursuits.
Formerly L. 1908, ch. 231, § 2. Written from L. 1898, ch. 212, & 2. § 3. Notice of enrollment; exemption claims. The officer making the enrollment shall, at the time of making the same, serve a notice of such enrollment upon each person enrolled, by delivering such notice to him or leaving it with some person of suitable age and discretion, at his place of residence. All persons claiming exemption must, within fifteen days after receiving such notice, file a written statement of such exemption, verified by affidavit, in the office of the county clerk. Such clerk shall thereupon, if such person be exempted according to law, mark the word “exempt” opposite his name; and the remainder of all thus enrolled, and not thus found to be exempt, shall constitute the militia of the state, and such clerk shall transmit a copy of such corrected roll to the adjutant-general of the state. The commanding officer of each organization in the national guard or the naval militia and the heads of the fire and police departments
The Militia of the State.
in each city or town shall, whenever an enrollment is ordered, file in the office of such county clerk a certified list of the names of all persons in his command or department.
Formerly L. 1908, ch. 231, 8 3. Written from L. 1898, ch. 212, $ 3. § 4. Examination of assessment-rolls and poll-lists. The assessors in each city, village, town or ward, in this state shall allow persons appointed to make such enrollment, at all proper times, to examine their assessment-rolls and take copies thereof, and the clerks of all counties, towns and cities, shall in like manner, at all proper times, allow such persons to examine and copy the poll-lists on file in their offices. All persons shall, upon the application of any person making such enrollment, give the name of and all other proper information concerning any person within their knowledge liable to be enrolled, under penalty of ten dollars for every concealment or false information, or refusal to give the information requested, to be recovered in the name of the people in any court, with costs. The officer making the enrollment shall, within ten days, report all persons who shall fail or neglect to give information to the adjutant-general of the state.
Formerly L. 1908, ch. 231, § 4. Written from L. 1898, ch. 212, $ 4. § 5. Designation and division of the militia. The militia of the state shall be divided into two parts: the active and the reserve militia ; the active militia shall consist of the organized and uniformed military forces known as the national guard, and of the organized and uniformed naval forces known as the naval militia; the reserve militia shall consist of all those liable to service in the militia, but not serving in the national guard or in the naval militia of the state.
Formerly L. 1908, ch. 231, $ 5. Written from L. 1898, ch. 212, $ 5. § 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, or the speaker of the assembly, under the laws of the state would perform them, the major-general shall command the militia of the state. But when the governor shall, with the consent of the legislature, be out of the state, in time of war, at
The Militia of the State.
the head of a military force thereof, he shall continue commander in-chief of all the military force of the state.
Formerly L. 1908, ch. 231, $ 6. Written from L. 1898, ch. 212, $ 6, as am'd by L. 1903, ch. 211, § 1. 87. Staff of the governor. The staff of the governor shall consist of the adjutant-general of the state, one military secretary of the rank of major, whose title shall be “ military secretary to the governor," who 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 him, and not more than sixteen aides to be appointed by the governor from the commissioned officers of the active militia in active service, 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 detailed shall not be relieved from their ordinary duties, except when actually on duty with the governor. The pay, traveling expenses and subsistence of the military secretary shall be defrayed from the appropriation made by the legislature for the executive department.
Formerly L. 1908, ch. 231, § 7. Written from L. 1898, ch, 212, 7, as am'd by L. 1899, ch. 507, § 1, and L. 1903, ch. 213, § 1. § 8. Power of the governor in case of invasion. 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 shall 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 organizations.
Formerly L. 1908, ch. 231, § 8. Written from L. 1898, ch. 212, $ 8. 8 9. Drafts or volunteers from the militia. Whenever it shall be necessary to call out any portion of the reserve militia for active duty, the governor shall direct his order to the mayor of any city or the supervisor of any town, who, upon the receipt of the same shall forthwith proceed to draft as many of the
The Militia of the State.
reserve militia in his city or town, or accept as many volunteers as are required by the governor, and shall forthwith forward to the governor a list of the persons so drafted or accepted as volunteers.
Formerly L. 1908, ch. 231, $ 9. Written from L. 1898, ch. 212, $ 9. 8 10. Punishment for failure to appear. Every member of the militia ordered out, or who volunteers or is drafted under the provisions of this article, who does not appear at the time and place designated by his commanding officer, the mayor or supervisor, within twenty-four hours from such time, or who does not produce a sworn certificate of physical disability, from a physician in good standing, to so appear, shall be taken to be a deserter and dealt with as prescribed in the articles of war of the United States.
Formerly L. 1908, ch. 231, § 10. Written from L. 1898, ch. 212, § 10. § 11. Organization of reserve militia when ordered out. The portion of the reserve militia so accepted, shall be immediately mustered into the service of the state for one year, or such less period as the governor may direct, and shall be organized into troops, batteries, companies or naval divisions, which may be arranged in squadrons, battalions or regiments, or assigned to crganizations of the active militia already existing. The governor is authorized to appoint the officers necessary to commence or complete any organization thus created. Such new organization shall be equipped, disciplined and governed according to this chapter and the military and naval regulations of the state.
Formerly L. 1908, ch. 231, § 11. Written from L. 1898, ch. 212, § 11. 8 12. Proclamation of state of insurrection. Whenever any portion of the militia is employed in aid of the civil authority, the governor, if in his judgment the maintenance of law and order will thereby be promoted, may by proclamation declare the county or city in which the troops are serving or any specified portion thereof, to be in a state of insurrection.
Formerly L. 1908, ch. 231, § 12. Written from L. 1898, ch. 212, § 12. § 13. When articles of war of the United States to be in force. Whenever any portion of the militia shall be on duty under or pursuant to the orders of the governor; or shall be on duty or ordered to assemble for duty in time of war, insurrection, invasion, public danger, or to aid the civil authorities on ac