CHAPTER 56.-MILITIA.

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.]

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, as 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.

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 prescriced 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:

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 aud such officers as may be placed over you, and the laws governing the military force of the state of Nebraska-So help me God.

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.

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 ex-officio 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 aides-de-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-inchief 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. 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

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.

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 commanderin-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 inspections of the national guard and militia made in compliance with the law, regulations. or the special orders of the commanderin-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 commanderin-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.

SEC. 6. [Brigade and staff.]—The regiments, battalions, and companies shall constitute one brigade under the command of a brigadier-general, appointed by the com. mander-in-chief; on the recommendation of the brigadier general, the governor may ap point 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-de-camp, each with rank of

CHAPTER 56.-MILITIA.

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.]

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, as 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.

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 prescriced 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:

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.

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.

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 ex-officio 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 aides-de-camp as he may think 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-inchief 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. 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

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.

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 commanderin-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 inspections of the national guard and militia made in compliance with the law, regulations. or the special orders of the commanderin-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 commanderin-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.

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 ap point 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-de-camp, each with rank of

first lieutenant; all of whose commissions shall expire with that of the brigadier-general recommending their appointment.

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.

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.

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.

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.

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

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.

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-in-chief shall expire with the term of office of the governor. When an officer is re-elected or reappointed 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.

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.

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.

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 poron thereof, privates, musicians, and non-commissioned officers, one dollar ($1.00) each