Discharge of Enlisted Men; Dishonorable Discharge and Re-instatement.

SEC. 2. Any member who absents himself from all meetings for instruction during a period of thirty days, unless properly excused by his commanding officer, shall, in addition to all other penalties, be debarred from the exemption from jury duty, be considered a deserter, and be dishonorably discharged. Any enlisted man may be so discharged for absence from his command when called out for the suppression of riot or for any other active duty, for drunkenness, immoral conduct or insubordination, continued non-attendance at drills, or refusal to pay any fine properly imposed. Any enlisted man dishonor. ably discharged may, at the discretion of the Governor, be reinstated, provided his application for his reinstatement is approved by the officers who made the application for his discharge and provided that upon reinstatement he reenters the service and serves out the unexpired term of his enlistment.

Uniforms of Officers Same as U. S. Army.

SEC. 3. The uniform and equipment of all the officers in the National Guard shall be the uniform for the officers in the United States States army, except as to such minor changes as may be ordered by the commander-in-chief. The word "Idaho" shall appear on collars of all uniforms. The buttons shall have the coat of arms of the United States. Facings shall constitute a part of the uniform and these facings shall be distinct for each regiment, squadron or battery.

Uniforms of Enlisted Men to Be Same as U. S. Army Except as Herein Provided.

SEC. 4. Each regiment, squadron or battery may also be equipped with full dress uniforms at the expense of the individual members, unless otherwise provided by the Legislature. But no uniform shall be selected for this purpose until recommended by a board of officers and the recommendation shall have been approved by the commander-in-chief.

Penalty for Losing or Destroying Uniforms, Etc.

SEC. 5. Any member of the National Guard losing, destroying, mutilating, or making away with, any of the military property of the United States, thus furnished, or

any part thereof, shall be punished at the discretion of the courtmartial.

Persons Wearing Uniform Not Members N. G.; Penalty. SEC. 6. It shall be unlawful for any person, not a member of the National Guard, to wear any portion of the uniform prescribed for the National Guard of this State. Any person so offending shall, upon conviction, be fined in a sum of not less than five, nor more than twenty-five dollars, or imprisoned in the county jail for a period of not more than twenty-five days. And whosoever shall secrete, sell, dispose of, offer for sale, purchase or retain, after proper demand made, or in any manner pawn, or pledge, any uniform, overcoat, clothing or equipage, or any part thereof, which shall have been issued by the State, or purchased with company funds, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for not less than one, nor more than three months, or by a fine of not more than one hundred dollars, nor less than fifty dollars.

Encampments, How Ordered.

SEC. 7. It shall be the duty of the commander-in-chief, under sections 14 and 18 of an act to promote the efficiency of the militia, and for other purposes, approved January 21st, 1903, to order an encampment of the National Guard to be held each year, such encampment to be held at some convenient point to be selected by the commander-in-chief. At least one month's notice of such encampment shall be given each company commander by his commanding officer.

Pay of Officers and Men, How Determined.

SEC. 8. Officers and enlisted men, when serving under the orders of the Governor to prevent violation of the laws of the State, or to prevent or suppress riot, or insurrection, or to repel, or prevent invasion, shall, until such time as other provision is made for the payment of the services rendered, receive pay out of the general fund of the State, not otherwise appropriated, at the following rates: All commissioned officers shall receive the same pay as is paid to the United States army officers of like grade. Sergeant majors, quartermaster sergeants and hospital stewards shall be paid the sum of two dollars per day for the first

twenty days' service; first sergeants and acting hospital stewards, one dollar and seventy-five cents per day for the first twenty days' service; sergeants and corporals, one dollar and sixty-five cents per day for the first twenty days' service, and privates, one dollar and fifty cents per day for the first twenty days' service. After twenty days' service, fifty cents less per day for each of the above noncommissioned officers and privates. The necessary transportation, medical attendance and supplies, quarters and subsistance, shall also be provided for them and reasonable allowance shall also be made for animals necessarily used. Payments, How Made, Etc.

SEC. 9. Payments under the preceding section shall be made by the paymaster; no voucher for any such payment shall be audited unless certified as correct by the proper commanding officer and passed upon by the State Military Board; pay rolls of companies, troops and batteries, and also of field and staff officers, non-commissioned staff of bands and regiments, shall be furnished and certified to by the commanding officers of such organizations.

ARTICLE V.
Military Courts.

SECTION 1. The military courts of this State shall be: (a) courts of inquiry; (b) general courts martial; (c) summary courts.

SEC. 2. Courts of inquiry and summary, or garrison courts, may be ordered under such regulations as may be prescribed by the Military Board in the code of regulations provided for in section 1, of article 4 of this act. General Courts Martial, How Ordered, Etc.

SEC. 3. General courts martial for the trial of officers and enlisted men upon charges and specification preferred by commissioned officers shall be ordered by the commander-in-chief, and shall consist of not less than five, nor more than nine members and a judge advocate. The jurisdiction of, and the mode of procedure of, general courts martial shall conform to the jurisdiction and practice of like courts in the United States army.

SEC. 4. The proceedings of all general courts martial, and all papers relating thereto, shall be transmitted to the adjutant general for the action of the commander-in-chief.

Attendance of Witnesses at Courts Martial, Etc. SEC. 5. The president of the general courts martial, court of inquiry, or a summary court, may issue subpoenas and force the attendance of witnesses, and punish a refusal, as provided for in civil courts.

Fines, How Assessed.

SEC. 6. Fines assessed by summary courts shall, when collected, be paid to the treasurer of the proper company, troop or battery, and all other fines shall, when collected, be paid into the treasury of the proper county, to be placed to the credit of the State Military Fund.

Fines, How Collected.

SEC. 7. When fines assessed by courts martial, or courts of inquiry, are not paid within thirty days after the sentence is approved, a list thereof, and of the delinquents certified by the judge advocate of such courts martial, or courts of inquiry, shall be placed in the hands of justices of the peace, within the precincts in which the delinquents reside, who shall thereupon render judgment, and proceed to collect the same as in other civil actions.

ARTICLE VI.
Miscellaneous.

SECTION 1. When the State shall be called upon furnish volunteers, the members of the National Guard shall be given preference in enlistments, but no member of the National Guard shall be required to enlist in the army of the United States in the event of war.

National Guard Ordered Into Service by President of the United States.

The National Guard of this State may be ordered into the service of the United States by the President of the United States, for any purpose for which he is authorized to use the militia of the State by the Constitution and statutes of the United States.

Invasion or Insurrection; How Called Into Service. SEC. 2. When an invasion is made or an insurrection occurs, or is threatened, the Governor shall order the National Guard to repel, or suppress, the same.

SEC. 3. When there is in any town, city or county a tumult, riot, mob or body of men, acting together by force with attempt to commit a felony, or to offer violence to

persons or property, or by force and violence to break and resist the laws of the State, or when such tumult, riot or mob is threatened, and the fact is made to appear to the Governor, the sheriff of the county, or the mayor of the city or town, the Governor may issue his order to any com manding officer of any portion of the National Guard, directing him to order his command to appear at a time and place designated, to aid the civil authorities to suppress such violence, and to support the law.

Officers to Call Troops to Colors; Penalties for Refusal to Obey Orders.

SEC. 4. The officer to whom the order, or call is directed, shall forthwith order the troops therein mentioned to parade at the time and place appointed; and if he neglect or refuse to obey, or if any officer refuses or neglects to obey any such order, issued in pursuance of any such call he shall be cashiered, and be further punished by a fine of not less than one hundred dollars, and not more than one thousand dollars, or imprisonment not to exceed six months, or both, at the discretion of the court martial; or, a person who advises, or endeavors to persuade an officer, or soldier, to refuse, or neglect, to appear at such place, or to obey such order, shall, on conviction thereof by the district court, be imprisoned not to exceed six months, or fined not to exceed one thousand dollars, or both, at the discretion of the court. All fines assessed under this section shall be paid to the Treasurer of the State for the benefit of the State Military Fund. Enlisted Men to Notify Comrades When Called to Sudden Duty.

SEC. 5. When the commanding officer of a company, troop or battery, orders out his command for such duty, he may order enlisted men to notify the men enrolled in such organization to appear at the time and place appointed. These men shall give notice of such time and place of meeting to each man personally, or by leaving at his usual place of abode a written or printed order, signed by the enlisted man serving the same, which notice shall be sufficient warning.

Punishment for Enlisted Men Who Refuse to Obey Orders, Etc.

SEC. 6. Every enlisted man who refuses, or neglects, to serve such notice, when duly ordered so to do, and every