signed to him by the Adjutant General. He shall give a bond with sufficient sureties in a sum not less than one thousand dollars, conditioned for the faithful performance of his duties, and shall receive as compensation the sum of one thousand dollars per annum.

History.-Laws 1905, H. R. 156, sec. 7; in force April 3.

7207. Quartermaster and commissary general.

The Quartermaster and Commissary General when required by the Commander-in-chief, shall take care of all public property belonging to his department, shall procure transportation, supplies, and subsistence, 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 regulation, and shall annually report to the Commander-in-chief, on or before the first day of Decomber, 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.

History.-Laws 1905, H. R. 156, sec. 8; in force April 3.

7208. Surgeon general-Powers and duties.

The Surgeon General shall, under the direction of the Commander-in-chief, have general supervision and control of all matters pertaining to the medical department of the militia and Nebraska National Guard. He shall prescribe the physical and mental disabilities exempting from military duty, and the standard of physical examination for enlistment, in compliance with the requirements of the War Department. When so directed, he shall make inspections of the sanitary conditions of camps and quarters, and the care of the sick in hospitals; reports of which shall be made immediately to the Adjutant General of the state. History-Laws 1905, H. R. 156, sec. 9; in force April 3.

7209. Judge advocate general-Duties and powers.

The Judge Advocate General is the legal adviser of the military department of the state of Nebraska, in such matters pertaining to the militia and National Guard as may be referred to him by the Commander-in-chief. He reviews all proceedings of courts martial requiring the action of the Commander-in-chief, endorsing thereon his opinion in writing. He shall bring such suits or actions as may be ordered in writing by the Commander-in-chief. He shall on or before the first day of December make his annual report to the Commander-in-chief, through the adjutant general.

History.-Laws 1905, H. R. 156, sec. 10; in force April 3.

7210. Inspector general-Duties.

The Inspector General shall make such inspections of the military stores and of the militia and National Guard and its equipments as the Commander-in-chief may direct from time to time, and shall report immediately following such inspections, with his recommendations for the condemnation of property and for the abatement of any irregularities found to exist.

History.-Laws 1905, H. R. 156, sec. 11; in force April 3.

7211. Inspector of small arms practice.

The Inspector of Small Arms Practice shall inspect and instruct the troops in small arms practice, assist in locating and constructing ranges, and perform such other duties as may be required of him. He shall compile and make out a semi-annual report to the Adjutant General of the target practice of the Ne- .

braska National Guard, on the first day of May and the first day of November, and such other reports as may be required. History.-Laws 1905, H. R. 156, sec. 12; in force April 3.

7212. Guard when placed in active service.

The Nebraska National Guard shall be liable at all times to be ordered into active service, and shall be first called out by the Commander-in-chief on ali occasions for military service within the state, in time of war, invasion, riot, rebellion, insurrection, or reasonable apprehension thereof, or upon the requisition of the President of the United States. And in case the National Guard is insufficient in number the Commander-in-chief may by proclamation order the enrollment for active service of such additional portion of the militia as he may deem necessary to meet the emergency or to comply with the requisition of the President of the United States, designating the same by draft, if a sufficient number shall not volunteer, and may organize the same in the manner herein provided for organizing the Nebraska National Guard; and when so ordered out for service, the militia shali be subject to the same regulations and render the same service as required of the Nebraska National Guard, and receive the same compensation as that prescribed at the time of said service for the army of the United States.

History.-Laws 1905, H. R. 156, sec. 13; in force April 3.

7213. Members of militia in active service not liable for acts.

Members of the militia ordered into the active service of the state by any proper authority shall not be liable. civilly or criminally, for any act or acts done by them while in the performance of their duty. When a suit or proceeding shall be commenced in any court by any person against any officer of the militia for any act done by such officer in his official capacity in the discharge of any duty under this chapter, or against any person acting under the authority or order of any such officer, or by virtue of any warrant issued by him pursuant to law, the defendant may require the person prosecuting or instituting the suit or proceeding to file security for the payment of costs that may be awarded to the defendant therein, and the defendant in all cases may make a general denial and give the special matter in evidence. In case the plaintiff shall be non-suited, or have a verdict or judgment rendered against him, the defendant shall recover his costs, and a reasonable attorney's fee.

History-Laws 1905, H. R. 156, sec. 14; in force April 3.

7214. Draft-How apportioned.

In case of a draft the Commander-in-chief shall apportion it equitably among the several counties, taking care that the said apportionment shall be equitably made among the several townships or precincts of the county, in such manner as he may prescribe. He shall, in case of any such draft, appoint a time and place of parade and shall have such other and further power as may be necessary to carry into effect the provisions of this Act relative to any such draft. History.-Laws 1905, H. R. 156, sec. 15; in force April 3.

7215. Governor proclaim a district in an 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.

History.-Laws 1905, H. R. 156, sec. 16; in force April 3.

7216. Rules and regulations published.

The Commander-in-chief may, from time to time, make and publish rules, regulations, and orders for the government of the National Guard, not inconsistent with law, and cause the same, together with any laws relating to the National Guard, to be printed and published in book form, in such numbers as he may in his judgment deem necessary.

History.-Laws 1905, H. R. 156, sec. 17; in force April 3.

7217. Discipline and organization similar to United States.

The organization, equipment, and system of discipline of the militia and National Guard of Nebraska shall be the organization, equipment, and system of discipline of the army of the United States, or as nearly the same as may be practicable.

History.-Laws 1905, H. R. 156, sec. 18; in force April 3.

7218. Enlistments.

No enlistment shall be allowed other than of able-bodied male citizens of this state and every able-bodied male of foreign birth who has declared his intention to become a citizen, 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 guardian. All enlistments in the National Guard shall be for three years, and made by signing enlistment papers in triplicate according to the form prescribed by the Adjutant General, and taking the following oath or affirmation which may be administered by any commissioned officer commanding a company or any field officer of the regiment, to-wit: “I,

do solemnly swear (or affirm) that I will bear true allegiance to the United States of America, and to the state of Nebraska; that I will serve them honestly and faithfully against all their enemies and opposers whomsoever; and that I will observe and obey the orders of the President of the United States, the Governor of this state, and the orders of the officers appointed over me, according to the rules and articles for the government of the army of the United States, and of this state. So help me God."

History.-Laws 1905, H. R. 156, sec. 19; in force April 3.

7219. Terms of enlistment.

Enlistments in the militia called out by proclamation of the governor shall be for the term specified in such proclamation as made and prescribed for the National Guard.

History.-Laws 1905, H. R. 156, sec. 20; in force April 3.

7220. Word "company" includes what.

Whenever the word "Company" is used in a military sense in this act, it shall be understood and construed to mean a company of infantry, a troop of cavalry, a battery of artillery, or corps.

History.-Laws 1905, H. R. 156, sec. 21; in force April 3.

7221. When assembled as a brigade.

The companies, battalions, and regiments of the Nebraska National Guard may be assembled as a brigade by the Commander-in-chief under command of a General Officer, the Senior Field Officer, or an officer of the United States Army, detailed on duty with the National Guard, of higher rank than the field officers.

History.-Laws 1905, H. R. 156, sec. 22; in force April 3.

7222. Regiment of infantry-What constitutes.

Each infantry regiment shall consist of one field band, twelve companies, one colonel; one lieutenant-colonel; three majors; one surgeon with the rank of major; one adjutant, one quartermaster, one commissary, one assistant surgeon, and one chaplain, each with the rank of captain; one assistant surgeon with the rank of first lieutenant; three battalion adjutants and three battalion quartermasters, provided in time of peace the adjutants shall be appointed from the first lieutenants, and the quartermasters (who shall act as commissaries) from the second lieutenants, of their respective battalions, by the regimental commander upon recommendation of the battalion commander; one sergeant major; one quartermaster sergeant; one commissary sergeant; one hospital steward, who shall be a practicing physician or a registered pharmacist; two color sergeants; and three battalion sergeant majors, to be appointed by the regimental commander upon recommendation of their respective battalion commanders. History-Laws 1905, H. R. 156, sec. 23; in force April 3.

7223. Regimental band-What constitutes.

Each regimental band shall consist of one chief musician, with rank of second lieutenant, one principal musician, one drum major, four sergeants, eight corporals, one cook, and twelve privates.

History.-Laws 1905, H. R. 156, sec. 24; in force April 3.

7224. Company of infantry-What constitutes.

Each company of infantry shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster sergeant, four sergeants, eight corporals, two musicians, two cooks, one artificer, and eighty-seven privates. The minimum strength of a company shall be fifty enlisted men. Provided, The number of noncommissioned officers and the maximum strength during time of peace may be designated by the Commander-in-chief in General Orders.

History.-Laws 1905, H. R. 156, sec. 25; in force April 3.

7225. Troop of cavalry-What constitutes.

Each troop of cavalry shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster sergeant, six sergeants, eight corporals, two cooks, two farriers and blacksmiths, one saddler, one wagoner, two trumpeters, and not to exceed seventy-six privates. The minimum. strength of a troop shall be fifty-one enlisted men. The number of noncommissioned officers and the minimum and maximum strength during time of peace may be designated by the Commander-in-chief in General Orders. History.-Laws 1905, H. R. 156, sec. 26; in force April 3.

7226. Battery of artillery-What constitutes.

Each battery of artillery shall consist of one captain, two first lieutenants, one second lieutenant, one first sergeant, one quartermaster sergeant, one stable sergeant, six sergeants, twelve corporals, two cooks, four artificers, two musicians, and not to exceed ninety-one privates. The minimum strength of a battery shall be fifty-three enlisted men. Provided, The number of commissioned and noncommissioned officers and the maximum strength during time of peace may be designated by the Commander-in-chief in General Orders.

History-Laws 1905, H. R. 156, sec. 27; in force April 3.

7227. Signal corps company-What constitutes.

Each Signal Corps company shall consist of one captain, one first lieutenant, one second lieutenant, five first class sergeants, ten sergeants, ten corporals, thirty

first class privates, twenty second class privates. The minimum strength of the company shall be thirty enlisted men. Provided, The number of noncommissioned officers during time of peace may be designated by the Commander-in-chief in General Orders.

History.-Laws 1905, H. R. 156, sec. 28; in force April 3.

7228. Ambulance company-What constitutes.

The ambulance company, a subdivision of the Hospital Corps, shall consist of one major surgeon, commanding; one captain; assistant surgeon; one first lieutenant, assistant surgeon, four sergeants, first class; nine sergeants; one musician; one cook; thirty privates, first class; seventeen privates. The minimum strength of the company shall be forty-one enlisted men. Provided during time. of peace, the noncommissioned officers and the maximum strength may be designated by the Commander-in-chief in General Orders, and the ambulance company shall perform such duties as may be required, pertaining to the hospital corps. History.-Laws 1905, H. R. 156, sec. 29; in force April 3.

7229. Engineer corps and other organizations.

The organization and number which shall constitute the Engineer Corps, and other authorized organizations of the Nebraska National Guard, may be designated by the Commander-in-chief, in General Orders, conforming to the United States Army Orders and regulations, as the exigencies of the occasion may require.

History.-Laws 1905, H. R. 156, sec. 30; in force April 3.

7230. Election and appointment of officers.

The Governor may appoint and commission a Brigadier General from the officers of the Nebraska Guard, when he deems such action for the best interest of the service, who when commissioned, may appoint the necessary members of his staff. The regimental field officers shall be chosen by the votes of the commissioned officers of their respective commands. The company officers shall be elected by and from the members of their respective companies. The candidate receiving the greatest number of votes shall be entitled to a certificate of election. The regimental staff officers are appointed by their respective commanders. Provided, that all elections and appointments of commissioned officers in the Nebraska National Guard shall be subject to the approval of the Governor. Provided, further, that no person shall be commissioned to any office until he shall have passed a satisfactory examination as to his fitness for the position, or may have graduated from the military department of the State University, not to exceed three years prior to such appointment, when he may be commissioned as either first or second lieutenant without passing such examination. History.--Laws 1905, H. R. 156, sec. 31; in force April 3.

7231. Non-commissioned staff officers-Appointment.

The regimental noncommissioned staff officers, the hospital steward (on recommendation of the surgeon), the chief musician, the drum major, and noncommissioned officers of the band shall be appointed by the regimental commander. The sergeants and corporals of each company shall be appointed by the regimental commander, on the recommendation of their respective Company commanders. The first and quartermaster sergeants are appointed by the company commander, from among the sergeants. The trumpeters, musicians, artificers, farriers, saddlers, and wagoners are appointed by the company commanders from among the members of their respective companies.

History-Laws 1905, H. R. 156, sec. 32; in force April 3.