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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, and officers of the United States shall be subject to military duty and be designated as the militia. [1881 § 1, chap. 64.]
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 the manner herein provided.
SEC. 3. [Number-Enlistment.-The active militia shall be designated as the "Nebraska National Guards:" 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 presented 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 constitutions 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 forces of NebraskaSo help me God."
SEC. 4. [When liable to duty.]-The Nebraska National Guards heretofore mentioned, shall be liable at all times to be ordered into active service, and shall be first called out by the commander-in-chief on all occasions for military service within the state, in time of war, invasion, riot, rebellion, or reasonable apprehension thereof; or upon requisition of the president of the United States, the commander-in-chief may order out for active service such further portion of the militia as he may deem necessary, 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 therein provided for organizing the Nebraska National Guards and commissioned officers therefor, and when so ordered out for service the militia shall be subject to like regulations and services from the state, like compensation as that prescribed for the army of the United States; Provided, that the Nebraska National Guards shall not be called into the service of the United States, but the members thereof are subject to be called into the service of the United States only in the manner herein provided for calling the militia into active service of the United States.
SEC. 5. [Draft.]-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 counties, 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.
SEC. 6. [Enrollment.]-The names of all male citizens of this state, between the ages of eighteen and forty-five years shall annually at the time of assessments of property for taxation for county and state purposes, be enrolled alphabetically by the township or precinct assessors of the townships or precincts in which they separately reside. On such enrollment list and opposite the name of every person exempt from military duty, or a minor, or in the active militia,
NOTE. "An act to establish a military code for the state of Nebraska." Approved Feb. 28. Took effect June 1, 1881.
the assessor shall write the word "exempt," and the reason of such exemption, "minor" or "active militia," as the case may be, and shall sign such lists and file them in the offices of the respective county clerks at the time prescribed by law for filing and returning the assessment rolls, and the clerk shall, on or before the first day of August in each year thereafter, make a certified report thereof to the adjutant general.
SEC. 7. [Commander-in-chief.]-The governor shall be commander-inchief of the militia, and may employ it or any part of it in the defense or relief of the state, or any part of its inhabitants or territories, and shall have all the powers necessary to carry into effect the provisions of this act.
SEC. 8. [General staff.]-His staff shail consist of an adjutant general with the rank of brigadier general, a quartermaster general, a surgeon general, a commissary general, each with the rank of a colonel; an assistant adjutant general with the rank of lieutenant colonel; one inspector general with the rank of major; one advocate general with the rank of captain, appointed by him, who shall perform such duties as shall be prescribed by him or assigned to them by general orders of the commander-in-chief.
SEC. 9. [Arms of service-Enlistments-Minors.]-The Nebraska National Guards shall consist of not more than two regiments of infantry, one company of artillery, and two battalions of cavalry, (of not more than three nor less than two companies), and such independent companies and battalions as the good of the service may require. All enlistments shall be for the term of three years, and made by signing duplicate enlistment papers in such form as may be prescribed by the adjutant general, and one to be filed with the records of the company or band to which such enlistment is made. 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 guardian, 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. 10. [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. The said brigadier general shall nominate on his staff a brigade adjutant with the rank of lieutenant colonel, one brigade commissary, and one brigade quartermaster with the rank of major, and two aides-decamp with the rank of captain.
SEC. 11. [Regiment Officers.]-Each regiment shall consist of not more than ten (10) companies and regimental band, with a colonel, a lieutenant colonel and major. Each colonel shall nominate on his staff one surgeon with the rank of major, one chaplain with the rank of captain, one adjutant with the rank of first lieutenant, one quartermaster with the rank of first lieutenant, one sergeant major, one quartermaster sergeant, one commissary sergeant, one hospital steward, one drum major, and one fife major, and shall issue his warrants for such appointments. SEC. 12. [Infantry company-Regimental band.]-Each company of infantry shall consist of not more than fifty nor less than forty men, with one captain, one first lieutenant, one second lieutenant, five sergeants, eight corporals, and two musicians to be nominated by the company. Each regimental band shall consist of not more than twenty nor less than twelve members.
SEC. 13. [Artillery company.]-The company of artillery shall consist of such officers and men and be attached to such regiment as the commander-inchief shall order. All meetings for the nominations of commissioned officers shall be ordered by the commander-in-chief under such regulations as to time and place as he may prescribe, due notice thereof to be given by him to the commanders of regiments and battalions, and by them to the respective commands by reading such orders at a meeting of such commands.
SEC. 14. [Officers, how chosen.]-The brigade, regimental and company officers shall be chosen from among the officers and men of the Nebraska National
Guards upon recommendation of the respective commands subject to the approval of the governor, who shall issue his warrant of commission to such 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. [Discharge.]--All persons serving three years consecutively in the Nebraska National Guards are entitled to an honorable discharge.
SEC. 17. [Resignations.]-The resignation of any staff officer shall be made to his immediate commanding officer, and if approved by him, shall be forwarded to the commander-in-chief, who shall accept it and grant an honorable discharge. The resignation of any other commissioned officer shall be made to the commander-in-chief through the respective company, regimental and brigade commanders, who shall indorse their approval or disapproval thereon; Frovided, that the resignation of an officer shall not be accepted while under charges for the commission of any offense.
SEC. 18. [Discharge.]-The commissioned officers, both field, line, and staff, may at his option be honorably discharged after serving three years from the date of the warrant of their appointment.
SEC. 19. [Company by-laws.]--Each company and band may make bylaws for its government, which shall be binding on its members when approved by the commander-in-chief, and all fines and penalties imposed by such by-laws shall be collected as hereinafter provided.
SEC. 20. [Arms, equipments, etc., furnished.]-Upon the organization of any company of the Nebraska National Guards, on the requisition of its commanding officers and the approval of the governor, the quartermaster general shall furnish such company at the expense of the state with suitable arms, armories, ammunition, equipments, colors, camp cquipage and transportation from its armory to the place of parade or encampment; Provided, That when any arms, equipments, colors, or camp equipage are delivered to any commander, he shall execute and deliver to the adjutant general a bond, payable to the state of Nebraska in a sufficient sum and with sufficient sureties, to be approved by the governor, conditioned for the proper use of such arms, equipments, colors and company equipage, and the return of the same, when requested by the proper officers, in good order, wear, usages and unavoidable loss and damage excepted.
SEC. 21. [Armories.]—The armory of each company shall be subject to the orders of the quartermaster general and be under the charge of its commanding officer, who shall keep therein all property furnished the company.
SEC. 22. [Same-Inspection.]-The quartermaster general shall cause annually to be inspected the armories of all state property in the possession of the National Guards, and cause to be repaired all such property as he shall find to be damaged.
SEC. 23. [Officer's uniform.]--Every commissioned officer shall furnish himself with a complete uniform, such as prescribed for officers in the United States army of the same rank.
SEC. 24. [Uniforms.]-The regulation uniform of the United States army is hereby prescribed for the members of the Nebraska National Guards, and all the uniforms for the members shall be furnished by the state on requisition by the commanding officer of each company accompanied by a sworn statement of the number of men in active service and belonging to his company, shall be made by such commanding officer upon the quartermaster general, who shall furnish such commanding officer with the uniforms.
SEC. 25. [Property in uniforms.]-Every uniform so furnished by the state shall continue to be its property for three years, when it shall become the property of the company, but until such time said uniform shall remain in the company armory or room, or in charge of the commanding officer of such company or some suitable person by him appointed for that purpose, except when worn in the discharge of military duty; and every non-commissioned officer or
private who shall neglect to return any property of the state to the officer or person in charge of the armory, when notified by the commanding officer of the company so to do, shall be fined in any sum not exceeding fifty dollars ($50.00), to be prosecuted and collected as in other cases of misdemeanors.
SEC. 26. [Arms, when issued.]—No arms shall be issued to any company until the same is uniformed and properly organized as herein provided and it is hereby made the duty of the adjutant general to collect all arms heretofore issued to persons not now regularly organized as members of the Nebraska National Guards and who do not now preserve any regular organization and who do not uniform themselves and meet for drill and improvement in military science.
SEC. 27. [Adjutant general-Records - Returns.] -The adjutant general shall issue all orders of the commander-in-chief and shall keep a record of the proceedings of his office. The records of the brigade and of each regiment, company and band shall be kept by its proper officer in such form as the adjutant general shall prescribe; he shall also furnish all proper blank books, forms and blanks and such military instruction books as the commander-in-chief shall approve, and annually report to the commander-in-chief the condition of the National Guards with a roster of all the commissioned officers and such other matter relating to the National Guards as he may deem expedient, including an itemized statement of the amount of apportionment required by the legislature for his department under the provisions of this act, and on or before the first Monday in January annually make a return of the guard of the state, their arms, accoutrements and ammunition to the president of the United States.
SEC. 28. [Quartermaster general.]-The quartermaster general shall take care of all public property belonging to his department, and annually report to the commander-in-chief on or before the first Monday in 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.
SEC. 29. [Surgeon general.]-The surgeon general shall examine and determine the candidate for regimental surgeons and hospital stewards, shall have general supervision and control of all matters pertaining to the medical department of the National Guards prescribed in general orders, the physical and mental disabilities exempting from military duties.
SEC. 30. [Commissary general.]-The commissary general in time of war or insurrection shall procure supplies and subsistence for the troops, and shall report the state of his department to the commander-in-chief on or before the first Monday in December of each year
SEC. 81. [Bonds of quartermaster and commissary general.]— The quartermaster general and commissary general shall execute all orders given them by the commander-in-chief and shall each execute a bond, with sureties to the state, to be approved by the state treasurer, in the sum of fifteen thousand dollars, conditioned for the faithful performance of the duties of their offices.
SEC. 32. [Inspections.]-When ordered out for inspection, the regiments shall be inspected in accordance with the rules of the United States army by the inspector general, who shall report the quality and condition of the uniforms, arms and equipments of both officers and men, and the other details of his inspection to the adjutant general.
SEC. 83. [Annual reports.]-The commander of each company shall annually in October, make a certified return of the equipments of his command to the commanding officer of his regiment, and like returns of staff officers and regimental bands shall be made by their regimental commanders and of other staff officers by their immediate commanders.
SEC. 34. [Reports after parade.]-The commandant of each company shall, within ten days after each parade or encampment required by law, make return to the regimental commandant, of the state of his company, of all their arms, ammunitions, uniforms and equipments. The commandant of each regi
ment shall make like returns, together with the roster of its officers, to the brigadier general within twenty days after each encampment or parade, who shall make a like return for the brigade, with a roster of its commanding officers, to the adjutant general, on or before the first day of December, annually. The adjutant general may order from each company such additional returns and muster rolls as he may deem expedient.
SEC. 35. [Board to prepare regulations.]-The commander-in-chief shall appoint a board of five commissioned officers who shall prepare rules and regulations to establish a uniform system for the government of the several organizations, and report the same to the commander-in-chief; when approved by him he shall cause the same to be published by general order, for the information and guidance of the Nebraska National Guards.
SEC. 36. [Pay.]-The officers and men of the Nebraska National Guard shall receive the following pay for service in uniform: The Adjutant-General shall receive three hundred dollars ($300) per year. All other commissioned officers, while in actual service and on annual parade and encampment, shall receive the same pay and allowance as are provided by the United States army regulations and acts of congress for officers of like grade and rank in the regular army. The non-commissioned officers, privates and musicians shall receive, when called out by the commander-in-chief, in actual service, and on parade, encampment and monthly drill, two dollars ($2.00.) per day, and commutation of rations; Provided, That they shall not receive commutation of rations at monthly drills. [Amended 1885, chap. 63.]
SEC. 37. Pay rolls.]-Pay rolls for services shall be forwarded in duplicate to the adjutant general within ten days after such services by the company, regiment, brigade, field and staff officers and bands by their respective commandants with a certificate under oath by such commandants that the person therein named has performed the duty and is entitled to the pay therein specified. The adjutant general shall forward one of such pay rolls, if approved by himself, to the commander-in-chief within ten days thereafter, and if approved shall be certified to the auditor of public accourts.
SEC. 38. [Warrant of auditor.]-The auditor of public accounts is hereby authorized and required, upon presentation of the proper vouchers and pay roll, to draw his warrant on the state general fund and against the appropriation made by the legislature authorized by this act.
SEC. 39. [Fines deducted from pay.]-The commanding officer shall deduct from the pay of any member of his command the amount of all fines, penalties and dues due from such member under the by-laws of such company or any provision of this act.
SEC. 40. [Pay of surgeons.]-Regimental surgeons when not on regular duty with their regiments or officers ordered on special service by the commanderin-chief, shall receive such pay for their services as may be determined by the commander-in-chief.
SEC. 41. [Adjutant general's report.]-The adjutant general shall report to the legislature, on or before the first day of each biennial session thereof, the amount of funds required to pay the officers and men, armory rent, clothing, arms, and equipments, transportation, rations, forage, stationery, and fuel, and the legislature may provide by an appropriation out of the state general fund a sufficient sum of money to meet the requirements of this act.
SEC. 42. [Militia exempt from civil duties.]-The officers and men of the Nebraska National Guards shall be exempt from working on roads and highways and from the payment of any poll tax levied for that purpose, and shall be exempt from sitting on any grand or petit jury within this state while a member of the Nebraska National Guards.
SEC. 43. [Parades.]-The Nebraska National Guards shall parade for drill one day annually in September by company or regiment as ordered by the brigadier general, and the infantry shall encamp for drill four successive days between the