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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 may be ordered under such regulations as may be prescribed by the Military Board in the code of regulations provided for in Section 10 of Article 4 of this act.
SEC. 3. General courts martial for the trial of officers and enlisted men upon charges and specifications 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 or precedence 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.
SEC. 5. The president of the general court 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.
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. When fines assessed by courts martial or courts of inquiry, are not paid within thirty days after the sentences are 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.
Miscellaneous. SECTION 1. When the State shall be called upon to 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.
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.
SEC. 2. When an invasion of or insurrection is made, or 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, by the sheriff of the county, or mayor of the city or town, the Governor may issue his order to any com: manding office 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 authority to suppress such violence, and to support the law.
SEC. 3. 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 case, 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 imprisoned 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 orders, shall, on conviction thereof by the county court, be imprisoned not to ex. ceed 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.
SEC. 4. 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:
SEC. 5. Every enlisted man who refuses, or neglects, to serve such notice, when duly ordered so to do, and every officer and enlisted man, who having been served with notice as provided in the preceding section, refuses, or neglects, to obey the same promptly, shall be fined not less than ten, nor more than one hundred dollars, at the discretion of the court martial; all fines assessed under this section shall be paid to the Treasurer of the State for the benefit of the State military fund.
SEC. 6. Adjutants of battalion and squadrons, and first sergeants of troops, batteries, companies, etc., shall attend to and record in books to be provided for that purpose all returns made; and perform such other duties as may from time to time be required of them by the commandant of the organization.
In case of their absence, suitable persons shall be required to perform their duties.
SEC. 7. The commanding officer of each company, troop or battery, shall annually, in March, furnish the Adjutant General a muster roll of his company, and shall within ten days after each encampment required by law, make a return to the battalion or squadron commander showing the state of his company with the number enrolled therein, and the condition of all the arms, uniforms, equipments and ammunition. The commander of each regiment, squad ron or battery shall within twenty days after each encampment, make to the Adjutant General a like report of his command.
SEC. 8. Every officer, or other person having the custody, or control, of the military property of the State, shall, from time to time, make a return of the same in such form, and to such departments, as the regulations may require.
SEC. 9. Every person having the custody of the funds of any military organization shall enter into bond, in twice the amount likely to be held in his hands at any time, but never in less amount than one hundred dollars, with not less than two good and sufficient sureties to be ap
proved by the County Clerk of the county in which said sureties reside, payable to the State of Idaho for the use of such organizations, for the faithful and honest discharge of his duties, and the careful keeping and disbursements of said funds.
SEC. 10. The Governor shall, from time to time, cause such numbers of this act, as may be deemed necessary, to be printed, and the same shall be distributed to the National Guard by the Adjutant General.
SEC. 11. That all laws and parts of laws conflicting with the provisions of the act are hereby repealed.
SEC. 12. Whereas, an emergency exists, therefore this act shall take effect and be in force from and after its passage.
Approved the 11th day of March, 1903.
HOUSE BILL NO. 68.
THE APPOINTMENT OF A JUDGE THEREOF; PROVIDING
SECTION 1. The counties of Fremont, Bingham, Lemhi and Custer, shall constitute and comprise the Sixth Judicial District of this State.
SEC. 2. The Governor shall, within thirty days after the passage of this act, appoint a judge of said Sixth District to hold office until his successor is elected.
SEC. 3. The said judge so appointed shall, within twenty days after his appointment, appoint and fix tho terms of the courts in said district.
SEC. 4. All causes, matters or proceedings now pending in the district courts of said counties of Fremont, Bingham, Lemhi and Custer shall be continued, tried and determined in said Sixth District, and by the judge thereof, as if originally commenced in same.
SEC. 5. An emergency existing therefor, this act shall take effect immediately.
Approved the 2nd day of March, 1903.
HOUSE BILL NO. 74.
RUARY 10, 1899, EXEMPTING CERTAIN PROPERTY FROM
Be it enacted by the Legislature of the State of Idaho:
SECTION 1. That Section 1401 of the Revised Statutes of Idaho be amended to read as follows:
Section 1401. The following property is exempt from taxation :
First. All property used exclusively for school purposes, and such as may belong to the United States, this State, or to any county or municipal corporation or school district within this State:
Second. Churches, chapels and other buildings, with the lots of ground appurtenant thereto and used therewith, belonging to any church organization or society and used for religious worship from which no rent is derived with their furniture and equipments; and hospitals used for benevolent purposes with the lots of ground appurtenant thereto and used therewith from which no rent is derived, with their furniture and equipments; also public cemeteries;
Third. Buildings or parts of buildings owned and used by the orders of Masons and Odd Fellows, or by any other benevolent or charitable society exclusively for the purpose of its order, and their furniture and equipments;
Fourth. The property of resident widows, divorced women and orphan children not to exceed the amount of one thousand ($1,000) dollars, to any one family, when their total assessment is less than five thousand ($5,000) dollars;
Fifth. Growing crops;
Sixth. Capital stock of corporations when the property of the corporation has been assessed;
Seventh. Public and private libraries;
Eighth. Tools of a mechanic, farmer, miner, prospector or house holder or the farming implements and machinery or farmers, not exceeding in value two hundred (200) dollars;