What denominated the organized militia.

May be called

into active service.

Who may call out troops.

659. SEC. 35. All commissioned officers of the staff of the Commander-in-Chief, the Adjutant-General, and the officers of his staff, all Major-Generals and Brigadier-Generals, and all officers of their respective staffs, and all commissioned officers, non-commissioned oflicers, musicians, artificers, and privates of volunteer regiments, battalions, and companies, whose names are borne upon the muster rolls of their respective regiments, battalions, and companies, shall be denominated the organized militia of Nevada, and shall at all times be subject to be called into active service. Each person shall be called and mustered according to his commission, enrollment, and organized. All other militia in this state shall be denominated the enrolled militia of Nevada.

660. SEC. 36. In case of war, insurrection, or rebellion, or of resistance to the execution of the laws of this state, or upon the call of any officer of the United States army, commanding a division, department, or district in Nevada, or upon the call of any United States Marshal in Nevada, or of any Mayor of any city, or Chairman of the Board of Commissioners of any county, or of any Sheriff, the Commander-in-Chief is authorized to call into active service any portion of the organized or enrolled militia of this state. In case of the absence of the Commander-in-Chief from the capital, or if it be impossible to immediately communicate with him, the civil or military officer making the requisition for troops may, if he deem the danger imminent and not admitting of delay, serve a copy of such requisition, together with a statement of the Governor's absence, or the impossibility of immediately communicating with him, upon the Major-General of the division; in his absence upon the General of the brigade, or commanding officer of a company or detachment, who is hereby authorized to exercise, with respect to calling out of the troops of his division, brigade or command, the powers conferred in this section upon the Governor; but if the call shall be disapproved by the Governor, the troops called into service will be immediately disbanded. Such call for any portion of the organized militia shall be made by an order issued and directed to the commanding officer of the company, battalion, regiment, brigade, or division which is so called into service, designating in such order the particular troops called, the time and place of rendezvous, and the officer to whom they shall report. If such order be directed to a MajorGeneral of division, it will be immediately communicated to the Brigadier-Generals of his division, and by them to all the officers of their respective brigades, and any officer receiving such order will rendezvous and report for duty as herein directed; and any officer commanding an organized volunteer company or battalion, on receiving such order, will immediately proceed to notify the same to each individual of his command, by personal notice, or by publication in some newspaper, or by the usual posting in public places of the county or counties from which the call is made; and such officer shall attend in person, or by deputing an officer of the organized militia in his place, at the

place of rendezvous, and take the names of all volunteers for service under such call; and if the number of such volunteers shall be sufficient to form one or more companies or battalions, according to the provisions of this Act, he shall immediately call and superintend the election of the officers of such companies or battalions, which elections shall be conducted in the manner prescribed in this Act for the election of officers of volunteer companies and battalions, except as to the publication of notice of such election, a proclamation of the call of such election, made by the officer calling it at the place of rendezvous, being deemed a sufficient notice. But the Commander-in-Chief shall have authority, if he shall deem it expedient, to direct that a portion of the volunteers so presenting themselves shall be assigned to organized volunteer companies or battalions, already in active service, whose numbers are less than the full complement prescribed in this Act; after which those volunteering shall organize and elect as herein described.

dratt to be 1- made.

661. SEC. 37. If the number of volunteers so presenting volunteers themselves at the place of rendezvous, shall not be sufficient to insufficient, satisfy the call of the Commander-in-Chief, the Brigadier-General of the brigade in which such call is made shall promptly proceed to draft from the enrolled militia of his brigade a sufficient number of men to satisfy said call; and this draft shall be made by putting the names of all the enrolled militia of the county, or counties from which the order directs the forces to be raised, into a box, and drawing therefrom a sufficient number of names to satisfy the call. The persons whose names are so drawn will be summoned by some officer or officers appointed for that purpose by the Brigadier-General, in the manner prescribed by law for the summoning of witnesses in civil cases, the time and place of rendezvous, as ordered by the Brigadier-General, being stated in the summons. It shall be the duty of the Major-General to be present and to superintend the drafting of the enrolled militia under any call by the Commander-in-Chief, but his presence shall not be necessary to give validity to the proceedings. In case of the absence or inability of the Brigadier-General, the officer next in rank of the brigade, or in default of any officer of that brigade for duty, the Major-General of the division, or in his default, the Commanderin-Chief, shall designate some officer to perform the duties prescribed to such Brigadier-General, with respect to making such drafts; and as soon as a sufficient number of such drafted men shall have appeared at the rendezvous to form a company or companies, they shall proceed to the election of their company officers, in the manner prescribed in section thirty-nine of this Act.

662. SEC. 38. Any company or companies of the enrolled May fill militia so drafted and organized, by direction of the Commander- vacancies. in-Chief, shall be enrolled and mustered into any battalion of the organized militia having less than eight companies; and any drafted men of the enrolled militia not organized into companies may, at the discretion of the Commander-in-Chief, be

13

Same.

Who shall command.

Duration of commission.

Penalty for refusal to rendezvous.

enrolled and mustered into any existing company of organiz or enrolled militia not having the full number authorized law, and which has already been called into active service. the enrolled militia, when drafted into service, shall fail to ele to any office designated in such call for an election, in the ma ner and at the time appointed, as provided in this Act, su vacancy or vacancies shall be filled by appointments made the Commander-in-Chief; and any company or companies drafted militia not assigned to and mustered in any incomple battalion of the organized volunteer militia, shall be organize into battalions or regiments, the field officers of which sha be appointed by the Commander-in-Chief, such appointmen being made in all cases where, in the opinion of the Con mander-in-Chief, suitable persons can be obtained from th officers of the organized volunteer militia of this state.

663. SEC. 39. Where troops are called into active servic from different brigades or divisions, and the number so calle into active service shall not be more than sufficient to const tute one complete brigade, or one complete division, the Com mander-in-Chief shall so organize them, and shall designate th particular Brigadier-General, or Major-General, for the com mand of the brigade or division so organized.

664. SEC. 40. The commission of any officer called int active service shall continue until he shall be disbanded by th order of the Commander-in-Chief; provided, that such commis sion shall not be vacated by resignation, dismissal, or revoca tion, as provided in this Act. All vacancies of officers and non commissioned officers, in active service, shall be filled by ap pointment or promotion; the first, by the Commander-inChief, and the second, by the commanding officer of the but talion, or of the company, in case such company forms no part of any battalion. In filling such vacancies of commissioned officers, the Commander-in-Chief shall, as a general rule, promote by seniority, or appoint, on the recommendation of their superior officers, those in active service; and in any case of departure from this rule, the Commander-in-Chief shall report his reasons for such departure to the senate. The commanding officer of troops in active service may nominate to any vacancy, for personal bravery, or service in siege or battle, and if the Governor shall commission some other person than the one so nominated, he shall report his reasons to the senate; and if the senate, in either of the foregoing cases, shall disapprove of the reasons given, the commission so given shall be regarded as vacated, and the Governor shall immediately proceed, with the advice and consent of the senate, to fill such vacancy.

665. SEC. 41. Any officer, non-commissioned officer, musician, artificer, or private, of the organized militia of this state, who shall neglect or refuse to rendezvous and organize when ordered out by the Commander-in-Chief, shall be deemed guilty of disobedience of orders, and shall be tried and punished by a court-martial; and any person of the enrolled militia, who shall refuse or neglect to rendezvous and organize when

drafted, as provided in this Act, shall be subject to a fine of not less than fifty nor more than five hundred dollars, to be recovered by an action to be brought by the District or Prosecuting Attorney, in the name of the State of Nevada, upon the certificate of the officer appointed to make the draft, before any court of competent jurisdiction in the county from which such person was drafted, and the fine so recovered shall be paid into the treasury as belonging to the military fund of the state.

666. SEC. 42. Any private of the organized militia, and substitutes. any person of the enrolled militia, called or drafted into service under the provisions of this Act, may furnish, as a substitute, any person fit for military duty who has not been called or drafted into service.

in-Chief.

667. SEC. 43. The Commander-in-Chief may, in his dis- Duties of cretion, order a public parade of all the organized militia of the Commanderstate, on two days of each year, such parades to be held within the limits of the brigade to which such troops respectively belong; and such public parades shall be reviewed by the Commander-in-Chief, or in his absence, by the Major-General of Division, or by the officer of the brigade of the highest rank present. Immediately after such troops have been reviewed, they shall be inspected by the Inspector-General, or, in his absence, by the Division or Brigade Inspector; and such inspecting officer, after a minute inspection of the dress and military bearing of the field officers and commissioned staff, and the officers of companies, and the arms, accoutrements, and dress of each soldier, will report the result of such inspection to his commanding officer; provided, that upon occasions of reception, or upon the celebration of any event of public importance, the commanding officer of the brigade shall have authority to order out the organized militia to join such parade; twothirds of the commissioned officers of his brigade having first requested him to order such parades, and the parade so ordered is hereby constituted a legal parade; and, provided further, that each and every company of the organized militia of the state shall assemble at least once in each week for military instruction; and all members who absent themselves from such meetings, unless properly excused by the commanding officer of such company, or through absence from the county, or bodily disability, shall be debarred from the exemption of jury duty, and subject to expulsion from their company.

Members of

militia ex

668. SEC. 44. All members of the organized militia of this state, commissioned or mustered as such, and all members organized of the enrolled militia, drafted and mustered into active service empt from under the provisions of this Act, shall be exempt from jury duty, jury duties. and from serving on any posse comitatus, except when called to do so in their military capacity, by the Commander-in-Chief. Proviso. Whenever a member of the organized militia shall be summoned as a juror, in order to entitle him to the exemption provided in this section, he shall be required to produce to the court before which he is summoned, a certificate of the commanding officer of his company, countersigned by the First Sergeant, that he is

Officer to produce commission.

Rules of discipline.

Courtsmartial.

Removal or absence.

a member in good standing, fit for active service, and not in arrears for fines or dues; and such certificate shall bear date the day summons is served upon such member, or later. In the case of commissioned officers, or non-commissioned officers of staff, the production of their commissions, or warrants of appointment, and, if required by the court, their oath, that they are active members of the organized militia of this state, shall be deemed sufficient to exempt them from jury duty.-As amended, Stats. 1869, 60.

669. SEC. 45. The rules of discipline and regulations of the army of the United States shall, so far as the same may be applicable, constitute the rules of discipline and regulations of the organized militia of this state; and the rules and articles of war established by Congress for the army of the United States shall be adopted, so far as they may be applicable, for the government of the militia of Nevada in active service.

670. SEC. 46. The Commander-in-Chief will appoint courts-martial for the trial of general officers and all officers of the staff of the Commander-in-Chief; the Major-Generals of Division will appoint courts-martial for the trial of all staff officers of their divisions and brigades, and for the field and staff officers of battalions and regiments of their respective divisions, and Brigadier-Generals will appoint courts-martial for the trial of all Captains and commissioned officers under that rank, in their respective brigades; the commanding officers of regiments and battalions will appoint courts-martial for the trial of all non-commisioned officers, musicians, artificers, and privates, of their respective regiments and battalions. The commanding officer of a single company, not forming a part of any battalion or regiment, shall have power to appoint courts-martial the same as the commanding officer of a regiment or battalion. The officer appointing a court-martial will revise the proceedings and approve or disapprove the sentences of such courtsmartial and will direct the execution of such sentences, or mitigate the punishment, or pardon the person or persons convicted; but the person or persons so sentenced may apply to the Commander-in-Chief to revise the proceedings and to disapprove them, or pardon the offense; in which case, the officer approving the sentence will transmit the proceedings in such case to the Commander-in-Chief, and the execution of the sentence shall be suspended until the proceedings shall be returned, with the decision thereon. Courts-martial appointed under the provisions of this Act shall be organized in like manner and be subject to the rules and regulations governing courts-martial in the United States army; they shall have the same power to compel the attendance of witnesses, when duly summoned by the Judge Advocate, to preserve order in and about the court-room, during their session, and to punish contempts, as the Judges of the district courts have under the laws of this state.

671. SEC. 47. Any commissioned officer of a brigade or division, who shall remove his residence from the limits of his