SEC. 4. 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 the active service of the United States.

SEC 5. 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. 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, 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. The Governor shall be Commander-in-Chief 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. His staff shall 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 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. The Nebraska National Guards shall consist of not more than two regiments of infantry, one company of artillery, two battalions of cavalry (of not more than three nor less than two companies) and such independent companies and battalion as the good of the service may require. All enlistments shall be for the term at 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 guardians, 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. 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 aids-de-camp with the rank of Captain.

SEC. 11. 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 . 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. The company of artillery shall consist of such officers and men and be attached to such regiment as the Commander-in-Chief shall order. All meetings for 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. The brigade, regimental and company officers hall be chosen from among the officers and men of the Nebraska National Guard upon recommendation of the respective commands, subject to the approval of the Governor, who shall issue his warrant of commission to each officer.

SEC. 15. 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. All persons serving three years consecutively in the Nebraska National Guards are entitled to an honorable discharge

SEC. 17. 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, provided that the resignation of an officer shall not be accepted while under charges for the commission of any offense.

SEC. 18. 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. Each company and band may make by-laws 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. 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, ammunitions, equipments, colors, camp equipage 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. 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. The Quartermaster General shall cause annually to be inspected the armories of all State property in the possession of the National Guard, and cause to be repaired all such property as he shall find to be damaged

SEC. 23. 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. 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, which shall be made by such commanding officers upon the Quartermaster General, who shall furnish such commanding officer with the uniforms.

SEC. 25. 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), to be prosecuted and collected as in other cases of misdemeanor.

SEC. 26. 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 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. 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 each 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, accouterments and ammunition to the President of the United States.

SEC. 28. 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. The Surgeon General shall examine and determine the candidates for regimental Surgeons and Hospital Stewards; shall have general supervision and control of all matters pertaining to the medical department of the National Guards, prescribing in general orders the physical and mental disabilities exempting from military duties.

SEC. 30. 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. 31. 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 $15,000, conditioned for the faithful performance of the duties of their office.

SEC. 32. 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. 33. The commander of each company shall, annually, in October, make a certified return of the equipment 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. 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, ammunition, uniforms and equipments. The commandant of each regiment 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. 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. There shall be paid for each day's service in complete uniform, when called out by the Commander-in-Chief, the same pay, transportation, ration commutation and forage, as is prescribed by the army regulations of the United States to privates, musicians and officers; Provided, That on parades and encampments authorized by this act, they shall receive transportation and commutation of rations only; Provided further, That the Adjutant General shall receive an annual salary of $500: "Provided, Nothing in this act shall be construed to authorize the Commander-in-Chief to call out the Nebraska National Guards for any purpose except to execute the laws, suppress insurrection, or to repel invasion."

SEC. 37. Pay-roll 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 Accounts.

SEC. 38. The Auditor of Public Accounts is hereby authorized and required, upon presentation of the proper vouchers and pay-rolls, to draw his warrant on the State general fund and against the appropriation made by the Legislature authorized by this act.

SEC. 39. 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. Regimental Surgeons, when not on regular duty with their regiments, or officers ordered on special service by the Commander-in-Chief, shall receive such pay for their service as may be determined by the Commander-in-Chief.

SEC. 41: 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. 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. 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 10th day of August and the 20th day of September, by regiment or brigade, annually or bi-annually, as ordered by the Commander-in-Chief, but such regiment shall perform such encampment duty at least once in two years.

SEC. 44. The place of such encampment shall be designated by the proper commanding officer, subject to approval by the Commander-in-Chief. Orders for encampment shall be given at least twenty days prior thereto, and for said parade at least five days prior thereto, by depositing the same in the mail, properly addressed to the person to be notified, or by leaving the same at his usual place of abode, or by reading the same to his respective commands. Each section of artillery shall parade one day in September for drill in its own town, and the Commander-in-Chief may, at his discretion, order any section of artillery to attend regimental encampment. No member of the Nebraska National Guards shall be exempt or relieved from military duty by membership or service in any fire company.

SEC. 45. Every company when encamped shall have roll call on the first day at noon, and at tattoo on the remaining days at reveille--at noon and at tattoo; absence without leave from either of said roll calls shall be deemed as absence for the entire day and so reported on the pay-roll. The commander of the regiment shall detail officers from his staff, who shall attend the roll calls of the companies, and report to him the names of absentees of such companies, and such report shall be forwarded to the Adjutant General.

SEC. 46. The commanding officer of any encampment or parade, may cause those under his command to perform any field or camp duty he shall require, and my put under arrest during such encampment or parade any number of his command who may disobey a superior officer, or be guilty of disorderly or unmilitary conduct, and any other person who may trespass upon the parade or encampment ground, or molest the orderly discharge of duty by the members of his command; and he shall prohibit the sale of all spirituous and malt liquors within one mile of such parade or encampment.

SEC. 47. The Brigadier General shall direct such target practice at the annual parade or encampment as he may deem expedient, and shall attend such encampment and report the conduct and discipline thereof to the Commander-in-Chief, who, if he shall judge that such encampment has been prejudicial to good morals or military discipline in any regiment, shall not permit another encampment of such regiment until its commanding officer has resigned or been removed.

SEC. 48. The commanding officer of each encampment shall make a requisition on the Quartermaster General at least ten days prior thereto for the necessary transportation, tents, blankets, camp equipage and supplies therefor, and, if approved by the Adjutant General, shall furnish the same.

SEC. 49. The commandant of each regiment may order semi-monthly evening drills by any company of his command from October to April, inclusive, of not less than one hour each, and shall inspect at least one evening drill of each company during said period, or detail a field officer for such inspection. The officer making such inspection shall receive his necessary traveling expenses, to be paid upon certified vouchers of the proper officer, approved by the Adjutant General.

SEC. 50. The Commander-in-Chief shall have power to enforce discipline, and may prescribe all needful rules and regulations to maintain order and discipline among the officers and men of the State National Guards by general orders issued by him to the several commands, and to enforce the same; may order courts of inquiry and courts martial under a regulation as to the formation of and power of said courts and mode of procedure in the trial of offenses against the military law of the State, and detail as to the carrying into effect the finding and judgments of said courts; Provided, That the courts organized by virtue of this act shall not have power to fine or imprison any officer or soldier for any crime committed by him punishable by criminal procedure under the laws of the State.

SEC. 51. Any commissioned officer of the several commands shall have the ordinary powers of a sheriff to arrest any officer or enlisted man for the commission of any crime punishable under the laws of the State, while on any duty authorized by this act, and may proceed against any such offender by information or complaint before any court of law having cognizance of such offense, and may call to his aid as many of his men as may be necessary to make such arrest.

SEC. 52. In no case shall the appropriations for carrying out the provisions of this act exceed $5,000 for the first year, and $2,500 for each succeeding year, until otherwise provided by law.

SEC. 53. Chapter forty-three of the General Statutes of Nebraska, entitled, "An act to authorize the raising of troops on extraordinary occasions, and to authorize the organization of State troops," which passed and took effect March 4, 1870, shall be and the same is hereby repealed.