Delaware General Assembly

CHAPTER 284.

OF THE PUBLIC ARMS AND DEFENCE.

AN ACT TO AMEND CHAPTER 392, VOLUME 20, LAWS OF DELAWARE, ENTITLED "AN ACT TO PROVIDE FOR THE MAINTENANCE, DISCIPLINE AND REGULATION OF THE NATIONAL GUARD OF DELAWARE."

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That said Act be and the same is hereby amended as follows:

First. By striking out Section 2, and inserting in lieu thereof of Delaware shall consist of one regiment of infantry, composed of not more than eight companies, with one band or drum corps, and such other detachments as may be necessary for the completion of the organization, to be officered, uniformed, armed and equipped as hereinafter provided, and to be stationed as the Commander-in-Chief may designate; provided, that the force shall not exceed nine hundred and seventy-five officers and men; and provided, further, that the Governor, as Commander-in-Chief, shall have power in case of war, invasion, insurrection, riot or imminent danger thereof, to increase said force and organize the same as the exigencies of the case may require, which increase shall be disbanded as soon as the emergency ceases to exist.

Second. By striking out Section 3, and inserting in lieu thereof the following: "Section 3, each infantry company shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster sergeant, four duty sergeants, six corporals, two musicians, one artificer, two cooks, and not more than forty-eight privates, minimum thirty enlisted men. Each infantry band shall consist of one chief musician, one principal musician, one drum-major, who shall have the rank of a first sergeant, four sergeants, eight corporals, one cook, and twelve privates."

Third. By striking out Section 4.

Fourth. By striking out Section 5, and inserting in lieu thereof the following: "Section 5, each regiment of infantry shall consist of one colonel, one lieutenant colonel, three majors, one surgeon, with the rank of major, one chaplain, with the rank of captain, one adjutant, (an extra captain), one judge advocate, (an extra captain), one assistant surgeon (with rank of captain), one quartermaster, (an extra captain), one commissary of subsistence, (an extra captain), one inspector of rifle practice, (an extra lieutenant), three battalion adjutants, (extra first lieutenants), one sergeant-major, one quartermaster-sergeant, one commissary sergeant, two hospital stewards, two color sergeants, three battalion sergeant majors, and not less than six nor more than eight companies; provided, that if the companies of any regiment shall be from any cause reduced below the minimum number, those remaining shall be formed into a battalion and officered as the Commander-in-Chief may designate."

Fifth. By striking out Section 18, and inserting in lieu thereof the following: "Section 18, The Commander-in-Chief Commander shall appoint a Board of Examiners, to be composed of three commissioned officers, one of whom must be a surgeon, whose duty it shall be to examine into and report upon the qualifications, physical and mental, of all applicants for commission in the National Guard of Delaware, who may be ordered before the board for examination, and no commission shall be granted to the person so ordered before the board until the applicant shall have passed a satisfactory examination before the said board, provided that any applicant who shall have failed to pass a satisfactory examination, shall not be eligible for election to the office for which he was an applicant, until after the expiration of twelve months from the date of his examination."

Sixth. By striking out Section 30, and inserting in lieu thereof the following: "Section 30, the fines provided for by Section 29 of this Act, and all other fines, shall be imposed by a court martial or a summary court. Upon the finding of any such court martial or summary court imposing any of said fines, and upon the approval of the finding by the officer appointing said courts, the fine or fines so imposed, shall be and become at once payable; and in case any officer or enlisted man upon whom a fine has been imposed in accordance with the provisions of this Section, shall fail, refuse or neglect to pay the fine so imposed upon him, within ten days after he shall have been notified thereof, the said fine may be collected in the name of the State, before any Justice of the Peace in the county or city where the delinquent resides, in the same manner as other fines for offenses against the general police regulations of the State are collected, upon the certificate in writing of the proper officer, setting forth the finding of the court martial or summary court, and his approval thereof."

Seventh. By striking out Section 33, and inserting in lieu thereof the following: "Section 33, All arms, equipments or other property furnished to organizations of the National Guard of Delaware, shall, when required by the Adjutant General, the commanding officer of the company, or commanding officer of the regiment to which said company belongs, or by the commanding officer of any detachment thereof, be deposited in the armory of said company, regiment or detachment, and any person to whom such property was issued, failing to deposit as aforesaid any article of such property unless properly accounted for within ten days after he shall have been notified, by written notice from the commanding officer as aforesaid, to return it to the armory, shall, upon conviction thereof by the Court of General Sessions of this State, be adjudged guilty of a misdemeanor, and shall be punished by a fine not exceeding double the value of the property thus illegally- detained, or shall be imprisoned for not less than two weeks nor more than two months, or both.

Provided further, that, when any arms, equipment or other property furnished to organizations of the National Guard of Delaware, are lost or damaged by the act or neglect of any officer or enlisted man, deduction may be made to the amount of such loss or damage, from any pay or allowance that may be or become due, under the provisions of this Act, to such officer or enlisted man."

Eighth. By striking out Section 40, and inserting in lieu thereof the following: "Section 40, All fines and penalties imposed and collected through the sentence of courts martial or summary courts shall be paid into the State Treasury; and any State Detective, Sheriff or Constable neglecting or refusing to execute any process, or to make proper return of all fines collected, shall, upon conviction thereof by the Court of General Sessions of this State, be adjudged guilty of a misdemeanor, and shall be punished by a fine of one hundred dollars for each offense for the use of the State."

Ninth. By striking out Section 41, and inserting in lieu thereof the following: "Section 41, any officer or soldier failing to appear upon any occasion of duty, to which he shall be ordered by his proper commanding officer, shall be subject to a trial by court martial, and upon conviction, he shall be sentenced to pay such fine, or undergo such other /awful punishment, as such court martial may direct. That hereafter in time of peace all enlisted men charged with offenses now cognizable by garrison or regimental courts martial, may be brought before a summary court, which shall consist of the line officer second in rank at the post or station, or of the command of the alleged offender, and at stations where only officers of the staff are on duty, the officer second in rank shall constitute such court. The forms, practice and procedure in all courts martial and summary courts, shall be adopted and conducted as in similar tribunal in the United States Army, unless altered, amended or modified, from time to time, by orders from the Commander-in-Chief."

Tenth. By striking out Section 42, and inserting in lieu thereof the following: "Section 42, when it may be necessary to use any military force for public defense against foreign or domestic violence, or to preserve the public peace, the Governor, as Commander-in-Chief, shall have power according to the emergency, to call out any regiment, battalion, company, or any part thereof, for that purpose. For every day's service while on such duty, each private shall receive one dollar and fifty cents; each corporal one dollar and seventy-five cents; each duty sergeant two dollars; each non-commissioned staff and first sergeant, battalion sergeant, major, drum-major, and principal musician, two dollars and fifty cents; the chief musician, three dollars, besides necessary expenses; and each commissioned officer the minimum pay and allowance of officers of like grade in the United States Army. To be paid by the State Treasurer from State Treasurer any moneys not otherwise appropriated, upon warrants issued therefor by the Adjutant General, and countersigned by the State Military Board."

Eleventh. By striking out Section 48, and inserting in lieu thereof the following: "Section 48, the regimental band or drum corps shall receive, if found upon examination by the Military Board to be up to the proper standard of numbers, drill and discipline, the sum of Three Hundred Dollars annually, and regimental headquarters the sum of one hundred and fifty dollars annually, upon a warrant drawn by the Adjutant General to the order of the regimental commander."

Twelfth. By striking out Section 49, and inserting in lieu thereof the following: "Section 49, there shall be paid for each commissioned officer for each day's attendance for duty at field practice or review, and to each non-commissioned officer, musician and private, present for duty, the pay and allowance as provided for in Section 42 of this Act. And for the purpose of providing for annual field practice of the National Guard of Delaware, a sum of money, not exceeding the sum of Eight Thousand Dollars is hereby appropriated annually, and the State Treasurer is hereby authorized and directed to pay the warrant of the Adjutant General when countersigned by the State Military Board for that amount."

Thirteenth. By striking out Section 52, and inserting in lieu thereof the following: "Section 52, no bill or allowance authorized by the provisions of this Act, shall be approved and paid by the State Treasurer, unless the said bill or allowance is itemized and its contents duly sworn to or affirmed before an officer authorized by law to administer oaths or affirmations, provided, however, that the Adjutant General shall be permitted to draw his warrant on the State Treasurer, properly indorsed by the State Military Board to pay current expenses.

Approved March 16, A. D. 1903.