Delaware General Assembly

CHAPTER 22

DELAWARE NATIONAL GUARD

AN ACT to amend Chapter 8 of the Revised Code of Delaware 1915, as Amended, and Chapter 15, of said Code relating to the Public Arms and Defense.

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

Sec. 1. That Chapter 8 of the Revised Code of Delaware 1915, as amended, be and the same is hereby repealed and the following inserted in lieu thereof, to be styled:

CHAPTER 8 - DELAWARE NATIONAL GUARD

293. Sec. 1. STATE MILITIA; NAME OF: The active Militia of this State shall hereafter be designated and known as the "Delaware National Guard," and shall be subject at all times to the orders of the officers thereof.

294. Sec. 2. DEFINITIONS: For the purpose of this Act, the words "National Defense Act" shall be taken to mean an act of Congress, entitled "An Act for making further and more effectual provision for the national defense, and for other purposes," approved by the President June third, nineteen hundred and sixteen, and any and all acts that may hereafter be enacted amendatory thereof and supplementary thereto. The word "company" shall apply to and indicate the infantry, headquarters, supply, cavalry, field artillery, engineer, signal, field hospital, machine gun, ambulance, and field bakery units, corresponding in general organization to a company of infantry. The words "regiment" and "battalion" shall apply to any organization of any arm of the service equal in organization to a regiment or battalion of infantry, as the case may be, or so denominated by law.

295. Sec. 3. FEDERAL STATUES; CONFORMITY THEREWITH: The National Guard and National Guard Reserve of this State shall conform to the Federal Statutes now enacted or hereafter enacted, and the Governor of the State, as Commander-in-Chief, is hereby authorized and empowered to make such changes from time to time in matters of organization, administration and discipline as may be necessary in order to conform to the requirements made by Congress for participation in Federal appropriations for the National Guard.

296. Sec. 4. STAFF OF COMMANDER-IN-CHIEF: On and after the third Tuesday in the month of January 1925, the Staff of the Commander-in-Chief shall consist of three Aides-de-Camp, with the rank of Lieutenant-Colonel, one to be appointed from each of the three counties of the State; who shall serve during the term of the Commander-in-Chief, provided however, that the Commander-in-Chief, if he so desires, may reappoint to the same office members of the Staff, who have served in such office for ten years.

297. Sec. 5. ADJUTANT GENERAL, APPOINTMENT OF; DUTIES AND SALARY :The Adjutant General shall be appointed by the Governor, and shall have had previous military experience. He shall qualify and hold office in accordance with the provisions of the National Defense Act or any amendments thereto.

The duties of the Adjutant General shall be as follows, to wit: He shall be Chief-of-Staff of the Delaware National Guard and shall promulgate all orders of the Commander-in-Chief, and shall obey all orders relative to carrying into execution and perfecting any system of military discipline established by law; he shall be in attendance when the Commander-in-Chief reviews the Delaware National Guard, and perform such other military duties as the Commander-in-Chief may direct; he shall keep a register of all the officers and men of the military forces of the State, and keep in his office all records and papers required to be kept and filed therein, and make a full report on or before the thirty-first day of December, in each year, to the Commander-in-Chief upon the condition of the Delaware National Guard; and a detailed statement of all the expenditures during the preceding year; and he shall furnish the proper officials of the United States Government such reports and other information as may from time to time be necessary. He shall purchase with and by consent of the board provided for by Section 36 of this Chapter, such books, blank forms, stationery and other military stores as may be necessary for the proper instruction and equipment of the Delaware National Guard, and issue the same upon proper requisition therefor; and furnish transportation and subsistence to the officers and men when it is necessary so to do for the transaction of military business out of funds which may be appropriated for these purposes. He may, with the approval of the Commander-in-Chief, sell or exchange from time to time, such military stores belonging to the Delaware National Guard as are found unserviceable or in a state of decay, or which it may be deemed for the interest of the State to sell or exchange. The Adjutant General shall receive an annual salary of Sixteen Hundred Dollars, and is authorized to draw his warrant on the State Treasurer, who is authorized and directed to pay the same out of money hereinafter appropriated for military purposes, in equal monthly installments. He shall have power and authority to employ such clerical assistance as may be necessary in the administration of his office, who shall be paid out of funds which may be appropriated for that purpose. He shall furnish bond in such amount and form as may be directed by the Commander-in-Chief, conditioned for the faithful performance of his official duties.

298. Sec. 6. STATE STAFF CORPS AND DEPARTMENTS: In conformity with the National Defense Act and any amendments thereto, the Commander-in-Chief upon recommendation of the Adjutant General shall appoint the officers of the State Staff Corps and Departments, (including officers of the Pay, Inspection, Subsistence and Medical Departments) and all such appointees shall have had previous military experience, and they shall hold their appointments until they shall have reached the age of sixty-four (64) years, unless relieved prior to that time by reason of resignation, disability, or for cause to be determined by a Court-Martial legally convened for that purpose. Vacancies among such officers shall be hereafter filled by appointment from the officers of the Militia of this State.

299. Sec. 7. REGULATIONS; APPOINTMENT OF OFFICERS: The Governor of this State is authorized to issue such regulations governing the appointment of officers in the National Guard of this State and such other matters pertaining to the National Guard as may be necessary in order to conform to the requirements made by Congress for participation in Federal appropriations for the National Guard.

300. Sec. 8. ENLISTMENTS; OATH OF: Enlistments and oath of enlistment in the National Guard of this State shall be in conformity with the provisions of the National Defense Act and any amendments thereto. The oath of enlistment may be administered by any commissioned officer in the military service of the State, or by any other person authorized by law to administer an oath.

301. Sec. 9. ENLISTED MEN; DISCHARGE OF: The discharge of enlisted men from the National Guard of this State shall be in conformity with the provisions of the National Defense Act and any amendments thereto governing the discharge of enlisted men, provided, however, that when men drafted by the United States under the provisions of the National Defense Act for an emergency, are discharged from the service of the United States, they shall revert to the National Guard of this State, and shall continue to serve therein until the dates upon which their enlistments entered into prior to said draft, would have expired if uninterrupted.

302. Sec. 10. OFFICERS; OATH OF; TERM OF OFFICE: All officers known as Commissioned Officers, appointed under and by authority of this Chapter, shall, before entering upon the duties of their several and respective offices, take and subscribe the oath as prescribed by the National Defense Act for officers of the National Guard, and shall hold their appointments in conformity therewith.

Sec. 11. UNIFORMS, ARMS, &C.; OFFICER'S BOND; DISCHARGE OF; SUIT UPON: The National Guard of Delaware shall be uniformed, armed and equipped as nearly as practicable, in accordance with the regulations of the United States Army in relation to uniforms, arms and equipments. Any officer receiving State or Federal Property or Funds for military use, shall give a good and sufficient bond to the State of Delaware, to be approved by the Adjutant General, conditioned for the safe keeping and return of such State or Federal Property or Funds. He shall not be discharged from his obligation therefor until he has properly accounted for such State or Federal Property or Funds, either by receipt, from his successor in command or some other officer authorized to receive the same, for the articles received by him in good order and condition, reasonable wear and use excepted, or by satisfactory proof to the Adjutant General that any and all articles not so accounted for had been properly expended in the service, or defaced, injured, lost or destroyed, without any default or neglect on his part, and if lost, defaced or destroyed through the misconduct of any person, that reasonable efforts had been made by him to recover or prosecute for the same. It shall be the duty of the Adjutant General to enter suit on the bond of any officer, in the name of the State of Delaware, for the value of such property as may have been defaced, injured, lost or destroyed, after having been received by such officer, and which has not been properly accounted for by him as aforesaid, and the officer succeeding to the command of the company or detachment shall be required to file a like bond to the State of Delaware as hereinbefore prescribed, for the safe keeping and return of all property of the State or of the United States, in possession of said company or detachment, upon the terms and conditions imposed upon the officer from which said property was received.

304. Sec. 12. MISAPPROPRIATION OF PUBLIC PROPERTY; MISDEMEANOR; PENALTY: It shall be unlawful for any person to secrete, sell, dispose of, offer for sale, or in any manner pawn or pledge, or buy any arms or equipments or other property furnished to any organization, of the National Guard of Delaware, the property of the State or of the United States, or of any such organization, without proper authority for so doing, and all persons offending against the foregoing provisions, shall, upon conviction thereof by the Court of General Sessions, be adjudged guilty of a misdemeanor, and shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars, or be imprisoned for not less than six months nor more than one year or both.

305. Sec. 13. INJURY TO MILITARY PROPERTY; MISDEMEANOR; PENALTY: It shall not be lawful for any person willfully or maliciously to destroy, injure or deface any arms or other articles of military property belonging to this State or to the United States, and whoever shall so offend shall, upon conviction thereof by the Court of General Sessions, be adjudged guilty of a misdemeanor and shall be punished with a fine not exceeding double the amount of the value of the property so injured or defaced, or be imprisoned not less than two weeks nor more than two months, or both.

306. Sec. 14. MISAPPLICATION OF PROPERTY OR MONEY BY MEMBERS OF DELAWARE NATIONAL GUARD; MISDEMEANOR; PENALTY: Any member of the National Guard of Delaware who shall willfully and unlawfully misapply or convert to his own use any money or other property issued or furnished to the National Guard or any organization thereof, or who shall, when lawfully called upon so to do by the proper officer of said Delaware National Guard, fail or refuse to pay or deliver to said officer any such money or property in his possession, for which the said member was chargeable or accountable, shall, upon conviction thereof by the Court of General Sessions, be adjudged guilty of a misdemeanor and shall be punished with a fine not exceeding five hundred dollars, or be imprisoned for a period not exceeding one year, or both, in the discretion of the Court.

307. Sec. 15. ARMS, &C. TO BE DEPOSITED IN ARMORIES WHEN DEMANDED; DISOBEDIENCE TO SUCH ORDERS; PENALTY: All arms, equipments or other property furnished to organizations of the Delaware National Guard, 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, be adjudged guilty of a misdemeanor, and shall be punished with 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, equipments or other property furnished to organizations of the Delaware National Guard, 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 Chapter, to such officer or enlisted man.

308. Sec. 16. INCAPACITATED COMPANY MAY BE DISBANDED: If it appears to the Commander-in-Chief that a company of the Delaware National Guard has failed to comply with the requirements of the law, so that it is incapacitated to discharge file a like bond to the State of Delaware as hereinbefore prescribed, for the safe keeping and return of all property of the State or of the United States, in possession of said company or detachment, upon the terms and conditions imposed upon the officer from which said property was received.

304. Sec. 12. MISAPPROPRIATION OF PUBLIC PROPERTY; MISDEMEANOR; PENALTY:-It shall be unlawful for any person to secrete, sell, dispose of, offer for sale, or in any manner pawn or pledge, or buy any arms or equipments or other property furnished to any organization, of the National Guard of Delaware, the property of the State or of the United States, or of any such organization, without proper authority for so doing, and all persons offending against the foregoing provisions, shall, upon conviction thereof by the Court of General Sessions, be adjudged guilty of a misdemeanor, and shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars, or be imprisoned for not less than six months nor more than one year or both.

305. Sec. 13. INJURY TO MILITARY PROPERTY; MISDEMEANOR; PENALTY:-It shall not be lawful for any person willfully or maliciously to destroy, injure or deface any arms or other articles of military property belonging to this State or to the United States, and whoever shall so offend shall, upon conviction thereof by the Court of General Sessions, be adjudged guilty of a misdemeanor and shall be punished with a fine not exceeding double the amount of the value of the property so injured or defaced, or be imprisoned not less than two weeks nor more than two months, or both.

306. Sec. 14. MISAPPLICATION OF PROPERTY OR MONEY BY MEMBERS OF DELAWARE NATIONAL GUARD; MISDEMEANOR; PENALTY: Any member of the National Guard of Delaware who shall willfully and unlawfully misapply or convert to his own use any money or other property issued or furnished to the National Guard or any organization thereof, or who shall, when lawfully called upon so to do by the proper officer of said Delaware National Guard, fail or refuse to pay or deliver to said officer any such money or property in his possession, for which the said member was chargeable or accountable, shall, upon conviction thereof by the Court of General Sessions, be adjudged guilty of a misdemeanor and shall be punished with a fine not exceeding five hundred dollars, or be imprisoned for a period not exceeding one year, or both, in the discretion of the Court.

307. Sec. 15. ARMS, &C. TO BE DEPOSITED IN ARMORIES WHEN DEMANDED; DISOBEDIENCE TO SUCH ORDERS; PENALTY: All arms, equipments or other property furnished to organizations of the Delaware National Guard, 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, be adjudged guilty of a misdemeanor, and shall be punished with 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, equipments or other property furnished to organizations of the Delaware National Guard, 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 Chapter, to such officer or enlisted man.

308. Sec. 16. INCAPACITATED COMPANY MAY BE DISBANDED: If it appears to the Commander-in-Chief that a company of the Delaware National Guard has failed to comply with the requirements of the law, so that it is incapacitated to discharge the duties required of it, such company may be disbanded by the Commander-in-Chief.

309. Sec. 17. COMMANDING OFFICER OF DISBANDED COMPANY RESPONSIBLE FOR EQUIPMENTS; PROCEEDINGS TO RECOVER: Upon the disbandment of any company or organization which has received arms, equipments or any other property of the State or of the United States for military purposes, the commanding officer of such company or organization shall be responsible for the return of the same to the custody of some duly authorized officer of the State. And it shall be the duty of the Adjutant General to take the necessary legal proceedings in the name of the State, or direct that proper legal proceedings be taken, as provided for in Section 14 of this Chapter, unless the said property is properly accounted for.

310. Sec. 18. COURTS-MARSHAL: All court-marshal procedures as provided by the National Defense Act shall be in conformity therewith and shall apply to the Delaware National Guard and members thereof; all processes and sentences of said courts shall be executed by such civil officers as prescribed by the laws of this State.

311. Sec. 19. PUBLIC DEFENSE; GOVERNOR MAY CALL OUT NATIONAL GUARD; PAY FOR SERVICE; HOW PAID: 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.

Such service pay and any expenses incidental to said mobilization shall be paid by the State Treasurer from any monies not otherwise appropriated, upon warrants issued therefor by the Adjutant General, and countersigned by the Governor.

312. Sec. 20. NOTICE OF REQUISITIONS FOR MILITARY FORCE; NEGLECT TO RESPOND; PENALTY; COMMISSIONS REVOKED :All such requisitions for military force shall be made known to the forces whose services are required by the commanding officer thereof; and upon refusal of those notified to attend the summons and perform the duty required, they shall be fined as follows: Each non-commissioned officer or private not less than thirty nor more than one hundred dollars, and each commissioned officer not less than one hundred nor more than one thousand dollars, as the Court Marshal shall in all such cases determine; and furthermore, the commission of a commissioned officer shall be revoked.

313. Sec. 21. EXEMPTION FROM ARREST, WHEN; RIGHT OF WAY; EXCEPTIONS: No person belonging to the military forces of this State shall be arrested on any civil process while going to, remaining at or returning from any place at which he may be ordered to attend for military duty. Any portion of the Delaware National Guard parading or performing any duty according to law, shall have the right of way in any street or highway through which they may pass ; provided, the carriage of the United States Mails, the legitimate functions of the police, and the progress and operation of fire engines and fire departments, shall not be interfered with thereby.

314. Sec. 33. INJURED OFFICER OR PRIVATE; CARE OF; COMPENSATION; PENSION IF KILLED; HORSE USE IN SERVICE; APPRAISEMENTS; WHEN PAID FOR; COMPENSATION FOR USE: If any officer or soldier belonging to any regiment, company or detachment of the National Guard of Delaware be wounded or disabled in the service of the State, when called out into such service, he shall be taken care of and provided for at the public expense, and fair compensation shall be allowed him for his time and injury. If killed, his family shall receive compensation according to his rank, as regulated by the pension laws of the United States. If any horse shall be taken into the service of a regiment, company or detachment, the same shall be appraised by the officer in command and two citizens, before it is actually used in such service, and the appraisement entered into a book by the officer who assists in making the same; and in case such horse shall be killed, disabled, die, or be taken by the enemy, the owner shall be paid the full value of such horse; provided the loss has not occurred through the neglect or improper conduct of the owner or his servant; and for the use of every such horse a fair compensation shall be allowed.

315. Sec. 23. RULES WHEN IN SERVICE, THOSE OF U. S. ARMY: Whenever the troops or any part thereof are called into active service, the officers and men shall be governed by the regulations, customs and usages of the United States Army.

316. Sec. 24. APPROPRIATION TO ANY COMPANY OR LIKE UNIT; COMPENSATION OF COMMISSIONED OFFICERS; ADDITIONAL APPROPRIATION FOR COMPANIES WITHIN AND OUTSIDE OF WILMINGTON AND TO REGIMENTAL AND BATTALION HEADQUARTERS; HOW PAID: Each company or like unit, duly organized and found by the proper authorities, on examination of the rolls, and reports returned by the Inspecting Officer, to be fully up to the standard of numbers, drills and discipline, shall receive, the sum of seven hundred dollars per annum, except companies or like units quartered in the State Arsenal at Wilmington, which shall receive the sum of three hundred dollars each; provided, that companies or like units quartered in said Arsenal shall have the benefit of light, fuel and janitors, the expense of which shall be paid from the General Fund.

Commissioned officers of the National Guard who have been present and performed eighty per cent of duty during the year and have been in the service at least one year shall receive annually the sum of twenty-five dollars each to assist in uniforming equipping themselves;

Regimental headquarters shall be paid the sum of three hundred dollars annually for current expenses;

The State Military Band or Drum Corps shall be paid the sum of three hundred dollars annually when upon examination it is found to meet proper and necessary requirements and standard of drill and discipline. These to be paid from funds which may be appropriated for these purposes.

317. Sec. 25. There shall be annually appropriated sufficient funds for the upkeep and proper maintenance of the State Rifle Range.

318. Sec. 26. TROOP B ARMORY; IN CHARGE OF STATE MILITARY BOARD; USE OF; CARE OF; EXPENSE HOW PAID: The building located at Twelfth and Orange streets in the city of Wilmington, the property of the State of Delaware, and known as Troop B, Armory, shall be placed in charge of the State Military Board, to be used as a State Arsenal and Armory, and as quarters for that part of the Delaware National Guard stationed at Wilmington. The State Military Board shall employ janitors who shall also act as Armorers, they shall also keep the building in repair and provided with heat and light, the expense of which shall be paid out of funds which may be appropriated for this purpose.

319. Sec. 27. BILLS TO BE ITEMIZED AND SWORN TO BEFORE PAYMENT; EXCEPT DRAFTS OF ADJUTANT GENERAL FOR CURRENT EXPENSES: No bill or allowance, on account of the Delaware National Guard, authorized by the provisions of this chapter, 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 endorsed by the State Military Board, to pay current expenses from funds which may be appropriated for such purpose.

320. Sec. 28. APPROPRIATIONS; HOW PAID: For the purpose of carrying into effect the provisions of this Act, the several sums of money hereinafter named are hereby appropriated out of the Treasury of this State annually as follows:

Salary of Adjutant General as provided in Par. 297,

Sec. 5 $1,600.00

Clerk Hire, Adjutant General's Office, Par. 297, Sec 5 3,000.00

Appropriations to Companies, Band and Headquarters

Par. 316. Sec. 24 6,600.00

Clothing Allowance, Officers. Par. 316, Sec. 24 1,000.00

Wages of janitor and watchman, light and heat, telephone

and telegraph, postage, printing and publication,

armory supplies, officers bond and insurance,

repairs and maintenance of armories, and

traveling expenses of officers. Par. 318, Sec. 26 6,130.00

State Rifle Range ; wages of caretaker and laborer,

insurance, repairs and maintenance. Par. 317, Sec. 25 2,270.00

Emergency Fund: To be expended only in case of emergencies,

upon warrant of the Governor and the State Military Board 3,000.00

Total Annual Appropriation $23,600.00

For the purpose of carrying into effect the provisions of Sec. 39, Par. 331 of this Act, providing for the shelter for the material supplied the State of Delaware by the United States Government there is hereby appropriated out of the treasury of this State for the year 1921, only, the sum of $15,000.00, in addition to the amounts hereinbefore appropriated, to be expended upon warrant of the Governor and the State Military Board.

There shall be credited against the appropriations provided for in this Section, the sum of eight thousand dollars, the same being the residue of the 1920 appropriation for the Delaware National Guard, in the hands of the Adjutant General.

321. Sec. 29. DELAWARE NATIONAL GUARD ORDERED INTO SERVICE; WHEN; BY WHOM; REGULATIONS OF PLACE; VIOLATION OF, PENALTY; PROCEDURE BEFORE JUSTICE OF THE PEACE: The Commander-in-Chief may, in his discretion, order into service the forces organized under this Chapter, for field maneuvers, target practice or review, at such places in the State as he may deem best suited for the purpose when funds appropriated for such purpose are available ; and whenever such troops are or ordered into service, the Commanding Officer thereof may fix certain bounds not including any public roads, within which no spectator may enter without leave; and whoever intrudes within such limits, when forbidden to do so, or, after entering by permission, shall conduct himself in a disorderly manner, or whoever resists a sentry or guard acting under orders to prevent such entry or to prevent disorderly conduct, may be arrested by the Commanding Officer, or by his order, and taken before any the Commanding Officer, or by his order, and taken before any Justice of the Peace of the County wherein the offense is committed, and upon conviction of the offense shall be fined not less than ten nor more than fifty dollars and the costs of prosecution, and committed until such fine and costs are paid.

322. Sec. 30. OATHS; CERTAIN OFFICERS MAY ADMINISTER, WHEN; FALSE SWEARING; PENALTY: General, Field and Commissioned Staff Officers are authorized and empowered to administer oaths and affirmations, in all matters appertaining to or concerning the Delaware National Guard service, but in no case shall they charge any fee or compensation therefor. Any person who shall falsely swear or affirm to any oath or affirmation so administered, shall be liable to be indicted and punished as in other cases for willful and corrupt perjury, in having violated his oath or affirmation.

323. Sec. 31. RULES FOR DELAWARE NATIONAL GUARD; FORCE OF: The Commander-in-Chief is authorized upon the recommendation of the General Staff or a Board of Officers appointed by him for that purpose, to make and publish rules and regulations for the government, discipline and exercise of the Delaware National Guard, to carry out the provisions of this Chapter, which rules and regulations shall, so far as practicable, conform to the rules and regulations of the United States Army, and which rules and regulations, when promulgated, shall have all the force of the law.

324. Sec. 32. RETIRED LIST; RIGHTS OF RETIRED OFFICERS AND PRIVATES: Any commissioned officer of the Delaware National Guard who has reached the age of sixty-four years, shall be placed upon the retired list by the Commander-in-Chief. Any commissioned officer of the Delaware National Guard, who has faithfully served as an officer of the Delaware National Guard for a period of not less than ten years, may, at his own request, be retired from active service, or if a commissioned officer who has not served as such for the full length of time hereinabove provided, shall become permanently disabled to perform his duties, he may, upon his own application, and in the discretion of the Commander-in-Chief, be so retired. Any enlisted man having served faithfully for a period of fifteen years, or becoming disabled in the service, may be retired from active service in the discretion of the Commander-in-Chief.

Officers and enlisted men retired shall be borne on the roster of the Delaware National Guard as so retired, and shall be entitled to wear the uniform of the highest grade attained by them on all occasions of ceremony. Retired officers may, in the discretion of the Commander-in-Chief, with their consent, be temporarily placed on active duty.

325. Sec. 33. GOVERNOR MAY CALL OUT NATIONAL GUARD ON EXTRAORDINARY OCCASIONS; DECLARATION OF STATE OF INSURRECTION: When it may be necessary to use any military force to provide for the protection of the lives or property of the people of the State, or in time of imminent danger, of foreign or domestic violence, epidemic or breach of the public peace, or imminent danger to the lives or property of the people of this State, 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. Whenever any portion of the National Guard is employed in aid of the civil authority, the Governor, if in his judgment the maintenance of law and order -will thereby be promoted, may by proclamation declare the County or City in which the troops are serving, or any specified part thereof, to be in a state of insurrection.

326. Sec. 34. OFFICERS' COMMISSIONS, ISSUED WITHOUT CHARGE: The commissions of the officers provided for in this chapter will be issued without charge, and will be transmitted through the office of the Adjutant General for record.

327. Sec. 35. DONATIONS BY COUNTY, MUNICIPALITY, OR CORPORATIONS TO THE DELAWARE NATIONAL GUARD; AUTHORITY FOR; DONOR MAY DIRECT USE OF GIFT BY STATE MILITARY BOARD: Any county, municipality, or corporation in this state may appropriate money out of the Treasury of such municipality, County or Corporation, or donate any other valuable thing, or grant or lease any land belonging to them, for the purpose of aiding in the improvement of the Delaware National Guard.

The money is appropriated, or other valuable thing donated, or the land so granted or leased, shall be appropriated, donated, granted or leased to the State Military Board, and expended or disposed of by said Military Board in such manner, and under such conditions, as the donor may direct.

328. Sec. 36. STATE MILITARY BOARD: The State Military Board shall consist of the Commander-in-Chief, the Adjutant General and Ranking Field Officer. This Board is also made an Armory Commission for the State, with all powers necessary to carry out any and all provisions of law for the erection of an Armory and Arsenal in the State of Delaware.

329. Sec. 37. STATE ARMORY AND ARSENAL; USE OF: All government and state military property that the military authorities of the state may desire, shall be stored in the State Arsenals; the use and occupation of the remainder of the Arsenals or Armories shall be turned over to such State Military Organizations or Organization, as may from time to time exist, subject to the supervision of the proper military authorities of the State.

330. Sec. 38. NATIONAL GUARD RESERVE: That hereafter, men duly qualified under regulations prescribed by the Secretary of War may enlist in the National Guard Reserve for a period of one or three years, under such regulations as the Secretary of War shall prescribe, and on so enlisting they shall subscribe to the following enlistment contract and take the oath therein specified: "I do hereby acknowledge to have voluntarily enlisted this _______ day of ______, 19____, as a soldier in the National Guard Reserve of the United States and of the State of Delaware, for a period of one (or three) years, unless sooner discharged by proper authority, and I do solemnly swear that I will bear true faith and allegiance to the United States of America and to the State of Delaware, and that I will serve them honestly and faithfully against all their enemies whomsoever and that I will obey the orders of the President of the United States and the Governor of the State of Delaware, and of the officers appointed over me according to law and the rules and Articles of War": Provided, that members of said reserve, officers and enlisted men, when engaged in field or coast defense training with the active National Guard, shall receive the same Federal pay and allowance as those occupying like grades on the active list of said guard when likewise engaged: Provided further, that, except as otherwise specifically provided in the National Defense Act, no commissioned or enlisted reservist shall receive any pay or allowances out of any appropriation made by Congress for National Guard purposes.

331. Sec. 39. SHELTER FOR MATERIAL, PROVISION, APPROPRIATION FOR: The State Armory Board is empowered to draw on the State Treasurer for the sum of fifteen thousand dollars or so much thereof, as may be necessary for the erection of suitable shelter for material and equipments furnished to the Delaware National Guard by the Federal Government.

Section 2. That Chapter 15, of the Revised Code of Delaware be and the same is hereby amended by striking out 480 Sec. 26 of said Chapter, and inserting in lieu thereof the following: 480 Sec. 26. DELAWARE NATIONAL GUARD; APPROPRIATION FOR; HOW PAID: None of the provisions of Section 19 to 28 inclusive of this Chapter shall apply to the appropriation for the Delaware National Guard, except that, when such appropriation or appropriations become due and payable, the Auditor of Accounts shall draw a voucher or vouchers for the same, as provided in Section 22 of this Chapter.

Section 3. All acts or parts of acts inconsistent herewith are hereby repealed.

Approved March 29, A. D. 1921.