Chapter 15. PUBLIC SAFETY.

§1. Reorganization of National Guard.—The governor of this State is authorized to reorganize the national guard of West Virginia under the provisions of the national defense act of June third, nineteen hundred and sixteen, and amendments thereto. He is authorized to appoint an adjutant general under whose direction the national guard shall be reorganized and maintained.(1921, c. 117, §1; Code 1923, c. 18, §1.)

§2. Commander-in-Chief; Appointment of Officers.—The governor shall be commander-in-chief of all military forces of the State except; those which may be in the service of the United States and during such service. It shall be the duty of the governor to appoint and commission all officers of the military forces of the State, who shall be selected from the classes prescribed in the national defense act, and to issue necessary regulations for the government of such forces.(1897, c. 61, §19; 1905, c. 47, §19; 1921, c. 117, §19; Code 1923, c. 18, §19.)

§3. National Guard; Service Within or Without State.—The organized militia of the State shall constitute and be known as the West Virginia national guard, and shall be liable at all times to be ordered into active service, and all, or any part thereof, may be turned over by the governor into the service of £he United States, on requisition by the president, for service without the State: Provided, That no officer or enlisted man shall be held to such service for a period longer than that of the remaining time to be served by such officer or enlisted man under the term of his commission or enlistment. When the national guard of this State, or any part thereof, is called for under the Constitution and laws of the United States, the governor shall order out for service the national guard or such part thereof as may be necessary. During the absence of organizations of the national guard in the service of the United States, their state designation shall not be given to new organizations, and all organizations and officers on return from such service shall be given their former standing and rank.(1897, c. 61, §6; 1905, c. 47, §6; 1909, c. 62, §6; Code 1923, c. 18, §6.)

§4. Federal Laws and Regulations.—The duty of maintaining and governing the national guard not in the service of the United States rests upon the State, subject to the constitutional authority of congress. The purpose of the force is national defense. Its efficiency as an agent for national defense necessarily depends upon systematic uniformity in the organization, composition, arms, equipment, training and discipline of its component parts. The attainment of such uniformity and efficiency requires on the part of each state a rigid adherence to federal laws and regulations relating to the national guard. Therefore, the governor shall cause the national guard of this State always to conform to all such federal laws and regulations as are now or may hereafter from time to time become operative and applicable, notwithstanding any thing in the laws of this State to the contrary.(1905, c. 47, §7; 1909, c. 62, §7; 1921, c. 117, §7; Code 1923, c. 18, §7.)

§5. How National Guard Constituted and Organized.—The national guard of West Virginia shall consist of the commissioned officers, enlisted men, staff, corps and departments of West Virginia regularly organized and maintained pursuant to law; The governor shall have power to alter, divide, annex, consolidate, disband or reorganize the same and create new organizations whenever, in his judgment, the efficiency of the state force will thereby be increased, except in so far as such action would be contrary to the provisions of the regulations of the war department governing the national guard; and he shall at any time have power to change the organization of departments, brigades, regiments, battalions and companies so as to conform to any organization, system of drill, or instruction now or hereafter adopted for the army of the United States, and for that purpose the number of officers of the brigades, regiments, battalions and companies may be increased or diminished and their rank increased or reduced to the extent made necessary by such change. The officers of the foregoing departments shall be of like rank as officers of similar departments of the army of the United States and shall perform like duties. The number of such officers shall be determined by the governor, but this number shall be limited to the actual requirements of the different departments, and the governor may designate one officer as chief of a number of different departments, unless such action would be contrary to the regulations provided by the war department for the government of the national guard. The governor shall have the power, in case of war, insurrection, invasion or imminent danger thereof, to increase the force beyond the maximum now established by law and to organize the same with the proper officers as the exigencies of the service may require. In the event of the formation of any such new organizations, officers holding commissions in the national guard as organized at such time shall be eligible for commission in such new organizations with like or higher grade and rank, if found capable, after examination by a regular authorized board, and shall be given preference over the one not holding commission at the time.(1897, c. 61, §9; 1905, c. 47, §9; 1909, c. 62, §9; 1921, c. 117, §9; Code 1923, c. 18, §9; 1923, c. 62, §9.)

§6. Composition of Staff, Corps and Departments.—The number and grades of officers and enlisted men in the staff, corps and departments shall be as prescribed by federal law and regulations thereunder issued by direction of the secretary of war. In case of emergency, line officers of the national guard, active or reserve, may be temporarily detailed by the governor for staff duty.

All officers of the staff, corps and departments shall be appointed by the governor from officers or ex-officers who have had previous military experience of not less than two years, and shall hold their respective grades until they reach the age of sixty-four years, unless they resign or are discharged for disability, or by reason of the findings of a court-martial legally convened for the trial of such officer, and vacancies shall be filled by appointment of persons fulfilling the above requirements of this section.(1897, c. 61, §10; 1905, c. 47, §10; 1909, c. 62, §10; 1921, c. 117, §10; Code 1923, c. 18, §10.)

§7. Governor’s Staff; Adjutant General.—The staff of the governor shall consist of one adjutant general with rank of brigadier general; and, in addition thereto, six aides with rank not above that of colonel may be detailed from the line, such details to be made at the pleasure of the governor. The governor may also appoint and commission an honorary staff to serve during his term of office, of such number as he may deem advisable, with such rank as he may fix, which honorary staff will not be held to be a part of the regularly organized militia.

The adjutant general shall be appointed and commissioned by the governor, but no person shall be appointed adjutant general unless such person has had at least one year’s service in the national guard of this or some other state, or in the army of the United States, or in all combined. In time of peace he shall perform the duties of chief of the pay, quartermaster and ordnance departments unless otherwise ordered by the governor, and shall give bond in such sum as the governor may require, such bond to be provided in like manner as the bonds of other officers. He shall receive a compensation of four thousand dollars per annum, which shall be paid to him in equal monthly installments and his term of office shall be for four years He shall attest, record and seal with the seal of the State all commissions issued by the governor, and keep a register of all commissioned officers, with dates of commission, and all change occurring in the commissioned force, and shall keep a full and complete record at all times of the organized militia of the State. He shall, as soon as possible after the first day of July in each year, make a report to the governor of the transactions and the expenditures of his department and the condition of the national guard. Such report shall show all receipts into the military or militia fund of the State from every source, including fines, appropriations from the State, and all moneys received from the federal government and from every other source. All such funds and moneys shall be paid into the state treasury as soon as received, and shall be credited to the military fund. Such report shall also show in detail all expenditures made from each fund, and the purpose of the expenditures, and shall state such other details as the governor may order; and the report shall be communicated by the governor to the next session of the legislature. He shall also make such other reports and returns as may be required by the governor from time to time. He shall cause to be prepared and issued to the different organizations of the national guard all necessary books and blanks for reports, records, returns and general administration, and shall, at the expense of the State, cause the military laws, military code and rules and regulations in force to be printed, bound in proper form, and distributed, one copy to each commissioned officer, and one each to all the circuit, intermediate and criminal court judges, sheriffs, assessors, and justices of the peace in the State requiring them; and shall procure and supply all necessary text books of drill and instruction. He shall keep in his office an accurate account of all state or United States property issued to the State. He shall keep on file in his office all official bonds, except the bond of the adjutant general, which shall be filed with the auditor of the State; the reports and returns of troops and heads of military departments; and all other writings and papers which are required to be transmitted to and preserved at the general headquarters of the state militia. He shall employ such clerical force and assistants as may be required in the military department: Provided, That not to exceed the sum of ten thousand dollars shall be expended for this purpose in any one year. He shall keep all records of volunteers from the State of West of Virginia, commissioned or enlisted, in any of the wars of the United States, and of individual claims of citizens of West Virginia for service, rendered in such wars. He shall assist all persons residing in this State having claims against the United States for pension, bounty or back pay, or such claims as have arisen out of, or by reason of, service in any of said wars. To this end he shall cooperate with the agents or attorneys of such claimants, furnish to claimants of only all necessary certificates or certified abstracts from, or copies of, records or documents in his office, and shall in all practicable ways seek to secure speedy and just action in all claims now pending or which may hereafter be filed: Provided, That any and all the above services shall be rendered without charge to the claimant. He shall establish and maintain as a part of his office a bureau of records of the services of the West Virginia troops during such wars, and shall keep arranged in proper and convenient form all records and papers pertaining be thereto.(1897, c. 61, §8; 1909, c. 62, §8; Code 1923, c. 18, §8; 1923, c. 62, §8; 1925, c. 11, §8.)

§8. Brigade Commander; Appointment or Election.—A vacancy in the office of brigade commander may be filled by the governor by appointment, or he may issue an order for an election to fill the vacancy. In case an election is ordered, the field officers of each regiment and the commanding officers of companies shall be the electors, but no person shall be eligible to appointment or election to this office who has not served in some recognized military establishment for at least five years.(1897, c. 61, §20; 1909, c. 62, §20; Code 1923, c. 18, §20; 1923, c. 62, §20.)

§9. Promotion of Officers.—Promotion to and in the grade of field officer shall be made according to seniority in the line officers assigned to each regiment or separate battalion; to the grade of captain and first lieutenant in the line according to seniority in the line of officers as signed to each company and corps; and to the grade of second lieutenant in the line by election of from one to three candidates who shall take such competitive examination as may be prescribed by the governor, and the candidate passing such examination with the highest rating shall be eligible to the appointment: Provided, That no promotion shall be made until an officer shall have passed a satisfactory examination by a board consisting of three officers appointed by the brigade commander: Provided further, That after satisfactorily passing an examination for promotion to the next higher grade, an officer may, with the approval of the brigade commander, waive his right to such promotion; in which case, and in case of a vacancy remaining unfilled by reason of the failure of an officer to pass his examination, the vacancy shall be filled by the qualified officer next for promotion. Should an officer fail to pass such examination, the next qualified officer shall be promoted to the vacancy, and the officer failing shall within one year be given another opportunity to pass such examination, and again failing he shall be discharged from the service of the State. In the event an officer ordered before an examining board fails to appear at the time and place specified in the order, he shall be discharged from the service of the State unless the brigade commander shall excuse such officer from such attendance upon satisfactory evidence that he was unable at the time to attend.(1897, c. 61, §22; 1905, c. 47, §22; Code 1923, c. 18, §22; 1925, c. 11, §22.)

§10. Elections.—Elections provided for in this article shall be held under such regulations as to notice and manner of conducting such elections as may be prescribed by general orders duly promulgated by the governor. If a person elected at any such election shall not, within ten days after being notified of his election, signify his acceptance to the presiding officer, he shall be considered as declining the office to which he shall have been chosen and a new election shall be held. If within such time he shall have signified his acceptance, the record of the proceedings of the election shall be forwarded to general headquarters by the officer who presided at the election. Every person thinking himself aggrieved by the proceedings at any election for a commissioned officer may appeal to the governor, who shall determine such appeal, and, in case it shall be necessary, order a new election.(1897, c. 61, §§28-30; Code 1923, c. 18, §§28-30.)

§11. Oath of Commissioned Officers.—Every officer duly commissioned shall, within ten days after his commission is tendered to him, or within ten days after he shall be personally notified that the same is held in readiness for him by any superior officer, take and subscribe to the constitutional oath of office. In case of neglect or refusal to take and subscribe to such oath within the time mentioned, he shall be deemed to have resigned such office and a new appointment shall be made or a new election shall be forthwith ordered to fill his place. Such oath shall be taken and subscribed before any officer authorized to take acknowledgments of deeds in this State, or some officer who has taken it himself and who is hereby authorized to administer the same. All military officers attesting oaths required by the provisions of this article shall do so without fee.(1897, c. 61, §31; Code 1923, c. 18, §31.)

§12. Surplus Officers.—Commissioned officers who shall be rendered surplus by reduction, consolidation, or disbandment of organizations, or in any manner provided by law, shall be withdrawn from active service and placed upon the reserve list, if such officer shall have had four years’ continuous service in the national guard of this State immediately preceding his being placed on the reserve list: Provided, That the governor is authorized to honorably discharge such officer having less than four years’ service at the time he is rendered surplus in any manner provided by law. Such officers now on the reserve list as have not had four years’ service immediately preceding their being placed on such list shall in like manner be discharged. Officers placed on the reserve list shall be removed from the line of promotion while on such list, except that officers who may be detailed or promoted from the line to staff duty or to duty in any of the departments, who may be relieved of such staff duty or department duty, shall be placed on the reserve list with rank held at the time of such detail or transfer and promotion, and shall retain the right to promotion, the same as if they had remained in the line. The governor, upon request of organization commanders, may order reserve officers to active duty, in which case they shall rank in their grade from the date of such orders, and he may relieve them from such duty and return them to the reserve list at his discretion. Officers who have tendered their resignations may be placed on the reserve list pending settlement of their property accounts, under such regulations as may be prescribed by the governor.(1897, c. 61, §35; 1905, c. 47, §35; 1909, c. 62, §35; Code 1923, c. 18, §35; 1923, c. 62, §35.)

§13. Resignation of Officers; Removal.—No resignation shall be accepted unless the officer tendering the same furnish to the adjutant general a certificate from each property accounting officer that he has delivered all books and other property of the State in his possession to the officer authorized to receive the same, and that his accounts for money or public property are correct, and that he is not indebted to the State. No commissioned officer shall be removed from office, unless by the senate on recommendation of the governor, stating the grounds on which such removal is recommended, or by the decision of a court-martial, or an examining board, or pursuant to law.(1897, c. 61, §36; Code 1923, c. 18, §36.)

§14. Reserve List; Dismissal of Officers.—Any commissioned officer who shall have served for a continuous period of ten years may, upon his own request, be placed upon the reserve list and withdrawn from active service and command by order of the governor, and the vacancy thereby created shall be filled in the same manner as other vacancies. Any commissioned officer who has become or shall become disabled, and thereby incapable of performing the duties of his office, shall be withdrawn from service and command and placed on the reserve list, and any commissioned officer who has, or shall here after, become unfit or incompetent, and thereby incapable of performing the duties of his office, shall be dismissed. Such transfer or dismissal shall be by order of the governor, and, before making such order, the governor shall appoint a board of not less than three nor more than five commissioned officers, one of whom shall be a medical officer, whose duty it shall be to determine the facts as to the nature and cause of incapacity of such officer as appears disabled, unfit or incompetent from any cause to perform military service, and whose case shall be referred to it by the governor. No officer whose rank or promotion would be affected by the decision of such board, in any case that may come before it, shall participate in the examination or decision of the board in such case. Such board is hereby invested with the powers of courts of inquiry and courts-martial, and, whenever it finds an officer incapacitated for active service, shall report such facts to the governor, stating the cause of incapacity, whether from disability, unfitness or incompetency, and if he approves such findings, such officer shall be placed on the reserve list or dismissed as provided in this section. The members of the board shall, before entering upon the discharge of their duties, be sworn to an honest and impartial performance of their duties as members of such board. No officer shall be placed upon the reserve list or dismissed by the action of such board without having had a fair and full hearing before the board, if upon due notice he shall demand it. It shall not be necessary to refer any case arising under this section for the action of such board, unless the officers designated by the governor to be placed on the reserve list or dismissed shall, within twenty days after being notified that they will be so transferred or dismissed, serve on the adjutant general a notice in writing that they demand a hearing and examination before such board.(1897, c. 61, §37; Code 1923, c. 18, §37; 1923, c. 62, §37.)

§15. Noncommissioned Officers; Appointment.—All noncommissioned officers of the staff, corps, departments and other organizations of the national guard shall be appointed by the appointing authority prescribed by federal law and regulations which are now or may hereafter from time to time become operative and applicable.(1897, c. 61, §24; Code 1923, c. 18, §24; 1925, c. 11, §24.)

§16. Reduction of Noncommissioned Officers.—The officer warranting noncommissioned officers shall have power to reduce, or reduce to the ranks, on the application of the immediate commanding officer of the organization to which he belongs, for good and sufficient reasons, the noncommissioned officers of his command: Provided, however, That in active service for the State, in cases requiring immediate example, a noncommissioned officer may be reduced to the ranks by his immediate commander, subject to appeal to, and review and approval by, the officer warranting him.(1897, c. 61, §39; 1905, c. 47, §39; Code 1923, c. 18, §39; 1923, c. 62, §39; 1925, c. 11, §39.)

§17. Enlistments.—Able-bodied men of good character who conform in all respects to the qualifications prescribed by federal law and regulations now in force, or that may hereafter become operative and applicable, governing enlistment in the national guard, may be enlisted in the national guard of West Virginia under the same conditions and the same enlistment period as are now, or may hereafter be, prescribed by federal law for the national guard of the United States. Every enlisted man, if in active service, may continue to be held for duty for a period not exceeding three months after the expiration of his term of enlistment or reenlistment, and shall retain rank and be eligible to promotion until he is actually discharged. When an organization is consolidated or disbanded, its enlisted men discharged by reason thereof who shall hereafter reenter the service shall have allowed to them as part of their term of service the time already served. An enlisted man may be transferred from one organization to another upon such regulations as the governor may prescribe.(1897, c. 61, §§32, 33; Code 1923, c. 18, §§32, 33; 1923, c. 62, §32; 1925, c. 11, §32.)

§18. Enlistment Paper.—Every person recruited for the national guard shall sign an enlistment paper, which shall be forwarded to the adjutant general, of such form as may be prescribed by the governor, which shall contain an oath of allegiance to the State and the United States. Such oath of allegiance may be taken before any commissioned officer of the national guard, who is hereby authorized to administer the same, or before any civil officer duly authorized to administer oaths. Each applicant before enlistment shall answer and subscribe to such questions in writing as to his physical condition as the chief surgeon may prescribe, which questions and answers shall accompany the enlistment paper and be approved by the chief surgeon.(1897, c. 61, §34; 1905, c. 47, §34; Code 1923, c. 18, §34.)

§19. Discharge of Enlisted Men.—Whenever any enlisted man of the national guard shall have performed service therein for the term of his enlistment or reenlistment, and has turned in to the proper officer all state or military property for which he is responsible, the commanding officer of his battery, company or corps shall grant him a full and honorable discharge from the military service of the State, except in time of insurrection or invasion. Discharge for physical disability shall be granted upon the certificate of a medical officer. The governor or the commanding officer of a brigade may, for sufficient reason, and in his discretion, discharge enlisted men under his command, with or without their consent, at any time, upon the recommendation of the commanding officer of the battery, company or corps, regiment or battalion to which they belong. An enlisted man who can not, after due diligence, be found, or who shall remove his residence from the State, or to such a distance from the armory of his organization, as to render it impracticable for him to perform properly military duties, or who shall be convicted of a felony, or who shall be expelled from his organization in accordance with by-laws lawfully adopted, may be discharged by order of the governor.

Enlisted men may be honorably discharged, discharged, or discharged dishonorably; but in no case may an enlisted man be dishonorably discharged unless by sentence of a general courtmartial, except as hereinafter provided. No enlisted man shall be honorably discharged from service unless he produces the certificate of his immediate commanding officer that he has turned over or satisfactorily accounted for all property issued to him.(1897, c. 61, §§38, 39; 1905, c. 47, §39; Code 1923, c. 18, §§38, 39; 1923, c. 62, §§38, 39; 1925, c. 11, §§38, 39.)

§20. Dishonorable Discharge.—A dishonorable discharge from service in the national guard shall operate as a complete expulsion from the guard, a forfeiture of all exemptions and privileges acquired through membership therein, and disqualification for any military office under the State. The names of all persons dishonorably discharged shall be published in orders by the adjutant general at the time of such discharge, and in two newspapers of opposite politics and general circulation, if such there be in the locality in which such dishonorably discharged person resides, and a complete list of all such dishonorably discharged persons shall be kept posted in all the armories in the State. No persons so discharged shall be admitted to any armory or other meeting place of the national guard or to the immediate vicinity of any encampment, drill or parade of troops. All commanding officers are hereby required to enforce these prohibitions.(1923, c. 62, §102.)

§21. Unlawful Military Organizations; Penalty.—It shall not be lawful for any body of men whatever, other than the regularly organized national guard or the troops of the United States, to associate themselves together as a military company or organization in this State: Provided, That the governor may grant permission to public or private schools of the State to organize themselves into companies of cadets, and may furnish such cadets, under proper restrictions, such obsolete ordnance stores and equipment owned by the State as are not in use by the national guard. Whosoever offends against the provisions of this section, or belongs to or parades with any such unauthorized body of men with arms, shall be punished with a fine of not exceeding one hundred dollars or imprisoned for a term not exceeding six months.(1897, c. 61, §52; 1909, c. 62, §52; Code 1923, c. 18, §52.)

§22. Associations.—The field, staff and company officers of any regiment, or battalion not a part of a regiment, and members of any battery, company or corps, may organize themselves into an association or associations of which the commanding officer shall be president, and by a vote of two-thirds of all their members adopt by-laws, rules and regulations not inconsistent with this article and which shall conform to the system prescribed in regulations, and be submitted to the governor for his approval, and, when approved by him, such by-laws, rules and regulations shall be binding upon any commissioned officers and enlisted men therein, but they may be altered in the manner provided for their adoption from time to time as may be found necessary.(1897, c. 61, §95; Code 1923, c. 18, §95.)

§23. Uniforms, Arms, Equipment and Supplies.—The uniforms, arms, equipment and military supplies necessary for the proper performance of the duties required by this article shall be similar to those prescribed for the army of the United States. Commissioned officers shall provide themselves with the uniform, arms and equipment lawfully prescribed and approved, and there shall be allowed annually, to aid them in procuring and maintaining same in condition for service, the sum of seventy-five dollars each. All uniforms, arms, equipment and other property shall be issued to organizations of the national guard, and accounted for under such regulations as the governor may prescribe.(1897, c. 61, §40; 1905, c. 47, §40; 1909, c. 62, §40; Code 1923, c. 18, §40; 1925, c. 11, §40.)

§24. Military Property.—All officers shall responsible for the safe keeping and return of all military property committed to their charge, but no such property shall be issued until suitable bond shall be given by such officers, in an amount and with security approved by the governor, for the safe keeping and return of the same. Whenever property is ordered transferred by the governor from one company or corps to another, the officer turning the property over shall be held responsible for the same until he has received a receipt from the officer to whom the transfer is ordered to be made. In case of state property s worn out and become worthless in the service of the State, an inspector shall have power to condemn the same and authorize the officer responsible to drop it from his returns, but no inspecting officer shall exercise this power except when inspecting such property under authority of the governor. Any officer who shall neglect or refuse to properly account for any military property he shall have received shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed in section eighty nine of this article.(1897, c. 61, §41; 1905, c. s 47, §41; Code 1923, c. 18, §41; 1923, c. 62, §41.)

§25. Offenses Concerning Property; Penalty.—Whoever shall secrete, sell or dispose of, or offer for sale, or purchase, knowing the same to be such, retain after proper demand is made, or in any manner pawn or pledge, any military property, which shall have been issued under the provisions of this article, shall be guilty of a misdemeanor, and, in addition to the punishment provided for misdemeanors in this article, shall forfeit to the State twice the cost of the property so secreted, sold, disposed of, offered for sale, or purchased, retained after proper demand had been made, pawned or pledged.(1897, c. 61, §42; 1905, c. 47, §42; Code 1923, c. 18, §42.)

§26. Unlawful Wearing of Uniforms; Penalty.—Any person who shall wear any uniform or any device, strap, knot, or insignia of any design or character, used as a designation of grade, rank or office, such as are by law or regulations, duly promulgated, prescribed for the use of the national guard, or similar thereto, except members of the army or navy of the United States or the national guard of this or any other state, members of associations wholly composed of soldiers honorably discharged from the service of the United States, or the members of the order of sons of veterans, shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined not less than ten nor more than one hundred dollars, and any member of the national guard who shall, when not on duty, wear any such uniform or equipment issued by the State without the permission of his commanding officer, shall be subject to a fine of not more than fifty dollars. Any circuit, intermediate, criminal court or justice of the peace shall have jurisdiction over offenses enumerated in this and the preceding sections.(1897, c. 61, §43; 1905, c. 47, §43; 1909, c. 62, §43; Code 1923, c. 18, §43.)

§27. Annual Inspection and Muster.—An annual inspection and muster of each organization of the national guard shall be made by an inspector at such time and place as the governor shall order and direct.(1897, c. 61, §48; Code 1923, c. 18, §48; 1923, c. 62, §48.)

§28. Drills; Target Practice.—Brigade, regiment, battalion and company commanders may in their discretion order drills of such portion of their command as may be deemed necessary; and may in their discretion order target practice for their command: Provided, That if an expense is to be incurred, authority must be obtained from the adjutant general.(1897, c. 61, §49; Code 1923, c. 18, §49; 1925, c. 11, §49.)

§29. Camp or Maneuver Duty.—The governor, except as provided in section forty-nine, shall cause the national guard to perform at least five consecutive days of camp or maneuver duty in each calendar year, exclusive of the time consumed by troops in going to and returning from camp, either by brigade, regiment, or battalion, and shall designate the time and place therefor. The commanding officer of an encampment may fix certain bounds within the limits of the camp ground, not including any public road, within which no spectator shall enter without leave, and whoever does enter within such boundary, either with or without permission, may be expelled therefrom by the commanding officer, or by his order, and whoever intrudes within such limits when forbidden to do so, or, after entering by permission, conducts himself in a disorderly manner, or whoever resists a sentry or guard acting under orders to prevent such entry, or to prevent disorderly conduct, or to expel any person or persons ordered to leave such boundary, may be arrested by the commanding officer, or by his order, and taken before a justice of the peace of the county in which such camp is located, and, upon conviction, shall be fined not less than ten nor more than one hundred dollars, and the costs of prosecution, and committed to the jail of the county until such fine and costs are paid.(1897, c. 61, §50; 1901, c. 88, §50; 1905, c. 47, §50; 1909, c. 62, §50; Code 1923, c. 18, §50.)

§30. Warning for Duty; Exemption From Arrest.—Officers and enlisted men shall be warned for duty in the manner prescribed by the governor in orders or regulations. No person belonging to the military forces of the State, while performing military duty under proper orders of his superior officers, shall be arrested on civil process, nor shall any person belonging to the military forces of the State, while performing military duty under proper order of his superior officer, be arrested on criminal process, except upon process issued from a circuit or criminal court or a judge thereof in vacation.(1897, c. 61, §51; 1901, c. 88, §51; Code 1923, c. 18, §51.)

§31. Absence from Drill, Parade or Other Duty; Penalty.—Commanding officers of companies, batteries, corps or similar organizations of the national guard, upon receiving information as to the whereabouts of any officer or enlisted man of their organization who is absent from any drill, parade or other prescribed duty without having been properly excused, may cause such officer or enlisted man to be taken into custody and forthwith conveyed to the organization rendezvous to be there kept until such duty is completed or until relieved by the organization commander; and said organization commander is hereby authorized to direct any or all members of his command at his discretion to apprehend such officer or enlisted man and convey him to the organization rendezvous.

Enlisted men who shall, without proper excuse, be absent from, or in any other respect be delinquent at, any drill, parade, encampment, meeting for instruction, or other duty ordered by competent authority, may be fined by a summary court not more than five dollars, and imprisoned not more than five days in jail for each offense or delinquency.

The aggregate punishment under this section shall not exceed thirty days’ jail sentence at any one time.(1897, c. 61, §79; 1909, c. 62, §79; Code 1923, c. 18, §79; 1925, c. 11, §79.)

§32. Calling Out National Guard by Governor.—In event of war, insurrection, rebellion, invasion, tumult, riot, mob or body of men acting together by force with intent to commit a felony or to offer violence to persons or property, or by force and violence to break and resist the laws of this State or the United States, or in case of the imminent danger of the occurrence of any of said events, or in event of public disaster, the governor shall have power to order the West Virginia national guard, or any part thereof, into the active service of the State, and to cause them to perform such duty as he shall deem proper.(1897, c. 61, §54; 1921, c. 117, §54; Code 1923, c. 18, §54.)

§33. Calling on Governor or Commander for Aid; Summons.—In case of any breach of the peace, tumult, riot, unlawful assemblage, or resistance of law, or imminent danger thereof, which cannot be speedily suppressed or effectually prevented by the ordinary posse comitatus and peace officers, it shall be the duty of the judge of any court of record, sheriff of any county, or mayor of any city, town or village to call upon the governor for aid, and in cases where the emergency is such as not to admit of this delay, upon the commander of any brigade, regiment, battalion, company or battery, and it shall be the duty of the commanding officer of the brigade, regiment, battalion, company or battery, upon whom such call is made, to order out, in aid of the civil authorities, the military force or any part thereof under his command. Such call for aid shall be by means of a summons issued by such judge, sheriff, or mayor, directed to the commander of any such brigade, regiment, battalion, company or battery, directing him to order his command or such part thereof as in the judgment of such commanding officer may be necessary, to appear at a time and place therein specified to aid the civil authority in supporting the laws; which summons shall be in substance, as follows:

This summons shall be signed and properly attested as the act of such judge, sheriff or mayor, and may be varied to suit the circumstances of the case; and a copy of the same shall be immediately forwarded to the governor by the civil officer issuing the same. The officer to whom the order of the governor or such summons is directed shall forthwith order the troops therein called for to parade at the time and place appointed; and shall immediately, by telegraph or other most expeditious means, notify the governor and brigade commander of the receipt of such summons and also by letter through the usual military channels. Such troops shall appear at the time and place appointed, armed, equipped and with ammunition, and shall obey and execute such orders as they may then and there receive according to law. All orders from civil officers to military commanders must be in writing and attested by two witnesses; but such orders shall contain only the specific act to be performed by the military officer. The manner of performing such act shall be left to the discretion of the military officer. Military commanders shall transmit a copy of such orders at once through channels to the governor.(1897, c. 61, §55; Code 1923, c. 18, §55.)

§34. When Order by Civil Officer to be in Writing; Compliance with Written Orders.—Any officer whose command is called out under, the provisions of this article, and reporting to any civil officer, may require such civil officer to make such order in writing and prescribe therein the outline of the duties required of him and his command, and may decline to obey such orders until put in writing; and while such commanding officer must obey all lawful written orders of such civil officer, such military officer may use his discretion as to the manner of carrying out such orders, so long as he complies with their spirit.(1897, c. 61, §64; Code 1923, c. 18, §64.)

§35. Command to Assembly or Mob to Disperse.—Before using any military force in the at dispersion of any riot, rout, tumult, mob or unlawful assembly, or combination mentioned in this article, it shall be the duty of the civil officer calling out such military force, or some conservator of the peace, or if none be present, then to the officer in command of the troops, or some of person by him deputed, to command the persons composing such riotous, tumultuous or unlawful assembly or mob to disperse and retire peaceably to their respective abodes and business; but in no case shall it be necessary to use any set or particular form of words in ordering the dispersion of any riotous, tumultuous or unlawful assembly; nor shall any such command be necessary where the officer or person, in order to give or it, would necessarily be put in imminent danger of loss of life or great bodily harm, or where such unlawful assembly or mob is engaged in or the commission or perpetration of any forcible or atrocious felony, or in assaulting or attacking any civil officer or person lawfully called to aid in the preservation of the peace, or is otherwise engaged in actual violence to persons and property.(1897, c. 61, §56; Code 1923, c. 18, §56.)

§36. Penalty for Failure to Disperse.—Any person or persons composing or taking part in any riot, rout, tumult, mob or lawless combination or assembly mentioned in this article, who, after being duly commanded to disperse, as provided in the preceding section, willfully and intentionally fails to do so as soon as practicable, shall be guilty of a felony, and, on conviction thereof, shall be imprisoned in the penitentiary for not less than one nor more than two years.(1897, c. 61, §57; Code 1923, c. 18, §57.)

§37. Power of Officers.—After any person or persons composing or taking part, or about to take part, in any riot, mob, rout, tumult, or unlawful combination or assembly mentioned in this article shall have been duly commanded to disperse, or when the circumstances are such that no such command is requisite under the provisions of this article, the civil officer to whom such military force is ordered to report, or if there be no civil officer present, then such military officer (or if such command is acting under the direct order of the governor, then such officer within the limits provided in his instructions) shall take such steps for the arrest, dispersion, or quelling of the persons composing or taking part in any such mob, riot, tumult, outbreak, or unlawful combination or assembly mentioned in this article, as may be required, and if, in doing so, any person is killed, wounded, or otherwise injured, or any property injured or destroyed, by the civil officer, or officer or member of the national guard, or other persons lawfully aiding them, such officer, member or person shall be held guiltless.(1897, c. 61, §58; Code 1923, c. 18, §58.)

§38. Assaults on National Guard or Persons Aiding Them; Penalty.—It shall be unlawful for any person to assault, fire upon, or throw any missile at, against or upon any member or body of the national guard, or civil officer or other person lawfully aiding them, when going to, returning from, or assembled for performing any duty under the provisions of this article; and any person so offending shall be guilty of a felony, and, on conviction, shall be imprisoned in the penitentiary for not less than two nor more than five years.(1891, c. 61, §59; Code 1923, c. 18, §59.)

§39. Repelling Assault.—If any portion of the national guard, or any person lawfully aiding them in the performance of any duty, under the provisions of this article, is assaulted, attacked, or in imminent danger thereof, the commanding officer of such national guard need not await any orders from any civil magistrate, but may at once proceed to quell such attack and disperse the attacking parties, and take all other needful steps for the safety of his command.(1897, c. 61, §60; Code 1923, c. 18, §60.)

§40. Failure to Retire from Unlawful Assembly; Penalty.—Whenever any shot is fired or missile thrown at, against or upon any body of national guard, or upon any officer or member thereof, assembling or assembled for the performance of any duty under the provisions of this article, it shall forthwith be the duty of every person in the assembly from which such shot is fired, or missile thrown, to immediately disperse and retire therefrom, without awaiting any order to do so; and any person knowing or having reason to believe that a shot has been so fired, or missile thrown from any assembly of which such person forms a part or with which he is present, and failing without lawful excuse to retire immediately from such assembly, shall be guilty of a misdemeanor; and any person so remaining in such assembly, after being duly commanded to disperse, shall be guilty of a felony, and, on conviction, shall be imprisoned in the penitentiary not less than one nor more than two years.(1897, c. 61, §61; Code 1923, c. 18, §61.)

§41. National Guard to Have Right of Way.—Any portion of the 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, That the carriage of United States mails and operations of fire engines and fire departments shall not be interfered with thereby.(1897, c. 61, §53; Code 1923, c. 18, §53.)

§42. Regulation of Occupancy of Streets for Passage of National Guard.—Whenever any rout, riot, or mob has occurred or is progressing, or is so imminent that any portion of the national guard is or has been called out for the performance of any duty under the provisions of this article, it shall be lawful for the civil officer under whose orders the national guard is acting, or the commanding officer of such national guard, if it be deemed advisable in subduing or preventing such mob, or riot, or the outbreak thereof, to prohibit all persons from occupying or passing on any street, road, or place, or where the national guard may be for the time being, and otherwise to regulate the passage and occupancy of such streets and places. Any person, after being duly informed of such regulation, who willfully and intentionally, without any lawful excuse, attempts to go or remain on such street, road, or place, and fails to depart after being warned to do so, shall be guilty of a misdemeanor, and, on conviction thereof shall he fined not less than ten nor more than one hundred dollars, or imprisoned in the county jail not less than ten nor more than sixty days or both; and in such case the officer in command of the national guard may forthwith arrest persons so offending and turn them over to some civil magistrate.(1897, c. 61, §62; Code 1923 c. 18, §62.)

§43. Transportation of Officers and Men.—The several railroads and other transportation companies in this State shall furnish transportation for all officers and enlisted men in the national guard, together with the stores, ammunition and equipment, when traveling on duty under orders from competent authority, on request of the officer desiring transportation, which request shall state the number of persons to be carried, and their destination, and for such transportation said companies shall be entitled to receive compensation from the State at the rate specified.(1897, c. 61, §44; 1905, c. 47, §44; 1909, c. 62, §44; 1921, c. 117, §44; Code 1923, c. 18, §44; 1923, c. 62, §44; 1925, c. 11, §44.)

§44. Suits Against Officers or Persons Acting Under Military Authority; Security for Costs.—When a suit or proceeding shall be commenced in any court by any person, against any military officer of the State, for any act done by such officer in his official capacity in the discharge of any duty under this article, or against any person acting under the authority or order of any such officer, or by virtue of any warrant issued by him pursuant to law, the court shall, upon motion of the defendant, when it has been made to appear to the court by affidavit, or otherwise, that the act done is such as hereinbefore set forth, require the person prosecuting or instituting the suit or proceeding to file security for the payment of costs that may be incurred by the defendant therein. This security shall be by bond payable to the State with surety to be approved by the clerk of the court, in a penalty equal to six times the costs incurred and likely to be incurred by the defendant, but in no case shall such bond be for a penalty less than five hundred dollars. The court before whose clerk such bond is given, may, on motion by a defendant, give judgment for so much as he is entitled to by virtue of such bond under the provisions of this section. If such security for costs be not given within sixty days from the time the same is required by the court to be given, the suit or proceedings shall, by order of the court, be dismissed. In case the plaintiff in any suit or proceeding shall be non suited, or shall have a verdict or judgment rendered against him, or in case any such suit or proceeding shall be dismissed for failure to give security for costs, then the defendant shall recover three times the amount of the costs incurred by him. In all such cases as are referred to in this section the defendant may make a general denial and give the special matter in evidence.(1897, c. 61, §96; 1909, c. 62, §96; Code 1923, c. 18, §96.)

§45. Change of Venue of Prosecutions or Suits Against Members of National Guard.—Any civil or military officer or member of the national guard, or any person lawfully aiding them in the performance of any duty required under the provisions of this article, who is indicted or sued for any injury to person or property in endeavoring to perform such duty, shall have the right, and it is hereby made the duty of the court in which such indictment or suit is pending, upon the application of any person so indicted or sued, to remove the trial of the indictment or suit to some county free from exception.(1897, c. 61, §63; Code 1923, c. 18, §63.)

§46. Pay and Allowances.—The pay for officers and enlisted men of the West Virginia national guard for service at camps of instruction, rifle practice, practice marches and maneuvers,or other duties ordered by the President of the United States, shall be such as are provided in the national defense act or amendments thereto. Officers and enlisted men, when employed in the actual service of the State, as defined and provided in this article, beginning on the day they assemble at their armories or other designated places, until the day they have returned thereto and been properly relieved, inclusive, fractional parts of a day counting as a full day, shall receive pay and allowances at the following daily rates:

(a) Officers. The same pay and allowances which are now in effect, or which may hereafter be provided for like grades in the army of the United States. Transportation and subsistence shall be provided by the State.

(b) Enlisted Men. First grade, master sergeants, etc., four dollars and fifty cents per day; second grade, technical and first sergeants, etc., three dollars and seventy-five cents per day; third grade, staff sergeants, etc., three dollars and fifty cents per day; fourth grade, sergeants, etc., three dollars per day; fifth grade, corporals, etc., two dollars and fifty cents per day; sixth grade, privates first class, etc., two dollars and twenty-five cents per day; seventh grade, privates, two dollars per day; cooks, three dollars per day; assistant cooks, two dollars and fifty cents per day. Transportation and subsistence shall be provided by the State.(1897, c. 61, §44; 1905, c. 47, §44; 1909, c. 62, §44; 1921, c. 117, §44; Code 1923, c. 18, §44; 1923, c. 62, §44; 1925, c. 11, §44.)

§47. Command Pay; Inspections; Compensation for Clerical Services and Care of Property.—There shall be paid to each regimental commander one hundred dollars per month, and to each battalion commander fifty dollars per month, payable quarterly, to be known as command pay. The governor may by order direct such organization commanders to make certain inspections of the organizations in their command, and file reports thereon, not exceeding four visits to each of such organizations in any one year, and for which such commanding officer (colonel or major) shall receive no other compensation than that mentioned herein, but may be reimbursed his actual traveling expenses.

There shall be allowed to each regimental headquarters for clerical service the sum of one hundred and fifty dollars per month, and to each company, or corresponding unit, the sum of twenty dollars per month for like services, payable quarterly.

There shall be paid to the enlisted man who is directly responsible for the care and custody of the federal and state property of each organization, and to the chief mechanic of each battery of artillery, the sum of ten dollars per month, payable quarterly, upon the certificate of his commanding officer that he has faithfully and satisfactorily performed the duties assigned him and accounted for all property intrusted to his care.(1897, c. 61, §45; 1905, c. 47, §45; 1909, c. 62, §45; 1921, c. 117; 1923, c. 62, §45; 1925, c. 11, §45.)

§48. Injury While in Service.—A member of the national guard who shall, when on duty or assembled therefor, in case of riot, tumult, breach of the peace, insurrection, or invasion, or whenever ordered by the governor, commanding officer of the national guard, or called in aid of the civil authorities, by proper military order, receive any injury, or incur or contract any disability or disease, by reason of such duty or assembly therefor, or who shall without fault or neglect on his part be wounded or disabled while performing any lawfully ordered duty, which shall temporarily incapacitate him from pursuing his usual business or occupation, shall, during the period of such incapacity, receive the pay provided by this article and actual necessary expenses for care and medical attendance. All claims arising under this section shall be inquired into by a board of three officers, at least one being a medical officer, to be appointed, upon the application of the member claiming to be so incapacitated, by the commanding officer of the brigade to which such member is attached. Such board shall have the same power to take evidence, administer oaths, issue subpoenas and compel witnesses to attend and testify and produce books and papers, and punish their failure to do so, as is possessed by a general courtmartial. The findings of the board shall be subject to the approval of the officer convening it, and also to the approval of the governor, either of whom may return the proceedings of the board for revision and for the taking of further testimony. The amount found due such member by such board, to the extent that its findings are approved by the reviewing officers thereof, shall be paid by the treasurer of the State out of any moneys in the military fund unexpended. The widow and children of every officer or soldier killed, while in the service of the State, shall be suitably provided for by the legislature.(1897, c. 61, §47; 1905, c. 47, §47; Code 1923, c. 18, §47.)

§49. Military Fund.—The sums of money which may be appropriated by the legislature for carrying into effect the provisions of this article, and the fines and penalties required thereby to be paid to the treasurer of the State, shall constitute the military fund of the State for the uses and purposes set forth in this article. The state treasurer shall, at the end of each quarter, render to the adjutant general statement of the condition of the military fund, showing the amount on hand at the beginning of the quarter, the amount received and expended during the quarter, and the balance on hand at the end of the quarter. The adjutant general shall furnish the governor a copy of this quarterly report, and if the sum appropriated by the legislature for any year shall not be sufficient to pay for duty at the annual encampment for the number of days provided in this article, then either such encampment shall not be held for that year, or held without pay, or held for less number of days than provided in this article, as the governor may determine, so that no deficiency shall be created by reason of the holding of such encampment.(1897, c. 61, §41; 1909, c. 62, §46; Code 1923, c. 18, §46; 1923, c. 62, §46.)

§50. Military Expenses; Competitive Bids for Work or Materials.—All payments made under the provisions of this article, except for active service, shall be paid out of the military fund, and all expenses incurred in active service shall be paid out of any moneys in the treasury not otherwise appropriated. The military fund shall be disbursed on warrant of the adjutant general, properly drawn, and in such manner as the governor may order, but no warrant for funds signed by him shall be honored by the auditor until such adjutant general shall have executed and filed such bond as may be required by the governor. Payments shall be made on proper vouchers, which vouchers shall show the authority under which the expenditure are made, contain an itemized statement of the transaction, and be filed for record in the office of the adjutant general. All claims for service rendered or material furnished shall be approved by the officer ordering the work or material, ad shall be over his certificate to the effect that the amount is just and reasonable, and that it has not been previously paid. No expenditures shall be made by any officer until an estimate of the amount and a statement of the necessity therefor shall have been laid before the adjutant general and his approval received. Where practicable competitive bids shall be received for all work or materials involving an expenditure of more than two hundred dollars, and the contract shall be let to the lowest responsible bidder, who, if required by the governor, shall enter into a good and sufficient bond for the proper performance of his contract.(1897, c. 61, §44; 1905, c. 47 §44; 1909, c. 62, §44; 1921, c. 117, §44; Code 1923, c. 18, §44; 1923, c. 62, §44; 1925, c. 11 §44.)

§51. Military Courts.—The military courts of this State shall be: (a) General courts-martial; (b) special courts-martial; (c) summary courts-martial; (d) courts of inquiry.(1897, c. 61, §65; Code 1923, c. 18, §65; 1923, c. 62, §65.)

§52. Appointment and Composition of Military Courts.—(a) General courts-martial may be appointed by the governor and shall consist of not less than five nor more than nine officers, and at all times a majority of the court must be of a grade at least equal to that of the accused. While a number less than five cannot be organized as a general court-martial and proceed with a trial, they may perform such acts as are preliminary to the organization or action of the court.

(b) Special courts-martial may be appointed or by the governor or the commanding officer of a brigade, regiment or detached battalion, and shall consist of not less than three officers.

(c) Summary courts-martial may be appointed by the governor or as provided in the manual for courts-martial, United States army.

(d) Courts of inquiry shall consist of not less than three officers, and may be appointed by the governor or as provided in the manual for courts-marshal, United States army.1897, c. 61, §66; Code 1923, c. 18, §66; 1923, c. 62, §66.)

§53. President; Presiding Officer in Absence of; Sessions; Adjournments; Vacancies; Judge Advocate.—The president of every military court shall be the member of the court highest in grade and rank. Whenever any military court consists of one person, he shall be deemed the president thereof, within the meaning of this article. In the absence of the president of any as military court, the senior officer present shall all preside, with all the powers of president. The court may sit without regard to hours, and may or adjourn from time to time, as may be necessary for the transaction of business. Any vacancy in any military court may be filled by the officer who ordered the court, or his successor in command; and the officer ordering a general court-martial may appoint a judge advocate for the same.(1897, c. 61, §67; Code 1923, c. 18, §67.)

§54. Challenges; Oath.—Challenges to the court, the arraignment of the accused, the proceedings, trial, record and form of appeal, shall in all respects, except as otherwise specially provided herein or in the regulations made here under, conform to the law and procedure of the courts-martial of the United States. After the challenges, if any, have been made and determined, the president of the court or the judge advocate shall administer the oath to the members of the court, and the oath shall be administered to him in turn by the president of the court. The oath shall be administered in the presence of the accused, unless, after due notice, he fails to appear, and in case of a general court-martial, each member shall take an oath to the effect that he will faithfully try and determine, according to the evidence, the matter before him between the State of West Virginia and the person to be tried, and that he will duly administer justice according to the established rules of law for the government of the military forces of the State, and the judge advocate shall take an oath to the effect that he will faithfully discharge the duties of judge advocate of such court according to the established rules of law for the government of the military forces of the State.(1897, c. 61, §68; Code 1923, c. 18, §68.)

§55. Secrecy of Proceedings.—The members and judge advocate of a military court shall keep secret the proceedings and sentence of the court until the same shall have been approved by the proper officer, and shall always keep secret the vote and opinion of any member of a court, unless required to give evidence thereof by a court of justice.(1897, c. 61, §69; Code 1923, c. 18, §69.)

§56. Witnesses.—The president or judge advocate of any military court, both before and after being sworn, may issue subpoenas requiring the presence of witnesses and the production of documentary evidence at any designated place of hearing, and may direct the commanding officer of any organization to cause such subpoena to be served. The president of any military court may, in case of refusal or failure to obey the subpoena issued to any person, issue an attachment to compel the attendance of such witness, which may be served by any peace officer or other person or persons designated by the president of the court. The person attached for refusal or failure to obey such subpoena shall pay the fees for such service, and a penalty of twenty-five dollars to be paid into the state treasury, unless he satisfies the court that his failure to obey was excusable. The court may issue execution for such fees and penalty, which shall be levied in the same manner as other executions under the law of this State.(1897, c. 61, §70; Code 1923, c. 18, §70; 1923, c. 62, §70.)

§57. Administration of Oath to Witnesses; Powers of President Over Testimony and Depositions.—The president or the judge advocate of every military court shall have power to administer the usual oath to witnesses, and the president shall have the same power as civil courts of record to preserve order, to compel witnesses to be sworn and testify, and to have the testimony of such witnesses as cannot be reasonably produced at the trial taken by deposition.(1897, c. 61, §71; Code 1923, c. 18, §71.)

§58. Charges; Trial.—When an officer or enlisted man is put under arrest for the purpose of trial, a copy of the charges and specifications upon which he is to be tried shall be delivered to him or left at his last known place of abode or business, within twenty days after arrest, and a court shall be ordered for his trial within thirty days after the notice of arrest is received by the officer authorized to order the court. He may be held in any jail or other place of detention or released upon his own recognizance or upon such bail as is deemed necessary by the circuit court of the county in which he is detained. If a copy of the charges and specifications be not served, or a court be not ordered within the time herein limited, then arrest shall cease; but such charges and specifications may be served, a court ordered and the officer or enlisted man brought to trial within twelve months after such release from arrest. The appearance of the accused, without objection, and pleading to the charges, shall be deemed a waiver of any defect or irregularity of such service of any of the papers mentioned in this section. If an officer or enlisted man who has been ordered or duly summoned to appear before a military court for trial fail to appear, the court may enter a plea of not guilty for him and proceed to trial in his absence.(1897, c. 61, §72; Code 1923, c. 18, §72; 1923, c. 62, §72.)

§59. General Court-Martial; Offenses by Commissioned Officers; Penalties.—Commissioned officers may be tried by a general courtmartial for the following offenses:

(a) For unmilitary or unofficer-like conduct;

(b) For drunkenness on duty;

(c) For neglect of duty;

(d) For disobedience of orders or any act contrary to the provisions of this article, or to the provisions of the regulations for the government of the national guard;

(e) For refusing to grant a discharge to an enlisted man when entitled to the same;

(f) For oppression or injury of any one under his command;

(g) For a combination or attempt to break, resist or evade the laws or lawful orders given to a person, or advising any person so to do;

(h) For insult to a superior officer;

(i) For presuming to exercise his command while under arrest or suspension;

(j) For neglect or refusal when commanding officer to order out the troops under his command when required by law or lawfully ordered by his superior officer;

(k) For neglect or refusal to make a draft or detachment when lawfully ordered to do so;

(l) For parading the troops under his command on days of election contrary to law;

(m) For receiving any fee or gratuity for any certificate;

(n) For neglect, when detailed to drill or instruct a command, to make complaint for neglect or violation of duty as provided by law, or for any other neglect for which a commanding officer would be liable;

(o) For making a false certificate, account or muster or parade or property return;

(p) For conduct unbecoming an officer or a gentleman, or for conduct to the prejudice of good order and military discipline.

On conviction of any of the above-named offenses, officers may be sentenced to be dismissed, and shall thereby become incapacitated from holding any military commission, may be fined to any amount not exceeding one hundred dollars, and in addition may be confined for a period not exceeding sixty days in the county jail of the county. The order of the general court directed to the jailer of such jail shall be sufficient authority for said jailer to receive and confine said prisoner.(1897, c. 61, §73; Code 1923, c. 18, §73; 1925, c, 11, §73.)

§60. General Court-Martial; Offenses by Enlisted Men; Penalties.—Enlisted men, in time of peace, may be tried by a general court-martial:

(a) For disobedience of orders;

(b) For disrespect to his superior;

(c) For mutiny;

(d) For desertion;

(e) For drunkenness on duty;

(f) For conduct prejudicial to good order and military discipline;

(g) For any act contrary to the military code, or to the provisions of the regulations for the government of the national guard, or to the by-laws of the organization to which he belongs, except for the nonpayment of dues and fines.

On conviction, such enlisted man may be sentenced to be dishonorably discharged with loss of time served, reprimanded, and, if a non-commissioned officer, reduced to the ranks, or may be fined not to exceed fifty dollars, and in addition thereto may be confined in the county jail for a period of not exceeding sixty days in the county wherein such general court-martial is held, and the order from the appointing and approving authority of such general court directed to the jailer of such county jail shall be sufficient authority to receive and confine such prisoner in such jail.(1897, c. 61, §74; Code 1923, c. 18, §74; 1925, c. 11, §74.)

§61. Summary Courts.—The commanding officer of a brigade, regiment, or battalion not a part of the regiment, or the commanding officers of separate companies not a part of a regiment or battalion, may appoint a summary court, to consist of one commissioned officer of his command, for the trial of enlisted men. Any officer so detailed may be relieved from the duties of such court at any time by the officer appointing him, or his successor in office. And another detailed as such court. Proceedings of pending before such court shall not abate or be suspended by reason of such relief and new detail; and any officer so detailed shall have full power and authority to do and perform all acts necessary to complete any proceedings pending before the court to which he was appointed, and to carry into effect any judgment, mandate, order or processes made or issued by such court a previous to such relief and new detail. A summary court so appointed shall be permanent and continuous. Its sessions shall be held at such times, and in such places, as may be most convenient for the prompt dispatch of the business of the court, within the discretion of the officer constituting the same. The officer constituting such court may appoint, and at any time remove, a clerk thereof, who shall receive a reasonable compensation to be fixed by such officer, not to exceed one dollar for each man tried, which amount shall be taxed as a part of the costs in said case.

It shall be the duty of the commanding officers of every regiment or battalion, and of every company, battery or corps attached to a regiment or battalion, and of every battalion, separate company and corps, to make return to the summary court appointed for, or having jurisdiction over, the enlisted men of his command, as herein provided, of all delinquents in his command; whereupon such delinquents shall be forthwith summoned to appear before such summary court at the time and place designated in the summons. The record of trial of such court shall, without delay, be delivered to the be officer ordering the court, or to his successor in command, who shall approve or disapprove the same within ten days thereafter.(1897, c. 61, §75; Code 1923, c. 18, §75; 1925, c. 11, §75.)

§62. Oath of Members; Jurisdiction.—Before entering upon their duties summary courts shall take an oath of office to the effect thatthey will well and truly try and determine, according to the evidence, all matters between be the State of West Virginia and any person or persons who shall come for trial before the courts. This oath may be taken before any officer authorized by law to take acknowledgments of deeds or before a field officer. The jurisdiction of the summary court authorized by this article shall be the same as the jurisdiction of summary courts of the United States army.(1897, c. 61, §76; 1905, c. 47, §76; Code 1923, c. 18, §76.)

§63. Form of Summons.—The form of summons issued by summary courts provided by this article shall be substantially as follows, the blanks being properly filled in:

(1897, c. 61, §78; Code 1923, c. 18, §78; 1925, c. 11, §78.)

§64. Service of Summons; Penalty for Failure.—The president of a summary court shall designate and direct a fit person or persons to summon all delinquents to appear before the court. Service of the summons shall be made by the person so designated in the same manner as service of process in civil cases. The person serving the summons shall receive a fee of one dollar for such service, together with five cents per mile in necessary travel, and such fee of one dollar, together with mileage, shall be taxed as a part of the costs in such proceeding.

The summons may be directed by the president of the summary court to the sheriff, or his deputy, or any constable, or member of the department of public safety, or to any individual, in the county where such delinquent resides or may be found for service; and it shall be the duty of such person in whose custody the summons has been placed for service forthwith to serve same, if the delinquent be found, and make due return thereof, before the return day of the summons, to the president of the summary court. The return of service of such summons shall be in form and effect the same as is customarily used by officers in making returns in civil process. Any member of the department of public safety, sheriff, or his deputy, constable or individual, who shall refuse, fail or neglect to serve such summons and make his return thereon to the president of the court before the return day thereof, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not to exceed fifty dollars. Justices of the peace shall have jurisdiction of such offenses.(1897, c. 61, §77; Code 1923, c. 18, §77; 1925, c. 11, §77.)

§65. Trial; Judgment; Duties of Sheriff; Penalty.—On the return day of the summons the president of the summary court shall hear the evidence and render judgment thereon as the case may be. If, however, on the return day of the summons the accused fail to appear, after having been duly served with such summons, the president of the summary court shall proceed to hear the evidence and try the accused in his absence and render judgment thereon as the case may be and the facts warrant. If such judgment be for a fine and costs solely, the president of the summary court shall forthwith issue an execution in form and effect as hereinafter set forth, and place it in the hands of the sheriff of the county wherein the accused may be found. If, however, the judgment of the summary court against the accused is for confinement in the county jail, the president of the court shall forthwith issue an order directed to the sheriff of the county wherein the accused may be found, directing said sheriff to take into custody the body of the accused and confine him in the county jail of the county where said summary court proceeding was had for the period of the judgment. Such order so delivered by the president of the court shall be coextensive with the State, and shall be sufficient evidence and authority for the jailer of such county jail to receive the body of the accused and confine him therein pursuant to said judgment. No prescribed form of order for confinement of the accused shall be required.

Any sheriff who fails, neglects or refuses to perform any duty required of him by this section by reason of any order of confinement directed by the president of any court-martial, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than one hundred dollars for each offense.(1925, c. 11, §78.)

§66. Form of Execution; Presumption of Jurisdiction of Military Courts.—Execution for the purpose of either collecting the fine and costs or imprisoning the delinquent for failure to pay the same shall be substantially in the following form, blanks being properly filled in:

The papers constituting the summons and judgment entered on the back thereof and the execution shall each and all be prima facie evidence of the facts therein or therein stated, before all courts. The jurisdiction of the courts established by this article shall be presumed and the burden of proof shall rest with the person seeking to oust any such court of jurisdiction in any matter or proceeding.(1897, c. 61, §78; Code 1923, c. 18, §78; 1925, c. 11, §79.)

§67. Courts of Inquiry.—Courts of inquiry to consist of from one to three officers of at least equal grade with the officer, or with the senior officer if there be more than one, in regard to whom the court is ordered, may be ordered by the governor or the brigade commander for investigating the conduct of any officer or for investigating any facts made the subject of military complaint. Such courts of inquiry shall, without delay, report the evidence adduced, a statement of the facts, and, when required, an opinion thereon, to the officer ordering the court.(1897, c. 61, §80; Code 1923, c. 18, §80.)

§68. Disorderly Conduct Before Military Court; Penalty.—Any person other than a member of the national guard who shall be and guilty of disorderly, contemptuous or insolent of behavior in, or use any insulting or indecorous language or expressions to or before, any military court, or any member of either of such courts, in open court, to interrupt the proceedings or to impair the authority of such courts, shall be guilty of a misdemeanor and may be arrested by the order of the president of the court, and at once delivered to the civil authorities; and such person, if found guilty, shall be fined not less than five nor more than fifty dollars, or imprisoned in the county jail not exceeding thirty days, or both fined and imprisoned. Justices of the peace shall have jurisdiction of such offenses.(1897, c. 61, §81; Code 1923, c. 18, §81.)

§69. Record and Approval of Sentence of Court-Martial.—The record of the proceedings and sentence of every court-martial shall, without delay, be delivered to the officer ordering the court, or to his successor in command, who shall approve or disapprove thereof. No commissioned officer shall be discharged or dismissed by sentence of a court-martial, unless such sentence is approved by the governor. The sentences of courts shall be published in orders.(1897, c. 61, §82; Code 1923, c. 18, §82.)

§70. Reconvening Court-Martial.—Every officer authorized to approve or disapprove the proceedings of a court-martial is authorized to reconvene court and send back its proceedings for revision, and to remit, commute, or investigate any punishment awarded by the court.(1897, c. 61, §83; Code 1923, c. 18, §83.)

§71. Collection and Disposition of Fines.—All fines under the provisions of this article shall be levied or collected by the sheriff of the county in which such fines are imposed, or the sheriff of any county of the State in which the delinquent is found, and paid to the treasurer of the State, who shall credit the same to the military fund of the State, except that fines imposed under the by-laws of military organizations authorized by this article shall be paid to the commanding officer of such organization, and by him credited to the fund thereof. Whenever process of law is necessary for collection of fines, the sheriff shall collect in addition thereto his usual fees; but when fines are paid voluntarily the fees of the sheriff shall be deducted therefrom.(1897, c. 61, §84; Code 1923, c. 18, §84.)

§72. Execution in Aid of Collection of Fines and Penalties.—For the purpose of collecting any fines or penalties imposed by any court-martial or summary court, the president of the court shall issue execution, or executions, for the collection thereof, and deliver the same to the sheriff of the county, and such sheriff shall forthwith levy on the goods and chattels of the delinquent, and, in addition to such fine, shall collect the necessary costs of such proceedings, as provided in civil cases. On failure, within twenty-four hours from the time of delivery of such execution and costs into his hands, to satisfy such execution from the goods and chattels of the delinquent, the sheriff shall forthwith take the body of the delinquent to the county jail and therein confine him to serve the execution at the space and rate of one day’s confinement for each two dollars of fine and the costs: Provided, however, That the delinquent may furnish a bond with good and sufficient surety to the sheriff to stay such execution and costs for a period of thirty days, either before confinement or during confinement; and if at the expiration of said thirty days such delinquent fails to pay the execution and costs, the sheriff may apprehend the delinquent and confine him in the county jail, as in the original proceeding; and if the accused be not found, the sureties on such bond shall be liable to the State of West Virginia for the amount of said execution and the costs thereof.

The sheriff shall be entitled to a commission of five per cent on the amount of the fines and penalties for the collection thereof; a fee of one dollar for making a levy on the goods and chattels of the delinquent; and in case of making an arrest, a fee of sixty cents for making such arrest.(1897, c. 61, §§86, 87, 88; Code 1923, c. 18, §§86, 87, 88; 1925, c. 11, §86.)

§73. Failure of Sheriff to Execute Process or Return Fines.—Any sheriff failing to execute any process, or to make proper return of all fines and penalties collected, shall be guilty of a misdemeanor.(1897, c. 61, §98; Code 1923, c. 18, §98.)

§74. Violation of Regulations of Organized Associations.—For violation of by-laws, rules and regulations of associations organized pursuant to this article, enlisted men may be tried by a military court having jurisdiction. Enlisted men may also be expelled from the battery, company or corps to which they belong, by a vote of the majority of all its members, and upon such action being confirmed in orders by the brigade commander, such enlisted men shall be discharged.(1897, c. 61, §90; Code 1923, c. 18, §90.)

§75. Fines by Organized Associations.—When a certified copy of the proceedings relating to the infliction of any fine for offenses against the by-laws, rules and regulations of any association organized pursuant to this article, and any dues not exceeding twenty-five dollars, with a copy of such by-laws, rules and regulations, has been returned to any summary court, such fine may be enforced by such court in the same manner as a fine for delinquency.(1897, c. 61, §89; Code 1923, c. 18, §89.)

§76. Actions Against Members of Military Courts.—No action shall be maintained against any member of a military court, or officer or agent acting under its authority, on account of the imposition of a fine or penalty or for the execution of a sentence on any person.(1897 c. 61, §91; Code 1923, c. 18, §91.)

§77. Armory Board; How Constituted; Duties.—The governor, the secretary of state and the state auditor shall constitute the state armory board, whose duties it shall be to approve the selection of all armory sites and plans and specifications, to contract for the erection of all armories, for the purchase of buildings suitable, or which can be made suitable, for armory purposes and the acquisition of armories alread constructed, to audit and approve all bill claims and accounts in connection with the construction or purchase of all armories befor such bills, claims and accounts shall be paid, and to perform such other duties as this article may require, but without compensation except that their actual and necessary traveling expenses shall be paid; and allowance shall be made for the necessary clerical assistance, printing, stationery and postage, which shall be paid out of the fund appropriated for the maintenance of the national guard.(1923, c. 62, §103.)

§78. Control of Armories; Acquisition Sites; Expenditures.—The state armory board shall have control of any arsenal, armory, or other quarters of the national guard, campground and rifle range owned by the State, and shall cause the same to be kept in good repair and all money which may be appropriated for the erection, acquisition or repair of such buildings, grounds or ranges may be expended an shall be accounted for by the armory board. The armory board may procure by purchase or condemnation sufficient ground for armory arsenals, quarters, camp grounds or rifle range when funds are available for the purpose, the title of same to be in the name of the State and may, when the State shall be reimburse for its expenditures, transfer title of such campgrounds and rifle ranges to the United States, but may provide for the retention by the State of civil and police jurisdiction through such of ranges and camp grounds and a right to tax persons residing thereon; the government of the United States being authorized to hold for this purpose not to exceed in all one thousand acres of land in the State.

The state armory board may expend from state funds not to exceed seventy-five thousand dollars in any one year for the purposes of this article, and shall designate as nearly equally as possible from the several military organizations of the national guard which of them shall receive aid in any one year, taking into consideration of the proficiency of the organization asking for aid, and its needs, and giving preference to organizations not already provided with a suitable armory.(1923, c. 62, §104.)

§79. Control of New Armories; Rules and Regulations.—Upon the completion of any new all armory building or the purchase of any armory, building property, the control and use of such armory shall vest in the armory board as provided in this article: Provided, That the proceeds of rentals and other revenue derived from such armories may be devoted and applied by the armory board to the maintenance, extension, improvement and equipment thereof. The armory board may make and alter rules and regulations for the government of all officers and persons having charge of armories, arsenals, or other military property in this State.(1923, c. 62, §108.)

§80. Municipal Aid for Armory Purposes; Issuance of Bonds.—Any city or village, or two or more cities or villages jointly, in which of an armory has heretofore been, is now, or may hereafter be, erected or authorized under the or provisions of this article, may raise and appropriate money and funds in the aid of the construction, repair or improvement thereof, and to that end may issue bonds payable not more or than thirty years after their issue and bearing interest at a rate not exceeding six per cent per annum, and may deposit such money and funds and the proceeds of the sale of such bonds or with the state treasurer to the credit of the proper construction fund, and may make such further provisions for the maintenance and improvement of such armory as may be deemed necessary: Provided, That whenever the board deems it expedient and in furtherance of the purposes of this article, it may purchase and finish armories already built or partly built.(1923, c. 62, §104.)

§81. Funds for Armory Purposes.—All moneys raised for the building of any armory shall be paid to the state treasurer, who shall keep separate account with each company or battery which shall avail itself of the provisions of this article, and credit the same with the amount of money deposited by such organization, together with the appropriation made under the provisions of this article; and all bills for the construction or purchase of armories shall, after being approved by such board, be paid out of said account or fund, and charged to the proper organization, upon the warrant of the state auditor, and the state auditor shall issue his warrant upon such fund upon the certificate of the board.

All money returned and repaid to the state treasury from armory property sold, damaged or destroyed, or otherwise, shall be credited to a general armory fund, and may be expended for the building and construction or the purchase of armories for military organizations not having armory accommodations under the provisions and limitations of this article.(1923, c. 62, §104.)

§82. Disposition of Abandoned or Unsuitable Armories.—Whenever any such military organization which has availed itself of the provisions of this article, and has received the appropriation provided herein, shall be called or drafted into the federal service or shall be mustered out of the service of this State, and it shall appear probable that no new military organization will be organized in the city or village in which the armory is located, and there is no other military organization occupying said armory, the adjutant general shall immediately take possession of and close the same, and not permit its use for other than military purposes, but the armory board shall have the authority and they are hereby expressly empowered to sell, transfer and convey such property to the municipality in which the same is located, for public purposes, upon the repayment to the State, for credit to the general armory fund, of the appropriation expended thereon, without interest: Provided, That if such municipality shall not purchase such property, the board shall then be authorized to sell, transfer and convey the same to any individual, firm or corporation, repaying to the State at least the full appropriation expended therefor: Provided further, That if the armory cannot be sold in this manner, the armory board may lease it to the municipality for public purposes at an annual rental which shall not be less than ten per-cent of the amount invested by the State in such armory: And provided further, That the armory board, subject to the approval of the governor, is hereby authorized and empowered to sell, transfer and convey on behalf of the State any state armory site and buildings which in the judgment of the board are unsuitable for military purposes or which have been condemned by the state fire marshal. The moneys so received from the sale of such armories shall be paid into the state treasury and by the treasurer accredited to the general armory fund.(1923, c. 62, §104.)

§83. Regulations While Military Forces on Duty.—When any portion of the military forces of this State shall be on duty, under or pursuant to the orders of the governor, or whenever any part of such forces shall be ordered to assemble for duty in time of war, insurrection, invasion, public danger, any breach of the peace, tumult, riot or resistance to process in this State, or imminent danger thereof, the rules and articles of war and the general regulations for the government of the army of the United States shall be considered in force and regarded as a part of this article until such forces shall be duly relieved from such duty. No punishment under such rules and articles which shall extend to the taking of life shall, in any case, be inflicted except in time of actual war, invasion, or insurrection, declared by proclamation of the governor to exist, and then only after the approval of the governor of the sentence inflicting such punishment. In the event of invasion, insurrection, rebellion or riot, the governor may in his discretion declare a state of war in the towns, cities, districts or counties where such disturbances exist.(1897, c. 61, §92; Code 1923, c. 18, §92.)

§84. Governor to Make Rules and Regulations.—The governor is hereby authorized to make such rules and regulations, from time to time, as he may deem expedient; but such rules and regulations shall conform to this article and as nearly as practicable to those governing the United States army, and, when promulgated, shall have the same force and effect as the provisions of this article. But the rules and regulations now in force shall remain in force until new rules and regulations are approved and promulgated.(1897, c. 61, §93; Code 1923, c. 18, §93.)

§85. United States Army Regulations.—matters relating to the organization, discipline and government of the national guard, otherwise provided for in this article or in regulations, shall be decided by the custom an usage of the United States army.(1897, c. §94; Code 1923, c. 18, §94.)

§86. Leave of Absence for Public Officials and Employees.—All officers and employees the State, or subdivision or municipality thereof who shall be members of the national guard shall be entitled to leave of absence from the respective offices or employments without loss of pay, status, or efficiency rating, on all day during which they shall be engaged in drills or parades during business hours ordered by proper authority, or for field training or active service ordered or authorized under the provisions of state law.(1923, c. 62, §101.)

§87. Military Department of University.—The military department of the West Virginia university shall be the training school of the West Virginia national guard. Cadets receiving free tuition shall be organized into a corps, which cadet corps, in its military duties, shall be governed by the rules and regulations adopted from time to time by the board of education. Cadets shall have the right, if they so elect, to be tried, for purely military offenses, by courts-martial organized from members of the cadet corps, by the commandant of cadets, and all sentences must receive his approval before being carried into effect. Should any cadet be suspended or expelled from the cadet corps by the sentence of a court-martial, he shall, if he feels aggrieved, have the right of appeal to the governor of the State for redress, in which case all records of the court shall be forwarded to the governor for final action, who shall have authority therein to approve or disapprove the entire proceedings or any part thereof. Service in the corps of cadets shall be recognized military service. The system of drill and instruction shall conform as far as practicable to the system of drill and instruction of the national guard. Cadets satisfactorily completing the course of instruction in military science and tactics shall be eligible, within five years after graduation, to commission to the grade of first lieutenant in the national guard without examination. The expenses incurred in the organization and equipment of the corps of cadets shall be paid out of the appropriation made for the West Virginia university.(1897, c. 61, §100; 1901, c. 88, §100; Code 1923, c. 18, §100.)

§88. Contributing Members.—In time of peace the officers commanding companies and signal corps may enlist contributing members not to exceed one hundred and fifty. Such not members shall be subject to such contributions, dues and services as may be ordered by the respective organizations, but the dues of such members shall in no case be less than five dollars each, per annum, and the whole number of active and contributing members belonging to the active militia in any county shall not of exceed five per centum of the voting population of such county.(1905, c. 47, §85; Code 1923, c. 18, §85.)

§89. General Penalty.—A person convicted of a crime declared by this article to be a misdemeanor shall, unless otherwise provided, be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than one year, or by both.(1897, c. 61, §99; Code 1923, c. 18, §99.)

§1. Superintendent; Offices.—The department of public safety, heretofore established, shall be continued. The executive and administrative head of the department shall be a superintendent, who shall be appointed by the governor, by and with the advice and consent of the senate, for a term of four years. The superintendent shall be on the date of his appointment at least thirty and not more than fifty-five years of age. He shall receive an annual salary of five thousand dollars to be paid as provided by law. He shall, before entering upon the discharge of the duties of his office, execute a bond in the penalty of ten thousand dollars, with security thereon, payable to the State of West Virginia and conditioned for the faithful performance of his duties. Such bond both as to form and security shall be approved by the board of public works. Before entering upon the duties of his office the superintendent shall subscribe to the oath hereinafter provided. The board of public works shall provide suitable and adequate offices at the capital of the State for the use of the department of public safety.(1919, Ex. Sess., c. 12, §§1, 2; 1921, c. 100, §1; Code 1923, c. 19, §§1, 2; 1925, c. 5, §1.)

§2. Inspector; Traffic Supervisor; Supply and Headquarters Sergeants; Office Employees; Salaries.—The superintendent shall appoint an inspector at an annual salary of thirty-six hundred dollars and a traffic supervisor at an annual salary of three thousand dollars, each with the grade of captain, and a supply sergeant and headquarters sergeant at an annual salary of fifteen hundred dollars each. He shall also appoint such office employees as may be necessary, whose salaries shall be fixed by the board of public works. Such inspector, traffic supervisor, supply sergeant and headquarters sergeant shall be enrolled and enlisted as members of the department of public safety.(1919, Ex. Sess., c. 12, §3; 1921, c. 100, §3; Code 1923, c. 19, §3; 1925, c. 5, §3.)

§3. Companies or Platoons; How Constituted; Salaries and Bonds of Members.—The superintendent shall create, appoint and equip a department of public safety which shall consist of four companies or platoons. Each company or platoon shall be composed of one captain, who shall receive an annual salary of twenty-four hundred dollars; one lieutenant who shall receive an annual salary of twenty-one hundred dollars; one first sergeant who shall receive an annual salary of fifteen hundred dollars; five sergeants who shall receive an annual salary of thirteen hundred and eighty dollars; eight corporals who shall receive an annual salary of thirteen hundred and twenty dollars; and such number of privates as the superintendent may decide best, but such number of privates shall not at any time be less than thirty, or more than fifty-five in any one company or platoon. Each private shall receive an annual salary of twelve hundred dollars. Each member of the department of public safety, except the superintendent and office employees, shall, before entering upon the discharge of his duties, execute a bond with security in the sum of thirty-five hundred dollars, payable to the State of West Virginia, conditioned for the faithful performance of his duties as such, and such bond shall be approved as to form by the attorney general, and as to sufficiency by the board of public works, and the same shall be filed with the secretary of state and preserved in his office.(1919, Ex. Sess., c. 12, §5; 1921, c. 100, §5; Code 1923, c. 19, §5.)

§4. Muster Out or Discharge of Members.—The governor may at any time when he deems it advisable muster out or discharge any company or platoon. The officers and members of such company or platoon so discharged shall each be granted an honorable discharge signed by the superintendent. Any company or platoon mustered out or discharged, as herein provided, shall deliver to the superintendent all of the property and equipment belonging to the State which was in the possession of such company, or any member thereof, and the method and manner of such delivery and receipt there for shall be provided for by regulations prescribed by the superintendent.(1919, Ex. Sess., c. 12, §6; Code 1923, c. 19, §6.)

§5. Appointment and Qualifications of Members; Term; Increase in Salary.—Preference in making appointments shall be given whereve possible to honorably discharged soldiers, sailors and marines of the United States army and navy. Each applicant for appointment shall be a person not less than twenty-one or more than forty-five years of age, able to ride horseback of sound constitution, of good moral character and shall be required to pass such mental and physical examinations as may be provided for by the rules and regulations promulgated by the superintendent. No person shall be barred from becoming a member of such department of public safety because of his religious or political convictions. All members of the department public safety shall be appointed by the superintendent for a period of two years, and a members of the department, except the superitendent, captains, lieutenants, and office employees, shall receive an increase of sixty dollars per annum during continuous service after two years, and an additional increase of sixty dollars per annum during continuous service after four years: Provided, That not more than two such increases shall be made.(1919, Ex. Sess c. 12, §7; 1921, c. 100, §7; Code 1923, c. 19, §7.)

§6. Withdrawal or Resignation of Members.—No member of the department of public safety may withdraw or resign from the department without the consent of the superintendent. And in the event any member shall withdraw resign or refuse to discharge the duties impose upon him by this article, after having been duly appointed and qualified, without the consent writing of the superintendent, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than one thousand dollars, or imprisoned in the county jail not more than six months, both.(1919, Ex. Sess., c. 12, §8; Code 1923 c. 19, §8.)

§7. Reappointment of Members.—The superintendent shall reappoint any member of the department of public safety at the expiration of his term of service, if in the opinion of the superintendent it is proper so do to; but no member who has been removed, suspended, discharged under the provisions of this article shall be eligible to be again appointed to the department of public safety unless the consent of the governor thereto in writing is first had and obtained.(1919, Ex. Sess., c. 12, §9; Code 1923, c. 19, §9.)

§8. Rules and Regulations; Carrying of Weapons.—Subject to the written approval of the governor, the superintendent may make and an promulgate proper rules and regulations for the government, discipline and control of the department of public safety and also proper rules and regulations for the examination of all applicants for appointment thereto. The members of the department of public safety shall be permitted to carry such arms and weapons as may be prescribed by the superintendent and no license shall be required for such privilege.(1919, Ex. Sess., c. 12, §11; Code 1923, c. 19, §11.)

§9. Equipment and Supplies; Local Headquarters.—The superintendent shall provide the members of the department of public safety with suitable arms and weapons, and, when and where he shall deem it necessary, with suitably equipped horses and other means of conveyance. He shall also provide proper uniforms for all members of the department. The superintendent shall prescribe the kind, materials and style of all uniforms both for the officers and privates. All uniforms and all arms, weapons and other property furnished to members of the department of public safety by the State of West Virginia shall be and remain the property of the State.

The superintendent shall establish and maintain local headquarters at such places in West Virginia as are in his judgment suitable and proper to render the department of public safety most efficient for the purpose of preserving the peace, protecting property, preventing crime, apprehending criminals and carrying into effect all other provisions of this article. The superintendent shall provide by lease or otherwise for housing and quarters for the accommodation of the members of the department of public safety, and shall provide all equipment and supplies necessary for them in the performance of or the duties of their office.(1919, Ex. Sess., c. 12, 23, §12; Code 1923, c. 19, §12.)

§10. Territorial Jurisdiction.—The jurisdiction of the department of public safety shall extend anywhere in the State of West Virginia.(1919, Ex. Sess., c. 12, §13; Code 1923, c. 19, §13.)

§11. Powers of Members.—The superintendent and each of the officers and members of the department of public safety are hereby authorized and empowered as follows:

(a) To make arrests anywhere within the confines of the State of any and all persons charged with the violation of any law of this State, or of the United States, and when a witness to the perpetration of any offense or crime, or to the violation of any law of this State, or of the United States, may arrest without warrant; to arrest and detain any and all persons suspected of the commission of any felony or misdemeanor whenever complaint is made and a warrant is issued thereon for such arrest, and any and all persons so arrested shall be forthwith brought before the proper tribunal for examination and trial in the county where the offense for which any such arrest has been made was committed;

(b) To serve criminal process issued by any court or justice of the peace anywhere within this State: Provided, however, That they shall not serve civil process;

(c) To cooperate with local authorities in detecting crime and in apprehending any person or persons engaged in or suspected of the commission of any crime, misdemeanor or offense against the law of this State, or of the United States, or of any ordinance of any municipality in this State;

(d) Members of the department of public safety shall be and are hereby created forest patrolmen, game and fish wardens and deputy prohibition officers throughout the State to do and perform any and all duties and exercise any and all powers of such officers, and may apprehend and bring before any court or justice of the peace having jurisdiction of such matters, any one violating any of the provisions of chapters twenty and sixty, and of article………………, chapter sixty-one of this Code, and any and all amendments thereto; and the department of public safety shall at any time be subject to the call of the commissioner of prohibition to aid the prohibition department in apprehending any person violating any of the provisions of said chapter sixty. They shall serve and execute warrants for the arrest of any person and warrants for the search of any premises issued by any properly constituted authority, and shall exercise all of the powers conferred by law upon a sheriff, constable or any other peace officer of this State, except that they shall not serve any civil process or exercise any of the powers of such officers in matters of a civil nature;

(e) Any member of the department of public safety knowing or having reason to believe that anyone has violated the law may make complaint in writing before any court or officer having jurisdiction and procure a warrant for such offender, execute the same and bring such person before the proper tribunal having jurisdiction He shall make return on all such warrants to such tribunals in his official title shall be “member of the department of public safety.” Members of the department of public safety may execute any summons or process issued by any tribunal having jurisdiction requiring the attendance of any person as a witness before such tribunal and make return thereon as provided by law, and any return by a member of the department of public safety showing the manner of executing such warrant or process shall have the same force and effect as if made by a sheriff;

(f) Each member of the department of public safety, when called by the sheriff of any county, or when the governor by proclamation so directs, shall have full power and authority within such county, or within the territory defined by the governor, to direct and command absolutely the assistance of any sheriff, deputy sheriff, constable, chief of police, policeman, town marshal, game and fish warden, deputy prohibition officer and any and every peace officer of the State, or of any county or municipality therein, or of any able-bodied citizen of the United States, to assist and aid in accomplishing the purposes expressed in this article. When so called, any officer or person shall, during the time his assistance is required, be, and be considered to be, for all purposes, a member of the department of public safety force and subject to all the provisions of this article.(1919, Ex. Sess., c. 12, §14; Code 1923, c. 19, §14.)

§12. Limitation Upon Members.—No member of the department of public safety shall in any way interfere with the rights or property of any person except for the prevention of crime.

No member of the department of public safety shall in any way become active or take part in any political contest or at any time participate in any political party caucus, committee, primary, assembly or convention, or in any general or special election whatsoever, except to cast his ballot.

No member of the department of public safety shall be detailed or ordered to duty at or near any voting precinct where any election or convention is held on the day of such election or convention; nor shall any member thereof remain in, about or near such voting precinct or place of convention, except to cast his vote. After voting he shall forthwith retire from such voting precinct. No member of the department of public safety shall act as an election official. If any member of the department of public safety be found guilty of violating any of the provisions of this section he shall be dismissed from the force by the superintendent as here inafter provided.

No officer or member of the department public safety shall, while on duty, be quartered in any property in the possession or control of any person, firm or corporation which is an employer of labor and employs more than twenty five persons at one time, unless no other quarters are reasonably available for their housing.

No officer or member of the department public safety shall, in any labor trouble or dispute between employer and employee, aid or assist either party thereto, but shall in such cases see that the statutes and laws of this State are enforced in a legal way and manner.(1919 Ex. Sess., c. 12, §15; Code 1923, c. 19, §15.)

§13. Oath of Members.—The superintendent and each of the other members of the department of public safety, before entering upon the discharge of his duties, shall take and subscribe to an oath which shall be in form an effect as follows, to-wit:

All such oaths, except that of the superintendent, shall be filed and preserved in the office of the department of public safety.(1919 Ex. Sess., c. 12, §16; Code 1923, c. 19, §16.)

§14. Disposition of Prisoners.—It shall be the duty of all officers of the State, or of an county or municipality thereof, or jailers having the charge and custody of any jail or place of detention, to receive any and all prisoners arrested by any officer or member of the department of public safety and to detain them in custody until ordered released by a tribunal competent jurisdiction, and any such officer, jailer or person having custody of any jail of place of detention who shall fail or refuse so receive and detain such prisoner or prisoners shall be deemed guilty of a misdemeanor, an upon conviction thereof, shall be fined not less than twenty-five nor more than two hundred dollars, or imprisoned in the county jail for a period not exceeding sixty days, or both fined and imprisoned.(1919, Ex. Sess., c. 12, §17; Code 1923, c. 19, §17.)

§15. Interference With Members; Refusal to Give Information; Penalty.—Any person of who shall at any time intercept, molest or interfere with any officer or member of the department of public safety while on duty, or any state, county or municipal officer or person then under the charge and direction of some officer or member of the department of public safety while on duty, or who shall refuse upon request to give or any such officer or member any information possessed by him, relating to any offense or crime committed, or about to be committed, or, of any riot, uprising or disturbance existing or threatened, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five nor more than two hundred dollars, or imprisoned in the county jail for a period not exceeding sixty days, or both fined and imprisoned: Provided, That nothing in this section contained shall be construed to require any person to give information tending to incriminate himself or the husband or wife of such person.(1919, Ex. Sess., c. 12, §18; Code 1923, c. 19, §18.)

§16. Impersonation of Member; Penalty.—Any person who shall falsely represent himself to be an officer or member of the department of he public safety, or to be under the order or direction of any officer or member of the department, or who shall, unless an officer or member thereof, wear or display the uniform, badge or other insignia adopted or used by the public safety department, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five nor more than two hundred dollars, or imprisoned in the county of jail for a period not exceeding six months, or, both fined and imprisoned.(1919, Ex. Sess., c. 12, §19; Code 1923, c. 19, §19.)

§17. Acting by Members for Private Person; Bribery; General Penalty.—If any officer or member of the department of public safety of shall hire himself to any person, firm or corporation to guard his private property; or shall demand or receive from any person, firm or corporation any money or other thing of value as of a consideration for the performance of, or the failure to perform, his duties under the rules or and regulations made by said superintendent and the provisions of this article, he shall be deemed guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary for less a term of not less than one nor more than five years, and any such officer or member of the department of public safety who shall violate any other provision of this article, unless herein otherwise expressly provided for, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five nor more than two hundred dollars, or imprisoned in the county jail for a period not exceeding four months, or both fined and imprisoned.(1919, Ex. Sess., c. 12, §20; Code 1923, c. 19, §20.)

§18. Bribery by Third Persons; Penalty.—If any person, firm or corporation shall give or offer to give any money or other thing of value to any officer or member of the department of public safety as a consideration for the performance of, or the failure to perform, any duty of such officer or member of the department of public safety under the rules and regulations of the superintendent and the provisions of this article, he or it shall be deemed guilty of a felony, and if a person, upon conviction thereof, shall be confined in the penitentiary for a term of not less than one nor more than five years, and if a firm or corporation, shall be fined not less than three thousand nor more than ten thousand dollars.(1919, Ex. Sess., c. 12, §21; Code 1923, c. 19, §21.)

§19. Suspension or Removal of Members.—The superintendent may suspend or remove from the service any member of the department of public safety for any of the following causes, to-wit: Refusing to obey the orders of his superior officer, neglect of duty, drunkenness, immorality, inefficiency, abuse of his authority, interference with the lawful right of any person, participation in political primaries, conventions or elections, or any other cause that may in the opinion of the superintendent be necessary for the good of the service. The superintendent shall act when notice of such causes shall be brought to his attention or upon charges in writing filed by any one and supported by proper affidavit. In the event the superintendent shall fail to suspend or dismiss any such officer or member after such matters have come to his knowledge, or such charges and proof thereof have been made and filed with him by any person or persons, an appeal may be had to the board of commissioners created for such purpose, and all of the original papers in such cases shall be delivered by the superintendent to such board, who shall decide such cases in the manner hereinafter provided.(1919, Ex. Sess., c. 12, §22; Code 1923, c. 19, §22.)

§20. Board of Commissioners; Charges Against Member of Department of Public Safety; Appeals.—The governor, by and with the advice and consent of the senate, shall appoint two persons, who shall be residents of this State, as members of the board of commissioners. The governor shall appoint one member from each of the two political parties which at the last preceding general election cast the most votes for the office of governor. The term of office of each of such commissioners shall be for the period of two years beginning on the first day of July, nineteen hundred and twenty-seven, and none of such commissioners shall hold any other office either elective or appointive in this State, and their successors shall be appointed by the governor at the end of said period of two years. The two persons so appointed shall constitute the board of commissioners whose duty it shall be to review all cases of appeal from the findings of the superintendent on charges filed against any such member of the department of public safety, and in all cases of dismissal or suspension of any member of the department of public safety by the superintendent as hereinbefore provided.

Charges may be preferred and filed in writing before the board of commissioners against any officer or member of the department of public safety, including the superintendent, for any neglect of duty, inefficiency, immorality, pernicious activity in political campaigns, contests, conventions, primaries or elections, abuse of authority, or for any other misconduct in office, without first filing such charges before the superintendent as hereinbefore provided. When such charges are so filed, the board of commissioners shall hear, try and determine the same according to the rules and regulations governing such hearing as may be adopted by the board and according to law.

When charges are filed against any member of the department of public safety before the board of commissioners, a copy of such charges shall be served upon the accused, who shall within a reasonable time, to be fixed by the board, be required to answer the same, and the board shall give notice in writing to the accused of the time and place when such charges will be heard and considered by it. It shall be the duty of the board to adopt proper rules and regulations prescribing the manner and procedure of such hearings, and as far as possible the board shall be governed by the rules of legal procedure relating to the admissibility of evidence.

When such charges are filed before the board, either originally or on appeal, and are supported by reasonable proof by affidavit against any officer or member of the department of public safety, the board shall as soon as possible consider the same, and if one or more members of the board shall be of the opinion that said charges and proof supporting the same constitute proper grounds for suspension, the accused shall be suspended from the department of public safety until a fair trial may be had upon such charges.(1919, Ex. Sess., c. 12, §23; Code 1923, c. 19, §23.)

§21. Copy of Charges for Accused Member; Decision When Board Equally Divided.—In all cases before a trial shall be had the accused shall be served with a copy of the charges an given a reasonable opportunity to defend himself against such charges, and if on the hearing of such charges the members of the board shall be equally divided, then the accused shall suspended until a further trial is had with third member presiding as hereinafter provided for. If upon any trial two members of the board shall be of opinion that the accused is guilty of the charges preferred, then he shall be discharged from the service without further trial.

If at any trial the board should be equally divided as hereinbefore stated and the accuse suspended, the board at such time shall fix a day for the final hearing, and on such finally hearing the governor of this State shall be, an is hereby created, the third member of the board and shall preside at the hearing of such charge against the accused, and if the board should again be equally divided in their finding, the governor shall cast the deciding vote on a hearings on charges preferred against any office or member of the department of public safety. It shall require the votes of at least two of the members of the board to suspend any member on charges preferred and the votes of three of the members of the board to dismiss the accused.(1919, Ex. Sess., c. 12, §24; Code 1923, c. 19 §24.)

§22. Compensation of Commissioners.—Each member of the board of commissioners, except the governor, shall be allowed the sum of ten dollars per day for each and every day necessarily employed in the discharge of his duties as a member thereof, and in addition thereto he shall be paid his necessary actual expenses in attending any meetings thereof.(1919, Ex Sess., c. 12, §25; Code 1923, c. 19, §25.)

§23. Control of Department Expenditures.—The board of control shall make and prescribe rules and regulations respecting the payment of the expenses of the officers and members of the department of public safety, as well as for the necessary equipment and all of the other expenditures provided for in connection therewith, and the board of control shall approve the expenditures of the department of public safety as they are authorized by law to do for state institutions, and all expenditures of such department shall be audited in the same way and manner as the expenditures of other state departments.(1919, Ex. Sess., c. 12, §26; Code 1923, c. 19, §26.)

§24. Salaries of Members Payable Monthly.—All salaries authorized herein to be paid to the officers and members of the department of public afety shall be paid monthly upon proper requisitions and warrants.(1919, Ex. Sess., c. 12, §27; Code 1923, c. 19, §27.)

§25. Transportation of Members and Prisoners.—Whenever any officer or member of the department of public safety shall present evidence of his official character to any railroad is conductor, manager or officer of any corporation engaged in the business of transporting passengers, such conductor, manager or officer shall upon demand transport such officer or member of the department of public safety anywhere in the State of West Virginia without making any charge therefor, and such conductor, manager or officer shall also transport any and all prisoners in the charge or custody of members of the department of public safety, and all claims for such transportation of any prisoners shall be presented to, examined, audited and he allowed by the superintendent, and shall be paid all as other claims against the State are paid.(1919, Ex. Sess., c. 12, §28; Code 1923, c. 19, §28.)

§26. Duties of Superintendent as to Statistics, Aliens and Labor Conditions.—The superintendent of the department of public safety is authorized from time to time to collect statistics and distribute information throughout the State, and in this to cooperate with the state superintendent of public schools and other educational agencies of the State, to secure the naturalization and Americanization of all foreign-born inhabitants; to employ all agencies in his power to secure a harmonious feeling and understanding between the employers of labor to and their employees; and to secure this end he may call upon the educational and other state institutions for public speakers, and is authorized to hold public meetings at any point in the State where, in his judgment, such meetings will be of advantage to carry out the spirit of be this law.(1919, Ex. Sess., c. 12, §29; Code 1923, c. 19, §29.)

§27. Death or Disability Fund.—There is hereby created a death or disability fund for the benefit of members of the department of public safety, or any dependent of a member or former member thereof. Into such fund shall be paid such amounts as have heretofore been collected by the superintendent of the department of public safety on account of fees for arrests, rewards, or from any other source permitted by law. There shall be paid into such fund any such amounts arising in the future from the above named or any other sources permitted by law, designated by the superintendent of the department of public safety, except no part of any fine shall be paid therein.

Any money so collected by the superintendent of the department of public safety shall be turned over to the state treasury, and the treasurer and auditor shall keep a separate account thereof on their books. Such fund shall be invested by the state board of control in bonds of the government of the United States, the State of West Virginia, or any political subdivision thereof.(1925, c. 4, §§1, 2, 3.)

§28. Death or Disability Commission.—There is hereby created a death or disability commission, which shall be composed of the members of the state board of control and the superintendent of the department of public safety. Said commission shall have the power to make such awards for such times and under such terms and conditions as it shall elect, but in no event shall the amount awarded exceed the in come arising from the interest on such death or disability fund.(1925, c. 4, §4.)