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MILITARY AND NAVAL CODE AMENDED.

§ 1. Amends section 2 of Article XVI. Act of 1909.

§ 2. Adjutant General-salary.

(SENATE BILL NO. 610. APPROVED JUNE 22, 1917.)

AN ACT to amend an Act entitled: "An Act to establish a military and naval code for the State of Illinois and to repeal all Acts in conflict herewith," approved June 10, 1909, in force July 1, 1909, as subsequently amended, by amending section 2 of Article XVI thereof.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an Act entitled: "An Act to establish a military and naval code for the State of Illinois and to repeal all Acts in conflict herewith," approved June 10, 1909. in force July 1, 1909, as subsequently amended, be, and the same is hereby amended by amending section 2 of Article XVI thereto to read as follows:

§ 2. (Article XVI). The Adjutant General shall receive $7,000 per year. The Adjutant General who is the chief assistant to the Adjutant General, and the assistant Quartermaster General, shall each receive $5,000 per year; the captain and assistant quartermaster in charge of the State arsenal shall receive $1,500 per year.

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AN ACT to provide for the organization of reserve militia from the unorganized militia of the State.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That whenever the Governor as Commander-in-Chief of the military and naval forces of the State, shall deem it necessary or advisable for the purpose of executing the laws of the State, or of preventing the actual or threatened violation thereof, or any other emergency or suppressing actual or threatened insurrection or riots, or when the nation is at war and a requisition or order has been made, or is likely to be made, by the President of the United States calling the National Guard, or parts thereof, into the national service, he may issue a proclamation or call for volunteer companies, battalions, regiments, brigades, or other units of land forces to be known as the Reserve Militia which shall be formed from and out of the unorganized militia of the State.

§ 2. The Governor shall determine and shall fix in any such proclamation or call the number of such volunteers, their term of enlistment, and the kind and number of such units to be called for and organized,

and he shall appoint and authorize officers to recruit and enroll such volunteers under such rules and regulations as shall be fixed and promulgated by the Adjutant General with the approval of the Governor: Provided, that no such term of enlistment shall be for a longer term than two years; And provided further, that any and all such units may be disbanded or mustered out, and any or all of such volunteers may be discharged, when in the judgment of the Governor the emergency or the conditions making such organizations necessary or advisable shall have passed or changed.

§3. Every person so enrolling or enlisting in the reserve militia shall sign an enlistment paper in the form prescribed by the Adjutant General and shall take the following oath or affirmation, which may be administered by any such duly appointed recruiting or enrolling officer or any commissioned officer in the reserve militia:

"I do solemnly swear (or affirm) that I will true allegiance bear to the State of Illinois, and that I will uphold its Constitution and laws and will serve it faithfully; that I will obey orders of the Commanderin-Chief and of such officers as may be placed over me, and the laws, rules and regulations of the reserve militia, so help me God."

§ 4. The Governor, as Commander-in-Chief, shall make all appointments to commissioned rank in the Reserve Militia. Commissions evidencing all appointments shall be signed by the Governor and shall be attested and issued by the Adjutant General. All non-commissioned and petty officers shall be appointed in accordance with the rules and regulations promulgated by the Adjutant General.

Commissions to officers shall read to a certain grade in a given regiment, battalion, company or other unit of the reserve militia, and assignment of such officers to duty in any unit shall be by the Commander-in-Chief. The validity of all commissions shall be subject to formal acceptance and the execution of oath prescribed by law or by the rules and regulations promulgated by the Adjutant General.

$ 5. Each and every enrolled man who shall leave or sever his connection with the reserve militia shall be entitled to and shall receive a discharge in accordance with the rules and regulations to be promulgated by the Adjutant General with the approval of the Governor, and such rules and regulations shall provide the conditions and circumstances under which he may leave, retire from, or be discharged from the reserve militia.

§ 6. The organization, equipment and maintenance of the reserve militia shall be without expense to the State:

Provided, that if the Governor, as Commander-in-Chief, shall call the reserve militia, or any part thereof, into the actual service of the State, or to assemble in State or district encampments for the purpose of drill, discipline and increase of efficiency, the State shall pay the cost of travel and maintenance and shall pay the officers at the rate which is now or hereafter may be allowed to the officers in the National Guard, while in similar service of the State, and the enlisted men while in the actual service of the State shall receive pay at the rate of one dollar per day.

§ 7. The uniforms, arms and other equipment of the reserve militia, the minimum number of meetings for instruction, drill and training of the various units thereof, the character of such instruction and training. and all other matters and things necessary or desirable for the complete organization, equipment, discipline and efficiency of the reserve militia, not otherwise provided for and covered in this Act, shall be prescribed and carried into effect by and through rules and regulations promulgated by the Adjutant General and approved by the Governor.

§ 8. WHEREAS, an emergency exists, this law shall take effect from and after its passage and approval.

APPROVED June 25, 1917.

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AN ACT to amend sections one (1) and two (2) of Article one (1), sections one (1), two (2), three (3) and four (4) of Article two (2), and sections one (1) and four (4) of Article thirteen (13) of an Act entitled, "An Act to establish a military and naval code of the State of Illinois, and to repeal all Acts in conflict therewith," approved June 10, 1909, in force July 1, 1909, to add one section to Article six (6) of said Act, to be known as section twenty-one (21), and to repeal certain sections of certain articles of said Act.

SECTION 1. Be it enacted by the People of te State of Illinois, represented in the General Assembly: That sections one (1) and two (2) of Article one (1) and sections one (1), two (2), three (3) and four (4) of Article two (2) and sections one (1) and four (4) of Article thirteen (13) of an Act entitled, "An Act to establish a military and naval code of the State of Illinois and to repeal all Acts in conflict therewith," approved June 10, 1909, in force July 1, 1909, be amended and that a new section be added to Article six (6) of said Act, to be

known as section twenty-one which said sections as hereby amended and said additional sections shall read as follows:

Section one (1) of Article one (1): That all able bodied male citizens of this State and all other able bodied males resident in this State who have or shall have declared their intention to become citizens of the United States, between the ages of eighteen and forty-five years, except such as are expressly exempted by the laws of the United States and the State of Illinois, shall be subject to military duty and designated as the Illinois State Militia.

Section two (2), Article one (1): The said Illinois State Militia shall be divided into three classes, the National Guard, the Naval Militia and the Unorganized Militia.

Section one (1), Article two (2): The National Guard shall consist of the regularly enlisted militia between the ages of eighteen and forty-five years, organized, armed and equipped as prescribed by the laws of the United States and the regulations and tables of organization in conformity therewith, published from time to time by the President of the United States or the Secretary of War, or by the Governor; and of commissioned officers between the ages of twenty-one and sixty-four years: Provided, that in time of peace the strength of the National Guard and Naval Militia of this State so organized, armed and equipped shall not be less than six thousand (6,000) and not more than twentyfive thousand (25,000) officers and enlisted men. The Governor as Commander-in-Chief shall have power in case of war, insurrection, invasion or imminent danger thereof, to increase the forces beyond the said twenty-five thousand (25,000) and organize same as the exigencies of the service may require.

Section two (2), Article two (2): The naval force of the State shall be designated as Illinois Naval Militia. The organization, equipment, discipline and government of the Illinois Naval Militia shall conform to the regulations, customs and usages of the Navy of the United States.

Section three (3), Article two (2): The Governor as Commanderin-Chief shall have power to alter, divide, annex, consolidate, disband or reorganize any organization, department or corps and create new organizations, departments or corps, whenever in his judgment the efficiency of the State forces, land or naval, will be thereby increased, and he shall have the power to change the organization, department or corps so as to conform to any organization, system of drill or instruction now or hereafter adopted by the Army or Navy of the United States or prescribed by the laws of the United States for the government of the militia (land or naval) and for that purpose the number of officers or non-commissioned officers or petty officers in any grade or any organization, department or corps may be increased or diminished and the grades of such officers, non-commissioned officers or petty officers may be altered to such an extent to secure such conformity. Officers rendered surplus by the disbandment of their organization shall be placed in the National Guard Reserve. Officers may, upon their own application be placed in said reserve. The Governor shall have the power to fix and

from time to time alter, the maximum number of enlisted men which shall form part of any organization, department or corps, irrespective of, but not exceeding the maximum prescribed in the law.

Section four (4), Article two (2): The Governor as Commanderin-Chief shall have power to make all necessary rules and regulations and to issue such orders from time to time as may be necessary for the thorough organization and discipline of the Militia, but such rules, regulations and orders shall conform with the laws of the United States and the rules, regulations and tables based thereon.

Section one (1), Article thirteen (13): The Commander-in-Chief shall make all appointments in the commissioned rank in the National Guard and Naval Militia of the State: Provided, that staff officers, including officers of the pay, inspection, subsistence and medical departments hereafter appointed shall have had previous military experience and shall hold their positions until they have reached the age of sixtyfours [four] years unless retired prior to that time by reason of resignation, disability or for a cause to be determined by court martial legally convened for that purpose, and that vacancies among said officers shall be filled by appointment from the officers of the militia of this State.

Commissions evidencing all appointments shall be signed by the Governor and attested and issued by the Adjutant General.

Section four (4), Article thirteen (13): Commissions to officers shall read to a certain grade in a given regiment, separate battalion, staff, corps, department or other unit. Assignment to duty in any unit shall be by order of the Commander-in-Chief. The validity of all commissions shall be subject to formal acceptance and the execution of oath of office prescribed by law.

§ 2. Section twenty-one (21), Article six (6): Any filth, offal, or any putrid, or decaying matter, material or substance of any kind, which constitutes a menace to public health or will be offensive to the senses of human beings, deposited in any building, structure or enclosure, or on any premises, or in any place within one-half mile of any National Guard camp grounds, rifle range, or building, or enclosure occupied and used, or about to be occupied or used by any troop or troops of soldiers, or the Illinois National Guard, in the service of the State or National government, or which may be called into the service of either, is hereby declared to be a common nuisance, and the State Board of Health or the Department of Public Health is hereby empowered to determine whether such nuisance exists, and if found to exist to forthwith, in writing, order the person, firm, association or private, public or municipal corporation, as the case may be, to immediately abate such nuisance; and upon failure of any such person, firm, association of persons, or such private, public or municipal corporation to immediately obey such order, the State Board of Health, or the Department of Public Health shall have the power, and it is hereby made its duty, summarily to abate such common nuisance; and the person or persons, firm [,] association, or private, public or municipal corporation responsible for such common nuisance; shall be liable for the cost and expense of such abate

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