Act of Mar. 15, 1927, ch. 261, § 79, Idaho Gen. Laws 510, 541.

  • Year:
  • 1927

        "SEC. 79. No body of men, other than the regularly organized National Guard, the unorganized militia when called into the service of the State, or of the United States, and except such as are regularly recognized and provided for by the laws of the State of Idaho and of the United States, shall associate themselves together as a military company or organization, or parade in public with firearms in any city or town of this State.
        No city or town shall raise or appropriate any money toward arming or equipping, uniforming, or in any other way supporting, sustaining or providing drill rooms or armories for any such body of men; but associations wholly composed of soldiers honorably discharged from the service of the United States or members of the Orders of Sons of Veterans, or of the Boy Scouts, may parade in public with firearms on Decoration Day or upon the reception of any regiment or companies of soldiers re­turning from such service, and for the purpose of escort, duty at the burial of deceased soldiers; and students in educational institutions where military science is taught as a prescribed part of the course of instruction, may with the consent of the Governor, drill and parade with firearms in public, under the superintendence of their teachers. This section shall be construed to prevent any other organization authorized by law parading with fire­ arms, nor to prevent parades by the National Guard of any other State or Territory."

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General Laws of the State of Idaho Passed at the Nineteenth Session of the State Legislature 1927 Published by Authority of the Secretary of State (N.L.:N.P., 1927), 541. Chapter 261 (House Bill No. 357) an Act to Provide for the Organization and Regulation of the National Guard of Idaho as Respects: The Acceptance of Benefits of an Act of the Congress of the United States Entitled: “An Act for Making Further and More Effective Provisions for the National Defense and for Other Purposes" approved June 3, 1916, and All Other Acts Amendatory Thereto; Defining the Term “National Defense Act”; the Classification, Organization, Uniform and Equipment of the Militia of the State of Idaho: Providing Who Are Members of the Militia of the State of Idaho and Who Are Exempt From Service Therein; the Ordering of the Militia Into Active Duty in Case of Disaster, Insurrection, Invasion, Riot, Breach of the Peace, or Imminent Danger Thereof; Providing for Courts Martial and Jurisdiction and Procedure Thereof, and Appeals Therefrom; Providing for Military Offenses and Prescribing Punishment Therefor; Providing for the Enrollment of Persons Liable to Service by the County Assessors in Time of Need; Providing a Penalty for the Refusal or Neglect of Any Assessor to Perform Duties Required Herein; Providing for the Appointment of a Property and Disbursing Officer, That He Shall Be Ex-officio Assistant Adjutant General, Providing His Duties and Fixing His Salary and Requiring the Giving of a Surety Bond by Such Officer; Providing for a State Flag; Prohibiting Armed Forces of Other States From Entering This State, With Certain Exceptions; Providing for the Appointment, Promotion, Commission, Rank and Examination of Officers and for the Appointment of Warrant Officers; Providing for the Appointment of Aides-de-camp; Providing for the Appointment of the Adjutant General, Prescribing His Qualifications, Rank, Powers, Duties and Term of Office and Fixing His Compensation; Providing That No Military Property Shall Be Issued to Persons or Organizations Other Than Those Be Longing to the National Guard With Certain Exceptions; Providing for the Issuing, Signing and Sealing of Military Commissions; Providing for the Oath of Officers; Providing for the Vacating of Commissions and Discharge of Officers With a Proviso That No Formal Discharge Shall Be Given an Officer Until Property and Money Charged to Him is Accounted for; Providing for the Retirement of Commissioned Officers; Providing for Pay of Officers and Enlisted Men When Called Into Active Service of the State and When Serving on Military Courts or Boards; Permitting Officers to Administer Oaths and Providing That Any Person Falsely Swearing to an Oath Shall Be Guilty of Perjury; Providing for the Enlistment Term of Enlistment, Reenlistment, Grade, Oath, Transfer, Discharge and Retirement of the Enlisted Personnel of the Idaho National Guard; Providing for the Appointment and Transfer of Non-commissioned Officers; Prohibiting the Discharge of an Enlisted Man Until Property Charged to Him is Accounted for; Providing for an Investigation by a Board of Survey in Reference to Property Lost or Damaged, and Making the Officer in Command of an Organization Liable for Loss and Damage Through Neglect to Property for Which He is Responsible; and Providing That After Hearing an Enlisted Man Shall Pay for Loss or Damage to Property; and Providing Punishment for Refusal to Sign a Statement of Charges; Providing for the Allowance of Necessary Military Expenses and the Payment of Certain Sums for Efficiency to Certain Organizations, Such Sums to Be Used Solely for Military Purposes; Providing for .payment of Certain Sums to Certain Organizations for the Hiring of Horses and for the Rent of Armories and Permitting the County Commissioners to Expend Not to Exceed Five Hundred ($500.00) Dollars for Repairs or Rent of Armory Buildings; Providing That All Officers of the National Guard Who May Be Responsible for Moneys or Property Shall Be Required to Give a Good and Sufficient Surety Bond, That the Adjutant General Shall Bring Action on the Bond in Case of Loss and That No Money So Collected Shall Be Deposited in the Adjutant General’s Contingent Fund; Exempting Members of the Idaho National Guard From Arrest and Civil Process and From Civil and Criminal Liability in Certain Instances and Exempting Military Property From Execution; Providing That in Suits Against a Member of the Guard for an Official Act He May Require Security for Payment of Costs and May Recover Treble Costs on Judgment in His Favor; Making It a Misdemeanor and Providing a Punishment for Obstructing the National Guard in Performance of Any Military Duty; Providing Free Passage for Members of National Guard Through Toll-gates Over Toll-bridges or Ferries at Certain Times and Exempting Them From Payment of Poll and Road Taxes and From Serving on Any Jury or Posse Comitatus; Providing That Keepers of Jails Shall Receive Military Offenders; Providing for Forfeitures for Failure to Appear in Obedience to Subpoena and for Collection of the Same; Making Neglect of Civil Officers or Jail Keepers a Misdemeanor and Providing Penalty Therefor; Providing for Payment of Costs and Expenses of Holding Hearings Before Military Boards and Courts; Providing for Payment to Members of the National Guard Temporarily Incapacitated by Reason of Active Duty and Providing for Investigation of Such Claims; Providing for Instruction of National Guard; Making the Improper Use or Disposal of Military Property or the Wearing of the Uniform in Whole or in Part by Any Persons Not Members of the National Guard or Regular Army With Certain Exceptions a Misdemeanor, and Providing a Penalty; Providing Additional Powers and Duties of Commanding Officers; Prohibiting Others Than Members of the National Guard to Associate Together as a Military Company or to Parade With Firearms With Certain Exceptions; Providing for Maintenance of Armories, Stables and Other Agencies for the Use of the National Guard; Providing for an Armory Commission and Defining Its Duties and Powers and Providing for a Supervising Board; Providing That Bond Premiums Be Paid by the State; Providing a Pension for De Pendents of Soldiers Killed in Active Service of the State; Providing for the Adjutant General’s Contingent Fund and Providing What Monies Shall Be Included in Such Fund and Appropriating Moneys in Said Fund for the Purpose of Defraying the Expense Debts and Costs. Incurred in Carrying Out Provisions of This Act; Repealing the Following Provisions of the Idaho Compiled Statutes: Sections 679, 680, 681, 682, 683, 684, 685, 686, 687, 688, 689, 690, 691, 692, 693, 694, 695, 696, 697, 698, 699, 700, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 724, 725, 726, 728, 729, 730, 731, 732, 733, 734, 735, 736, 737, 738, 739, 740, 741, 742, 743, 744, 745, 746, 747, 748, 749, 750, 751, 752, 753, 754, 755, 756, 757, 758, 759, 760, 761, 762, 763, 764, 765, 766, 767, 768, 769, 770, 771, 772, 773, 774, 775, 776, 777, 778, 779, 780, 781, 782, 783, 784, 785, 786, 787, 788 and 789 of Chapter 40 of Idaho Compiled Statutes, and All Other Acts and Parts of Acts in Conflict With This Act, and Declaring an Emergency, § 79. Approved March 15, 1927.