“Sec. 13. The West Virginia National Guard shall consist of not exceeding twenty companies of infantry, which divided into regiments, shall constitute the West Virginia National Guard, and it shall not be lawful for anybody[sic] of men whatsoever, other than the regularly organized National Guard or militia or the troops of the United States, to associate themselves together as a military company or organization, or to parade in public with arms, in any city or town in the state, without the license of the governor therefor, which may at any time be revoked, nor shall it be lawful for any city or town to raise or appropriate any money towards arming, equipping, uniforming, or in any way supporting or sustaining or providing drill rooms or armories, for any such bodies of men.
Whoever offends against the provisions of this section or belongs to or parades with any such unauthorized body of men, with arms, shall be punished by a fine not exceeding the sum of twenty five dollars, or by imprisonment for a time not exceeding six months.”
Acts of the Legislature of West Virginia at Its Nineteenth Regular Session, Commencing January 9, 1889 (Charleston, WV: Moses W. Donnally, 1889), 86. Chapter 24, An Act to Amend, Re-enact and Reduce into One Act Chapters 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28 of the Code of West Virginia, Second Edition, Relating to the Militia, § 13—Other Militia Not to Parade, etc. Passed February 22, 1889; approved February 25 , 1889. N.B. On page 100, there is a note regarding the date the act took effect: “[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.] The foregoing act takes effect at the expiration of ninety days after its passage.”