49. Fort Kearney Memorial Armory.-A building is established in Nebraska City to be known as the Fort Kearney Memorial Armory, to be constructed on the ground originally occupied by old Fort Kearney, and to be used and occupied as an armory building by the company belonging to the regular State Militia of Nebraska that is now or may hereafter be located at Nebraska City.

Nebraska, Rev. Stat. 1913, secs. 3970-1.

50. State armory at Santa Fe.-There shall be a State armory at Santa Fe, N. Mex., in which all property of the United States or the State for the use of the National Guard shall be kept.

New Mexico, Stat. 1915, secs. 3904-6.

51. Use of armories.-Armories provided for the militia shall not be used except by the Organized Militia for military purposes: Provided, however, That the commander in chief may allow the temporary use of such armories for public purposes. The compensation therefor is to be fixed by the commander in chief and paid into the treasury of the Commonwealth.

Massachusetts, Rev. Laws 1908, Supp., p. 332.

52. Armory may be used for military drill and instruction. The use of any armory in New Hampshire shall be available to organized bodies of the citizenry of this State for military drill and instruction, such as may be approved by the adjutant general.

New Hampshire, Laws 1917, ch. 100.

53. Armory may be used for athletic purposes. It shall be lawful for the commanding officer of a regiment having use of any armory, at his discretion, subject to the approval of the military board, to permit such armory to be used for athletic purposes by the pupils of the schools of this State upon application of the principal of the school, subject to regulations prescribed by the commanding officer.

New Jersey, 3 Comp. Stat. 1910, sec. 224, p. 3393.

54. Military drills may be conducted in armories.-Armories may be used for the conduct of military drills in the training of boys in schools and colleges.

New York, Laws 1918, ch. 470, sec. 29a.

55. Armories and arsenals exempt from taxation. The property or real estate belonging to any military organization of the State which is used by the National Guard or militia for military purposes, such as arsenals or armories, while so used shall be exempt from taxation. Louisiana, Const., art. 230

56. Buildings used for military purposes exempt from taxation. Buildings used exclusively for Army purposes, lawfully subject to call of the governor for troops in case of war, shall be exempt from taxation.

Ohio, 3 Ann. Gen. Code 1910, sec, 5334.

ARMY.

Standing army:

Appropriation shall be for one year.

Not to be kept in time of peace...

Not to be kept without consent of legislature.

Certificate of enlistment...

Holder of military office can not hold legislative office....

Section.

57

58

59

60

61

62

63

64

65

Persons shall not be discharged on habeas corpus..

57. Appropriation limited in time. No appropriation for a standing army shall be for a longer term than one year.

Alabama, Const. 1901, art. 1, sec. 27.

Similar provision: Iowa, Const. art. 1, sec. 14, two years. 58. Standing army not to be kept in time of peace. No standing army shall be kept up by this State in time of peace.

Arizona, Const. art. 2, sec. 27.

Similar provisions: Arkansas, Const. art. 2, sec. 27; California, Const. art. 1, sec. 12; Iowa, Const. art. 1, sec. 14; Minnesota, Const. art. 1, sec. 14; Ohio, Const. art. 1, sec. 4; North Carolina, Const. art. 1, sec. 24; North Dakota, Const. art. 1, sec. 12; Tennessee, Const. art. 1, sec. 24; Vermont, Const. ch. 1, art. 16; Virginia, Const. art. 1, sec. 13; West Virginia, Const. art. 3, sec. 12.

59. Standing army not to be kept without consent of legislature.— No standing army shall be kept up without the consent of the legislature.

Alabama, Const. 1901, art. 1, sec. 27.

Similar provisions: Delaware, Const. art. 1, sec. 17; Kentucky, Const. Bill of Rights, sec. 22; 1 Stat. 1915, sec. 2662; Maine, Const. art. 1, sec. 17; Maryland, Const. Decl. of Rights, art. 29; New Hampshire, Const. Bill of Rights, art. 25; Pennsylvania, Const. art. 1, sec. 22; South Carolina, Const. art. 1, sec. 26.

60. Certificate of enlistment is prima facie evidence. The certificate of The Adjutant General relating to enlistment of any person from Maine in the United States service and of all facts pertaining to the situation of such person, to the time of and including his discharge, as found upon the records of his office, is prima facie evidence of facts so certified in any suit or proceeding.

Maine, Rev. Stat. 1916, ch. 87, sec. 134, p. 1244.

61. Holder of military office can not hold legislative office.-No Member of Congress, or person holding any civil or military office under the United States, shall be eligible as senator or delegate; and if any person shall, after his election as senator or delegate be

elected to Congress or be appointed to any office, civil or military, under the Government of the United States, his acceptance thereof shall vacate his seat.

Maryland, Const. art. 3, sec. 10

62. Military code to govern. There shall govern, besides other codes, a Military National Code and the laws supplemental to and amendatory thereof.

Canal Zone, Civil Code Panama 1904, art. 1, p. 11.

63. Detail of officers of United States Army for the purpose of suppressing violence. The Governor General may designate as his own aide-de-camp an officer of the United States Army, Navy, Marine Corps, or of the Philippine Constabulary, who shall be entitled to additional compensation. He may make request on the military authorities of the United States for a detail of officers of the United States Army or of the Philippine Scouts, as well as the forces commanded by them, for the purpose of suppressing violence, maintaining order, and enforcing law. When detailed by the military authorities of the United States for civil purposes, officers of the United States Army shall have the power of police officers.

Philippine Islands, Laws 3d Legis. 1915, pp. 46-50, secs. 78, 80 (g)–86. 64. Troops have right of way.--The United States troops or forces, or any portion of the National Guard of the State, parading or performing any duty according to law shall have the right of way in any street or highway through which they may pass.

Arizona, Rev. Stat. 1913, sec. 4021. Similar provisions: Colorado, Rev. Stat. 1908, sec. 4445; Georgia, 6 Park's Ann. Code 1904, sec. 1427; Kentucky, 1 Stat. 1915, sec. 2663, par. 5; Louisiana, 2 Marr's Ann. Stat. 1915, sec. 4574; Maine, Rev. Stat. 1916, ch. 15, sec. 124; Massachusetts, Rev. Laws 1902, ch. 16, sec. 143; Rev. Laws 1908 Supp., p. 336; Mississippi, 2 Hem. Ann. Code 1917, sec. 5654; Montana, 3 Rev. Codes 1915, sec. 1109s; New York, Laws 1909, ch. 41, sec. 236; North Dakota, 1 Comp. Laws 1913, sec. 2428; Oregon, 2 Lord's Laws 1910, sec. 3774; South Dakota, Laws 1911, ch. 194, sec. 72; Tennessee, Code 1918, sec. 643a-89; Virginia, 1 Ann. Code 1904, sec. 364; Washington, Pierce's Code 1912, tit. 337, sec. 131, p. 1435; West Virginia, 1 Hogg's Code 1904, sec. 824; Wyoming, Comp. Stat. 1910, sec. 368.

65. Persons subject to rules and articles of war shall not be discharged on habeas corpus.-No person shall be discharged on habeas corpus who is in custody or held by virtue of any legal engagement or enlistment in the Army or Navy of the United States, or who, being subject to rules and articles of war, is confined by one legally acting under the authority thereof, or who is held as a prisoner of war under the authority of the United States, or who is in custody for treason, felony, or other high misdemeanor committed in any other State or Territory of the United States and by the Constitution and laws of the United States ought to be delivered up to such State or Territory.

Missouri, 1 Rev. Stat. 1909, sec. 2473.

66. Exemption from arrest.--No person shall be arrested while doing military duty under the order of his commanding officer and while going to or returning from his place of duty or parade.

Alabama, Const. art. 15, sec. 275. Similar provisions: Arizona, Rev. Stat. 1913, sec. 4024; Arkansas, Kirby's Dig. Stat. 1913, sec. 295; Colorado, Rev. Stat. 1908, sec. 4437; Connecticut, Rev. Stat. 1902, sec. 3064; Delaware, Rev. Code 1915, sec. 335; Georgia, 6 Park's Ann. Code 1914, sec. 913; Illinois, Const. art. 12, sec. 4; 6 Ann. Stat. 1915, par. 10859; Indiana, 2 Burns' Ann. Stat. 1914, sec. 3302; 4 Burns' Ann. Stat. 1914, sec. 8544; Iowa, Code 1897, sec. S2215-f33; Kentucky, Stat. 1915, sec. 2668(3); Louisiana, 2 Marr's Ann. Stat. 1915, sec. 4573; Massachusetts, Rev. Laws 1902, ch. 16, sec. 174; Michigan, 1 Howell's Ann. Stat. 1912, sec. 1640; Minnesota, Gen. Stat. Supp. 1917, sec. 2452–29; Laws 1917, ch. 400, sec. 29; Mississippi, Const. art. 9, sec. 220; Missouri, Const. art. 13, sec. 5; Montana, 3 Rev. Codes 1915, Supp., sec. 1109d; New Hampshire, Pub. Stat. 1901, ch. 221, sec. 3; New Jersey, 3 Comp. Stat. 1910, sec. 139, p. 3372; New Mexico, Stat. 1915, sec. 3888; North Dakota, Const. art. 13, sec. 193; 1 Comp. Laws 1913, sec. 2427; Ohio, 6 Ann. Gen. Code 1910, secs. 11754, 11756; Oklahoma, 1 Rev. Laws 1910, sec. 3926; Oregon, 2 Lord's Laws 1910, sec. 3774; Pennsylvania, 6 Purdon's Dig. Stat. 1904, sec. 185, p. 6987; Rhode Island, Gen. Laws 1909, ch. 302, sec. 3, p. 1079; South Carolina, 1 Code 1912, sec. 1172; Const. art. 13, sec. 2; South Dakota, Laws 1911, ch. 194, sec. 72; Const. art. 15, sec. 5; Utah, Comp. Laws 1907, sec. 1473; Vermont, Pub. Stat. 1906, sec. 5087; Virginia, 1 Ann. Code 1904, sec. 355; Washington, Const. art. 10, sec. 5; Pierce's Code 1912, tit. 337, sec. 131, p, 1435; West Virginia, 1 Hogg's Code 1904, secs. 822, 1649; Wisconsin, Stat. 1917, sec. 21.12, p. 198; Wyoming, Comp. Stat. 1910, sec. 365.

67. Arrest on a military reservation. No arrest of any officer, soldier, or civilian employee in the military service of the United States shall be made on any military reservation or in any camp or barracks, except on a warrant previously delivered to the commanding officer. No subpoena direct to any such officer, etc., shall be served on any military reservation or in any camp or barracks without previously delivering a copy to the commanding officer.

Philippine Islands, 4th Legis. 1916, sec. 498, p. 147.

68. Military officers may be arrested and removed from office. The governor may suspend or arrest any military officers of the State for disobedience of orders or other military offense, and remove him in pursuance of the sentence of a court-martial.

Maryland, Const. art. 2, sec. 15.

69. Authorized for emergency expenses. The issuance of bonds is authorized for emergency expenses of the State arising by reason of war, including prosecution of the war, defense of the State, additional allowances to soldiers and sailors, care of their dependents, etc.

Massachusetts, Gen. Acts 1917, ch. 211, sec. 2; ch. 324; Gen. Acts 1918, ch. 278.

Similar provisions: Michigan, Pub. Acts 1917, No. 97; Montana, Laws 1918, ch. 21; New Hampshire, Laws 1917, ch. 97, sec. 3; New Mexico, Laws 1917, extra, ch. 5; Pennsylvania, Pub. Laws 1917, No. 291, p. 775.

70. City may issue. Notwithstanding limitations of other laws, New York City may issue corporate stock and serial bonds not exceeding $15,000,000 for each calendar year of the present war, dating from January 1, 1918, and one year after the termination of the war as fixed by the proclamation of the President of the United States.

New York, Laws 1918, ch. 658.

71. To improve military camps.-Authority is given to municipalities of the island of Porto Rico to borrow money, contract indebtedness, and issue bonds not exceeding six per cent of the assessed valuation for constructing and improving and extending waterworks system, municipal streets and roads, sidewalks, drainage, etc., to any camps that the Federal Government through the military authority of the United States shall establish and maintain in any municipality of Porto Rico.

Porto Rico, Laws 1917, J. R. No. 4, sec. 1, p. 660.

72. Investment of State funds.-The State treasurer is authorized to invest the surplus funds of the State during the continuance of the war between the United States and Germany in short-time United States certificates of indebtedness.

Texas, Gen. Laws 1918, ch. 3.

73. Payment to municipality for military service. Each city, town, and plantation shall receive from the State $100 for every man furnished for military service of the United States and accepted for a term of three years, and in the same proportion for every man for a shorter period, in the Civil War. Bonds are authorized to the extent of $3,500,000 to make such payment.

Maine, Const. art. 9, sec. 15.