to letter

into companies, the Brigadier General shall letter Brig. Gen. them and form them into regiments of not less than companies, five nor more than ten companies each, and it shall be his duty to appoint the time for holding company and To preside regimental elections, to preside at the regimental elec- at elections. tions, and report the names of the company and regimental officers to the Governor to be commissioned.

SEC. 7. When any company shall petition the Brigadier General, he shall order an election for company rder elesofficers, and the clerks chosen by the company shall tion, when. report the certified result to him, whereupon he shall forward the names of officers so elected to the Governor, and the portion of the militia so. officered and reported as ready for parade, shall be designated and known as the uniformed militia of Colorado.

ARTICLE III.

CALLING OUT.

order elec

SEC. 1. When the commander-in chief, with the advise [advice] of the military board, shall so direct, the Brigadier General shall order company elections Brig. Gen. of the non-uniformed militia in their several brigade tion, when. districts, and proceed to notify each member of each and every company enrolled, either himself or through the sheriff of each county, which notice may be ver- Sheriff nobal, written or printed, said election shall be held tify, when, according to military usage and the clerk chosen by the company shall certify to the result, and after the persons so elected shall have taken the oath of office he shall forward the result to the Governor for commission.

when.

SEC. 2. Whenever it shall be found necessary, in order to suppress insurection [insurrection], repel Indian invasion, or to open communication with the the eastern states, the Commander-in-Chief, with the advise [advice] of the military board, may call for vol- May order unteers by companies in number deemed advisable out militia not exceeding two thousand at any one time, and for designated time, ane if the required number of men should not volunteer by companies, he may fill the quota by volunteers at large, to be officered and equiped [equipped] as provided for uniformed companies of Colorado militia. If the required number should not volunteer in either of these modes the commander-in-chief, with [the] consent of the military

draft.

May order board, may order a parole of all enrolled companies 'for draft, which draft shall be public and the names drawn in the same manner as the law provides for drawing petit jurors, and the sergeant of the company or sheriff of the county shall have power to inforce Eenforce] the appearence [appearance] of the persons so drawn or their substitutes at the appointed rendez

In case of riot.

militia to be

vous.

SEC. 3. In case of any invasion, insurrection, riot, or eminent [imminent] danger thereof or threatened attack of Indians within the limits of any Division, Brigade, Regimental [Regiment] or Battalion, it shall. be the duty of the commandant of such Division, Brigade, Regiment or Battalion, to order out, for defense of the Territory, the militia or any part thereof Uniformed always calling first upon the uniformed militia under first called, his command and immediately report the circumstances attending the same to his commanding officer and to the Commander-in-Chief, and when arms have not been supplied by the Territory, the militia so called out may arm and equip themselves, the damage and loss to be paid by the territory. Provided, That the militia, nor any part thereof shall ever be taken withtaken out of out the limits of the Territory, and that no part of this section shall be so construed as to authorize the mounting of these companies or the fitting out of any expedition against any Indian tribe in the territory, or against any people.

-Not to be

territory.

Fine for not

"

SEC. 4, In case of any break of the peace, riot, turmoil, resistance of process, or apprehension of [the] eminent [imminent] danger of the same it shall be lawfull [lawful] for the sheriff of any county or the mayor of any city, to call for aid from any Brigade, Regiment, Battalion or Company, and it shall be the duty of the Commander of such Brigade, Regiment, Battallion or Company to whom such order is given to order out, in aid of the civil authorities, the military force, or any part thereof under his command. Such afficer shall be subject to the sheriff or public officer so requiring his service, and for refusing or neglecting to obey the order of the sheriff or public officer, or hindering or preventing his men performing such duty, every military officer so offending shall be liable

to

a fine of not more than five hundred dollars and im. obeying prisonment in the county jail for a period of not more than three months, and in addition thereto such officer shall be liable to be tried by court martial and sen

MILITIA.

tenced to be cashiered and incapacitated forever after for holding any military commission in this Territory. Any con-commissioned officer or private like offending shall be subject to a fine [of] not more than fifty dol lars, to be recovered as in action of debt and paid into the military fund of the county, deducting legal costs and charges.

ARTICLE IV.

19

werran's.

ELECTIONS, PARADES AND DRILLS, thumbr A SEC. 1. It shall be the duty of the Adjutant Gen- shall preeral to prepare and distribute printed blanks for war- pare blank rants to commanding officers to compel the attendance of officers and enrolled militiamen to any election, parade or drill, duly authorized by law, which warrants issued under said officers hand shall have due force of law, and shall be in the following form:

S.S.... :

(Name of person)

insert order.)

HEADQUARTERS,
Div. Brig. Reg.
You are hereby directed (here

Given under my hand this day year.

Signed (A. B., Rank, Div., Brig., Reg.,
Colorado Militia,

Form.;

how served

Said warrant may be presented to the person so summoned, or left at his house or usual place of business Warrant and any person summoned as above, who shall neglect or refuse to appear at any election, parade or drill, according to orders, shall forfeit the sum of ten dol- Liability." lars to be paid iuto the county treasury and credited to the militia fund.

Command

Annual

I drill.

SEC. 2. The Commander-in-Chief, with the advice of the military board, may order parade of all the Jer-in-chief uniformed and non-uniformed militia at any [time] may order the public exigencies may require. The uniformed militia shall appear by companies for drill and inspection, one day in the year, viz. the first Tuesday in A June, every year, with such arms and equipments as the military board snall provide, or with their own arms and equipments. Any officer or private, belonging to any uniformed company, who shall neglect or refuse to appear at such parade, shall be returned to the county assesser as a military delinquent by his officers and the assessor shall thereupon add the sum of two dollars to the said persons assessments for that ance.

Fine for non-appear.

Fine how collected,

Militia exempt.

Ne parade

year, to [be] collected as other taxes, and applied to the military fund of the county. All members of uniformed military companies who shall be present at all elections and parades shall annually receive the sum two dollars, out of the military fund of the county, and every member of such companies having the cer tificate of his commander certifying to his proper performance of military duty, according to law and regulations, during the several elections, parades and drills, or other military assemblage, required by law, or ordered by superior officers, shall be exempt, for the year such certificate is given, from all poll taxes, involuntary jury duty, and from military duty, except in the corps to which he belongs. The term of service of the uniformed militia and the tenure of office shall be two years from the date of the election of company officers.

SEC. 3. No parade or rendevous (rendezvous) of the militia shall be ordered on any day set apart by on election, law for an election, unless on demand of civil officers, to suppress riot, tumult or invasion.

Officers o staff. Division.

Brigade.

ARTICLE V.

OFFICERS AND STAFF.

SEC. 1. There shall be attached to each Division of Militia of this territory, one Major General and his Staff, consisting of one Aid, one Inspector, one Engineer, one Paymaster, one Commissary and one Quarter Master, each with the rank of Major, to be appointed by the Major General. To every Brigade there shall be one Brigadier General with his Staff, consisting of one Aid, one Inspector, one Paymaster, and one Quarter Master, each with the rank of Captain, to be appointed by the Brigadier General, To every RegiRegiment. ment shall be one Colonel, one Lieutenant Colonel and one Major, to be chosen by the members of the regiment; and the Colonel's Staff shall consist of one Adjutant, one Quartermaster, one Assistant Quartermaster, oue Sergeant (Surgeon), one Assistant Surgeon, one Sergeant Major and two Musicians, to be appointed by the Colonel. There shall be to every Company, one Captain, one First and one Second Company. Lieutenant, one Orderly Sergeant, four Sergeants and four Corporals and the Captain shall appoint two Musicians.

mander-in

SEC. 3. The Staff of the Commander-in-Chief shall consist of the Adjutant General, the Inspector Gen- Staf of comeral, one Judge Advocate General and two or more chief. Aids, as exigencies may require, who shall rank as Colonels.

ARTICLE VI.

MILITARY FUND-COMPENSATION.

SEC. 1. For the purpose of carrying into effect the provisions of this act, and for creating a Territorial Military Fund, an annual poll tax of fifty cents shall Poll tax. be and is hereby levied upon each mule (male) inhabitant of the Territory of the age of twenty-one years and upward, to be known as the military poll tax, which shall be assessed and collected in the same manner and at the same time as is now or may be prescribed by law for the assessment and collection of territorial poll taxes.

Duty of

treasurer.

SEC. 2. It shall be the duty of every, county treasurer in this Territory to provide suitable books in county which shall be entered an account of all fines and penalties and all taxes collected in pursuance of this act. He shall also enter in said book an account of all money paid out of said fund and for what purpose.

fund, how

SEC. 3. The fund so created shall be applied exclusively for military purposes, for the benefit of the militia and for fitting out and paying the expenses of territorial defense, and no money shall be paid by the county treasurer from such fund, but upon the joint order of the senior officer of each regiment in said Military county, or if there is no regimental organization in paid out. such county, then upon the joint order of the senior officer of each company, countersigned by the Brigadier General commanding the brigade district, and if there be none of the above named, then by the chairman of the board of commissioners of said county, or upon order of the military board.

SEC. 4. It shall be the duty of the county treasurer in the several counties, to preserve the county military fund, as provided by this act, a separate fund and after paying the company and regimental expenses of the county, as hereinbefore provided, to trans- County mit the balance, annually, to the treasurer of the duty of. territory, along with the territorial taxes, and the territorial treasurer shall keep the same as a territorial

treasurer