CHAPTER 329

PUBLIC ARMS AND DEFENSE

ADJUTANT GENERAL

AN ACT TO AMEND CHAPTER 8 OF THE REVISED CODE OF THE STATE OF DELAWARE, 1935, AS AMENDED, RELATING TO PUBLIC ARMS AND DEFENSE.

Be it enacted' by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That 257. Sec. 2, Chapter 8 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out the word "cavalry" in line twelve of said section and inserting in lieu thereof the words "air force."

Section 2. That 260. Sec. 5, Chapter 8 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out and repealing the said section and substituting in lieu thereof a new section as follows:

260. Sec. 5. ADJUTANT GENERAL, APPOINTMENT OF; DUTIES AND SALARY:--The Adjutant General shall be appointed by the Governor, and shall have had previous military experience. He shall qualify and hold office for a term of nine years from the date of his appointment. The duties of the Adjutant General shall be as follows, to-wit: He shall be Chief-ofStaff of the Delaware National Guard and shall promulgate all orders of the Commander-in-Chief, and shall obey all orders relative to carrying into execution and perfecting any system of military discipline established by law; he shall be in attendance when the Commander-in-Chief reviews the Delaware National Guard, and perform such other military duties as the Commander-in-Chief may direct; he shall keep a register of all the officers and men of the military forces of the State, and keep in his office all records and papers required to be kept and filed therein, and make a report on or before the thirty-first day of December, in each year, to the Commander-in-Chief upon the condition of the Delaware National Guard, and statements of the

expenditures during the preceding year; and he shall furnish the proper officers of the United States Government with such reports and other information as may from time to time be necessary; he shall purchase such books, blank forms, stationery and other military stores, not otherwise provided, as may be necessary for the proper instruction and equipment of the Delaware National Guard, and issue the same upon proper requisition therefor; and furnish transportation and subsistence to the officers and men when it is necessary so to do for the transaction of military business out of funds which may be appropriated for these purposes; he may, with the approval of the Commanderin-Chief, sell or exchange from time to time such military stores belonging to the Delaware National Guard as are found unserviceable or in a state of decay, or which it may be deemed for the interest of the State to sell or exchange; he shall receive an annual salary of Twenty-five Hundred Dollars and is authorized to draw his warrant on the State Treasurer, who is authorized and directed to pay the sum out of money hereinafter appropriated for military purposes, in equal monthly installments; he shall have power and authority to employ such clerical assistance as may be necessary in the administration of his office, and the said personnel shall be paid out of funds which may be appropriated for that purpose; he shall furnish bond in such amount and form as may be directed by the Commander-inChief, conditioned for the faithful performance of his official duties.

The Adjutant General shall designate two individuals of the clerical force of his office as Service Officer and Assistant Service Officer, whose duties shall be to assist any residents of the State of Delaware, who have served in the armed forces of the United States in any war in which said armed forces have been engaged, their wives, children, or dependents, in adjusting their claims with the Government arising from participation of said residents in such war. For the purpose of compensating the clerks in the Adjutant General's office for the additional duties imposed upon them and for expenses necessary to carrying into effect the provisions of this paragraph, there is hereby appropriated the sum of Five Hundred Dollars annually, to be paid out of the general fund by the State Treasurer on warrants of the Adjutant General when approved by the Governor.

260 (a). Sec. 5 (a). ACTING ADJUTANT GENERAL, APPOINTMENT OF; DUTIES:--The Adjutant General may, during his absence from the State or while incapacitated due to illness or other cause, appoint any one of the officers of the State Staff Corps and the Departments to act as Acting Adjutant General during such absence or such incapacity. The Acting Adjutant General so appointed shall serve until the return of the Adjutant General to the State or until he shall again be capable of performing the duties of his office, as the case may be. The Acting Adjutant General shall have all the powers and authority and shall perform all the duties of the Adjutant General during his absence or incapacity.

Section 3. That 264. Sec. 9, Chapter 8 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out and repealing the said section and substituting in lieu thereof a new section as follows:

264. Sec. 9. ENLISTED MEN; DISCHARGE OF:--The discharge of enlisted men from the National Guard of this State shall be in conformity with the provisions of the National Defense Act and any amendments thereto governing the discharge of enlisted men.

Section 4. That 283. Sec. 28, Chapter 8 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by striking out and repealing the said section and substituting in lieu thereof a new section as follows:

283. Sec. 28. FINES AND FORFEITURES PAID TO DELAWARE NATIONAL GUARD ASSOCIATION:--All fines and forfeitures imposed and collected through the sentence of court-martial shall be forwarded to the Adjutant General and by him paid over to the Delaware National Guard Association Fund,

Section 5. That Chapter 70 of Volume 41, Laws of Delaware, be and the same is hereby repealed.

Section 6. That 285. Sec. 30, Chapter 8 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out and repealing the said section and substituting in lieu thereof a new section as follows:

285. Sec. 30. GOVERNOR MAY CALL OUT NATIONAL GUARD ON EXTRAORDINARY OCCASIONS; DECLARATION OF STATE OF INSURRECTION; PAY FOR SERVICE; HOW PAID:--When it may be necessary to use any military force for public defense against foreign or domestic violence, or to provide for the protection of the lives or property of the people of the State, or in times of imminent danger of foreign or domestic violence, epidemic or breach of the public peace, or imminent danger to the lives or property of the people of this State, the Governor, as Commander-in-Chief, shall have power according to the emergency to call out any regiment, battalion, company or any part thereof for any such purpose. Whenever any portion of the Delaware National Guard is employed in aid of the civil authority, the Governor if in his judgment the maintenance of law and order will be thereby be promoted, may by proclamation declare the County or City in which the troops are serving, or any specified part thereof, to be in a state of insurrection.

For every day of service while on such duty each member of the Delaware National Guard shall receive a sum equal to twice the per diem pay and allowances that military personnel of like grade and length of service in the United States Army would be entitled to receive for a similar period of service.

Such service pay and any expenses incidental to said mobilization shall be paid by the State Treasurer from any monies not otherwise appropriated, upon warrants therefor signed by the Adjutant General, and countersigned by the Governor.

Section 7. That 286. Sec. 31, Chapter 8 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out and repealing said section and substituting in lieu thereof a new section as follows:

0. Sec. 31. NOTICE OF REQUISITION FOR MILITARY FORCE; NEGLECT TO RESPOND; PENALTIES; COMMISSIONS REVOKED:--All such requisitions for military force shall be made known to the forces whose services are required by the Commanding Officer thereof; and upon refusal of those notified to attend the summons and perform the duty required,

they shall be liable to such punishment as a general court-martial may, upon conviction, determine.

Section 8. That 288. Sec. 33, Chapter 8 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out and repealing said section and substituting in lieu thereof a new section as follows:

288. Sec. 33. INJURED OFFICER OR ENLISTED MAN; CARE OF; COMPENSATION; PENSION RIGHTS OF WIDOWS:--If any officer or soldier belonging to any regiment, company or detachment of the Delaware National Guard be wounded or disabled in the service of the State when called into such service, he shall receive compensation from the State of Delaware at the rate provided in the Delaware Workmen's Compensation Act, for the type of injuries sustained, based upon his civilian earning capacity or upon his military pay scale whichever is greater. The phrase "service of the State" shall include participating in armory drill, attendance at military school under proper orders, participating in special ceremonies and participating in field training unless otherwise designated by the United States Government. If any officer or enlisted man of the Delaware National Guard is killed in the service of the State, a pension shall be awarded to his widow or next of kin as the case may be in accordance with the provisions of Section 11 of the Delaware Workmen's Compensation Law. The "wages" of any such decedent shall be interpreted as either the civilian wage of the decedent or the military wage of the decedent, whichever is greater. Any such compensation or pension shall be paid by the State Treasurer from any monies not otherwise appropriated, upon warrants therefor signed by the Adjutant General, and countersigned by the Governor.

Section 9. That 290. Sec. 35, Chapter 8 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out and repealing said section and substituting in lieu thereof a new section as follows:

290. Sec. 35. APPROPRIATION TO ANY COMPANY OR LIKE UNIT; UNIFORM ALLOWANCE OF COMMISSIONED OFFICERS; HOW PAID:--Each federally recognized unit of

company size shall receive annually from the State Treasurer the sum of Five Hundred Dollars, to be expended by the said unit in accordance with the regulations of the United States Army governing unit funds. *

Each commissioned officer and each warrant officer of the Delaware National Guard who shall be in the service on the first day of July, A. D. 1948, and who has been present and performed eighty-five per cent of duty during the preceding year or such part of the preceding year during which he was a commissioned officer or warrant officer, shall receive during the fiscal year from July 1, 1948 to June 30, 1949, a sum of One Hundred Dollars to assist in defraying the cost of his uniform and equipment and after June 30, 1949, shall receive annually the sum of Fifty Dollars ($50.00) for such purposes. Any individual hereafter commissioned or appointed an officer or warrant officer shall receive at the conclusion of his first year of service as such officer or warrant officer, provided he has performed eighty-five per cent of duty during the said year, the sum of One Hundred Dollars ($100.00) to assist in defraying the cost of his uniform and equipment, and thereafter shall receive annually the sum of Fifty Dollars ($50.00) for such purposes.

Section 10. That 291. Sec. 36, Chapter 8 of the Revised Code of Delaware, 1935, be and the same is hereby repealed.

Section 11. That 292. Sec. 37, Chapter 8 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out of said section the words "who shall also act as Armorers" as the same appear in line ten of the said section.

Section 12. That 293. Sec. 38, Chapter 8 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out of the first paragraph of the said section the words "sworn to or affirmed before an officer authorized by law to administer oaths or affirmations" and substituting in lieu thereof the words "certified to."

Section 13. That 294. Sec. 39, Chapter 8 of the Revised Code of Delaware, 1935, be and the same is hereby repealed.

Section 14. That 299. Sec. 44, Chapter 8 of the Revised Code of Delaware, 1935, be and the same is hereby repealed.

Section 15. That 300. Sec. 45, Chapter 8 of the Revised Code of Delaware, 1935, be and the same is hereby repealed.

Section 16. That 303. Sec. 48, Chapter 8 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out the words "Nine Hundred Dollars" in line three of the said section and substituting in lieu thereof the words "Three Thousand Dollars." Provided that there shall be no increase in pay until he is released from active duty.

Section 17. That 304. Sec. 49, Chapter 8 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out and repealing said section and substituting in lieu thereof a new section as follows:

304. Sec. 49. STATE ARMORY AND ARSENAL; USE OF; RIGHT TO LEASE; DISPOSITION OF RENTALS:--All government and State military property that the military authorities of the State may desire shall be stored in the State Arsenals; the use and occupation of the remainder of the Arsenals or Armories shall be turned over to such State Military Organization or Organizations, as may from time to time exist, subject to the supervision of the proper military authorities of the State.

The Adjutant General is hereby empowered to enter into on behalf of the State of Delaware, leases and contracts for the use of any State owned Armory, Arsenal or military reservation upon such terms and conditions and for such duration as he may deem advisable and for the best interests of the State; provided, however, that the occupation and use of any such Armory, Arsenal or military reservation under any such lease shall not in any way interfere with the operation of such Armory, Arsenal or military reservation by the armed forces of the State of Delaware.

the Adjutant General and by him paid over to the State Treasurer to the credit of the General Fund.

No order shall be paid by the State Treasurer unless approved by the Adjutant General or unless an itemized bill or statement showing in detail the items to be paid under such order shall be attached and the contents thereof duly certified to as true and correct.

Section 18. That 305. Sec. 50, Chapter 8 of the Revised Code of Delaware, 1935, be and the same is hereby repealed.

Section 19. That 309. Sec. 54, Chapter 8 of the Revised Code of Delaware, 1935, be and the same is hereby repealed.

Section 20. That 320. Sec. 65, Chapter 8 of the Revised Code of Delaware, 1935, be and the same is hereby repealed.

Approved June 30, 1949.