55-117. Militia; National Guard; induction into actual service; occasions.

The Nebraska National Guard shall be liable at all times to be ordered into active service, and shall be first called out by the Governor on all occasions for military service within the state, in time of war, invasions, riot, rebellion, insurrection, disaster, or reasonable apprehension thereof, or upon the requisition of the President of the United States. In case the National Guard is insufficient in number or is not available, the Governor may by proclamation order the enrollment for active service of such additional portion of the militia as he may deem necessary to meet the emergency or to comply with the requisition of the President of the United States, designating the same by draft, if a sufficient number shall not volunteer, and may organize the same in the manner herein provided for organizing the Nebraska National Guard. When so ordered out for service, the militia shall be subject to the same regulations and render the same service as required of the Nebraska National Guard, and receive the same compensation as that prescribed at the time of said service for the army of the United States. In any situation where the National Guard is ordered to duty for any of the purposes listed in this section it shall be the duty, the responsibility, and the obligation of the Governor through the Adjutant General to exercise such control as he deems essential for the purpose of quelling any riot, rebellion or insurrection, and for such purposes any local police authorities shall be subject to his control and direction.

Source:Laws 1909, c. 90, § 16, p. 371; R.S.1913, § 3915; C.S.1922, § 3324; C.S.1929, § 55-149; R.S.1943, § 55-180; Laws 1967, c. 615, § 1, p. 2063; R.R.S.1943, § 55-180; Laws 1969, c. 459, § 15, p. 1585; Laws 1974, LB 983, § 2.

Annotations

National Guard, though subject to call by federal government, is essentially a state institution, and is a governmental agency under Workmen's Compensation Act. Nebraska National Guard v. Morgan, 112 Neb. 432, 199 N.W. 557 (1924).

Where proclamation of Governor recites a condition of lawlessness and disorder beyond control of civil authorities, it is equivalent to a declaration of existence of insurrection. United States ex rel. Seymour v. Fischer, 280 F. 208 (D. Neb. 1922).