55-116. Militia; state of insurrection; power of Governor to proclaim.

Whenever any portion of the militia is employed in aid of the civil authority, the Governor, if in his judgment the maintenance of law and order will thereby be promoted, may by proclamation declare the county or city in which the troops are serving, or any specified portion thereof, to be in a state of insurrection.

Source:Laws 1909, c. 90, § 17, p. 372; R.S.1913, § 3916; C.S.1922, § 3325; C.S.1929, § 55-152; R.S.1943, § 55-182; Laws 1969, c. 459, § 14, p. 1585.

Annotations

Governor may make use of National Guard to suppress insurrection and his declaration of the existence of a state of insurrection is conclusive. United States ex rel. Seymour v. Fischer, 280 F. 208 (D. Neb. 1922).