48-242. Call by sheriff or mayor for aid.
48-242
48-242. Call by sheriff or mayor for aid.In case of any breach of the peace, tumult, riot, resistance to processin this state, public disaster or imminent danger thereof, it shall be lawfulfor the sheriff of any county or the mayor of any city to call upon thecommander in chief, or in his or her absence upon the adjutant general,for aid, said request to be in writing or by telegraph; and it shall bethe duty of the commander in chief or the adjutant general, if in that officer'sjudgment the circumstances demand military aid, to order into the activeservice of the state the available militia in such numbers and organizationsas the conditions require. The commanding officer of such militia will reportto the sheriff or mayor asking aid, and will cooperate with him or her andthe civil authorities, and will render all assistance in his or her powerto preserve the peace and execute the laws of the state.
The commanding officer of such militia called into active service shallhandle and maneuver the command in accordance with his or her own judgment;and if the commanding officer has reason to believe that the civil authoritiesare not acting judiciously, or are not sincerely endeavoring to preservethe peace or execute the laws, the commanding officer shall at once reportthe fact to the commander in chief, by telegraph if possible, and hold himselfor herself in readiness to carry out such instructions as he or she mayreceive in response.
History: L. 1901, ch. 255, § 42; R.S. 1923, 48-242; L. 1957, ch. 306, § 6;June 29.