§ 129 Militia Desertion Penalties

This law says that if a militia member is told to report for duty, they must show up within 24 hours of the scheduled time, and if they don’t, they are considered a deserter unless they have a doctor’s note saying they are physically unable to serve.

Key Takeaways

•Militia members must report within 24 hours of the scheduled time.
•A doctor’s note can excuse a late appearance.
•Without the note, the member is considered a deserter and faces penalties.

Example

Maria is called up by the Governor to report for militia duty on Friday at 8:00 AM. She lives 30 miles away and gets stuck in traffic, arriving at 9:30 AM on Saturday—more than 24 hours after the scheduled time. She does not have a doctor’s note.

Because Maria did not appear within 24 hours and she did not provide a sworn certificate of physical disability, the law treats her as a deserter and she can be punished as described in the Articles of War.

How to Calculate

Deserter = (ActualAppearanceTime - DesignatedTime) > 24 hours AND NoCertificate

Write down the time the Governor set for the member to appear (DesignatedTime).
Write down the actual time the member shows up (ActualAppearanceTime).
Subtract DesignatedTime from ActualAppearanceTime to get the elapsed hours.
If the elapsed hours are greater than 24, go to step 5.
Check if the member has a sworn certificate of physical disability from a physician in good standing.
If there is no certificate, the member is classified as a deserter.

John is ordered to report on Monday at 9:00 AM. He shows up on Tuesday at 10:00 AM.

Result: Deserter (25 hours > 24 hours and no certificate)

Every member of the militia who is ordered out, or who volunteers or is drafted under the provisions of this division and who does not appear at the time and place designated by the Governor, or under his authority, within twenty-four hours from such time, and who does not produce a sworn certificate of physical disability from a physician in good standing, is a deserter and shall be dealt with as prescribed in the Articles of War of the United States, or by this division. (Enacted by Stats. 1935, Ch. 389.)

Key Takeaways

•Militia members must report within 24 hours of the scheduled time.
•A doctor’s note can excuse a late appearance.
•Without the note, the member is considered a deserter and faces penalties.

Example

How to Calculate

Deserter = (ActualAppearanceTime - DesignatedTime) > 24 hours AND NoCertificate

Write down the time the Governor set for the member to appear (DesignatedTime).
Write down the actual time the member shows up (ActualAppearanceTime).
Subtract DesignatedTime from ActualAppearanceTime to get the elapsed hours.
If the elapsed hours are greater than 24, go to step 5.
Check if the member has a sworn certificate of physical disability from a physician in good standing.
If there is no certificate, the member is classified as a deserter.

John is ordered to report on Monday at 9:00 AM. He shows up on Tuesday at 10:00 AM.

Result: Deserter (25 hours > 24 hours and no certificate)

Key Takeaways

Example

How to Calculate

Key Terms

References

§ 129 Militia Desertion Penalties

Key Takeaways

Example

How to Calculate

Key Terms

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References