The legislature shall provide for the organization, discipline and equipment of the militia, which shall conform as nearly as practicable to the organization, discipline and equipment of the regular army of the United States, and shall provide for the maintenance thereof.

ANNOTATIONS

Comparable provisions. — Idaho Const., art. XIV, § 2.

Iowa Const., art. VI, § 1.

Utah Const., art. XV, § 2.

Wyoming Const., art. XVII, § 2.

Meaning of section. — Constitution-makers did not say that legislature should organize the militia but mandated them to provide for organization of militia, and legislature has declared its legislative policy of establishing a militia. State ex rel. Charlton v. French, 1940-NMSC-010, 44 N.M. 169, 99 P.2d 715.

Court-martial for felony not authorized absent war or public danger. — Section does not authorize legislature to provide that militiaman can be tried for felony by court-martial or military court when no state of war or public danger exists. State ex rel. Sage v. Montoya, 1959-NMSC-029, 65 N.M. 416, 338 P.2d 1051.

Provisions in pari materia. — Constitutional provisions concerning organization, discipline and equipment of militia, calling out of militia (N.M. Const., art. V, § 4) and contracting debts to provide for public defense (N.M. Const., art. IX, § 7) are in pari materia. State ex rel. Charlton v. French, 1940-NMSC-010, 44 N.M. 169, 99 P.2d 715.

Salary of adjutant-general. — Adjutant-general of the state holds two offices, one a civil office and the other brigadier-general of the national guard of the state, and when ordered to duty as national guard officer, he is entitled to pay in both capacities. 1934 Op. Att'y Gen. No. 34-805.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 53 Am. Jur. 2d Military and Civil Defense § 26.

Validity of governmental requirement of oath of allegiance or loyalty, 18 A.L.R.2d 268.

6 C.J.S. Armed Services § 288 et seq.