five (5) examiners, or secretaries, who shall be skillful retail apothecaries, of seven (7) years practical experience, actually engaged in said business in the state of Nebraska; and said secretaries shall assist said board in conducting all examinations hereinafter provided for, and in the performance of any of its duties, each of said secretaries shall receive a compensation of five ($5) dollars per day for each day's service actually and necessarily performed, and such necessary expenses as shall be audited and found just and reasonable by said board, for attending the meetings thereof, said secretaries or examiners to be selected from ten (10) practical pharmacists, recommended by the Nebraska State Pharmaceutical Association; Provided, That all such services and expenses, and all the necessary expenses of said board, shall be paid out of the moneys received by said board for fees. All moneys received in excess of said per diem allowance, and other expenses above provided for, shall be paid into the state treasury at the end of each year, and so much thereof as shall be necessary to meet the current expenses of said board, shall be subject to the order thereof, if, in any year, the receipts of said board shall not be equal to its expenses. The board shall make an annual report and render account to the state auditor, and to the Nebraska State Pharmaceutical Association, of all moneys received and disbursed by it pursuant to this act, and the state of Nebraska shall in no case be liable for any such compensation or expenses; And provided further, That said board shall have the power to discharge any of said secretaries at any time, and to fill any vacancy in the position of secretary whenever, from any cause, such vacancy exists. [1887. chap. 52.]

SEC. II. [Officers-Salary-Duties.]-The said board shall, within thirty (30) days after its appointment, meet and organize by the election of a president and a secretary from its own members, who shall be elected for the term of one year, and until their successors are elected, and shall perform the duties prescribed by the board. Said secretary shall, in addition to his compensation as a member of said board, receive a further sum not to exceed one hundred dollars ($100) annually for his services as said secretary. It shall be the duty of the board to examine all applications for registration submitted in proper form; to grant certificates of registration to such persons as may be entitled to the same under the provisions of this act; to investigate complaints and to cause the prosecution of all persons violating its provisions; to report annually to the governor and to the Nebraska State Pharmaceutical Association upon the conditions of pharmacy in the state, which said report shall also furnish a record of the proceedings of the said board for the year, and also the names of all pharmacists registered under this act. The board shall hold meetings for the examination of applicants for registration, and the transaction of such other business as shall pertain to its duties, at least once in four (4) months, said meetings to be held on the first Tuesdays of March, July and November in each year; and shall make bylaws for the proper fulfillment of its duties under this act; and shall keep a book of registration in which shall be entered the names and places of business of all persons registered under this act, which book shall also specify such facts as said persons shall claim to justify their registration. The record of said board, or a copy of any part thereof, certified by the secretary to be a true copy, attested by the seal of the board, shall be accepted as competent evidence in all courts of the state. Three (3) members of said board shall constitute a quorum.

SEC. III. Pharmacist.]-Every person who shall, within three (3) months after the passage of this act takes effect, forward to the board of pharmacy satisfactory proof, supported by his affidavit, that he was engaged in the business of a dispensing pharmacist on his own account in this state at the time this act takes effect, in the preparation of physicians' prescriptions, or that at such time he had been employed or engaged three (3) years or more as a pharmacist in the compounding of physicians' prescriptions, and was at said time so employed in this state, shall, upon the payment to the board of a fee of two ($2) dollars, be grant

ed the certificate of registered pharmacist; Provided, That in case of failure or neglect to register as herein provided, such person or persons shall, in order to be registered, comply with the requirements provided for registration as a licentiate in pharmacy hereinafter described.

SEC. IV. [Licentiates.]-No person other than a licentiate in pharmacy shall be entitled to registration as a pharmacist except as provided in section 3. Licentiates in pharmacy, in the meaning of this act, shall be such persons, not less than eighteen (18) years of age, who shall have passed a satisfactory examination touching their competency before the board of pharmacy. Every such person shall, before an examination is granted, furnish satisfactory evidence that he is of temperate habits, and pay to the board a fee of three ($3.00) dollars; Provided, That in case of the failure of any applicant to pass a satisfactory examination, the money shall be held to his credit for a second examination at any time within the year. The said board may grant certificates of registration, without further examination, to the licentiates of such other board of pharmacy as it may deem proper, upon payment of a fee of two ($2.00) dollars.

SEC. V. [Fees.]-The said board may grant, under such rules and regulations as it may deem proper, for a fee not exceeding one ($1,00) dollar, the certificate of registered assistants to clerks or assistants to pharmacy, not less than eighteen (18) years of age, who at the time this act takes effect shall be engaged in such service in the state and have been employed or engaged two (2) years or more in the practice of pharmacy, but such certificate shall not entitle the holder to engage in such business on his own account, or to take charge of or act as manager of a pharmacy or drug store..

SEC. VI. [Registration.]-Every registered pharmacist, or registered assistant who desires to continue the practice of his profession shall annually, after the expiration of the first year of his registration, during the time he shall continue in such practice, on such date as the board may determine, pay to the said board a registration fee to be fixed by the board, but which shall not exceed one ($1) dollar for a pharmacist or fifty (.50) cents for an assistant, for which he shall receive a renewal of said registration. Every person receiving a certificate under this act shall keep the same conspicuously exposed in his place of business. Every registered pharmacist or assistant shall, after changing his place of business or employment, as designated by his certificate, notify the secretary of the board of his new place of business. If any pharmacist or registered assistant shall fail or neglect to procure his annual registration, or to comply with the other provisions of this section, his right to act as such pharmacist or assistant shall cease at the expiration of ten (10) days from the time of notice of such failure to comply with the provisions of this section shall have been mailed to him by the secretary of said board.

SEC. VII. [Fraudulent registration.]—Any registrations obtained through false representations shall be void, and the board of pharmacy may hear complaints and evidence, and may revoke such certificates as it may deem improperly held.

SEC. VIII. [Violations of act.]-Any proprietor of a pharmacy who, not being a registered pharmacist shall ninety (90) days after this act takes effect, fail or neglect to place in charge of such pharmacy a registered pharmacist, or any such proprietor who shall by himself, or, any other person, permit the compounding or dispensing of prescriptions, or the vending of drugs, medicines or poisons in his store or place of business, except by, or in the presence, or in and under the supervision of a registered pharmacist or registered assistant; or any person, not being a registered pharmacist, who shall take charge of or act as manager of such pharmacy or store, or who, not being a registered pharmacist or registered assistant, shall retail, compound or dispense, drugs, poisons or medicines of any kind, or any person violating any other provision of this act to which no other penalty is herein attached, shall be deemed guilty of a misdemeanor, and

for every such offense, upon conviction thereof, shall be punished by a fine of not less than ten, or more than one hundred ($100.00) dollars, or shall be imprisoned not less than ten (10) days, nor more than ninety (90) days.

SEC. IX. [Patent medicines-Physicians.]-Nothing in this act shall prevent any wholesale or retail dealers in any business from selling any patent or proprietary medicines, nor any resident registered physician from dispersing his own medicines on his own prescriptions.

SEC. X. [Adulterating drugs.]-No person shall add to or remove from any drug, medicine, chemical or pharmaceutical preparation, any ingredient or material for the purpose of adulteration or substitution, which shall deteriorate the quality, commercial value or medical effect or which shall alter the nature or composition of such drug, medicine, chemical or pharmaceutical preparation, so that it will not correspond to the recognized tests of identity or purity. Any person who shall thus willfully adulterate or alter, or cause to be adulterated or altered, or shall sell or offer for sale any such drug, medicine, chemical or pharmaceutical preparation, or any person who shall substitute or cause to be substituted one material for another, with the intention to defraud or deceive the purchaser, shall be guilty of a misdemeanor and be liable to prosecution under this act. If convicted he shall be liable to all the costs of the action and for the first offense be liable to a fine of not less than ten ($10.00) dollars or more than one hundred ($100.00) dollars, and for each subsequent offense a fine of not less than twenty-five ($25.00) dollars or more than one hundred ($100.00) dollars. On complaint being entered, the board of pharmacy is hereby empowered to employ an analyst or chemist, whose duty it shall be to examine into the so called adulteration, substitution or alteration, and report upon the result of his investigation, and if the said report shall be deemed to justify such action, the board shall duly cause the prosecution of the offender, as provided in this act.

SEC. XI. [Suit for penalties.]--All suits for the recovery of the penalties prescribed in this act shall be prosecuted in the name of the state of Nebraska, in any court having jurisdiction, and it shall be the duty of the prosecuting attorney of the county where such offense has been committed to prosecute all persons violating the provisions of this act, upon proper complaint being made to them.

SEC. XII. [Pharmacists exempt as jurors.]-The pharmacist of every house dispensing and compounding medicines, registered under this act, shall be exempt and free from all jury duty in the courts of this state.

CHAPTER 56.-MILITIA.

SECTION 1. [Who liable to duty.]-Every able-bodied male citizen of this state, between the ages of eighteen and forty-five years, not expressly exempted by law, shall be subject to military duty and be designated as the militia. [1887, Chap. 50.]

SEC. 2. [When enrolled.]—When it is necessary to execute the law, suppress insurrection or repel invasion, or when a requisition is made by the president of the United States for troops, the governor, as commander-in-chief, shall, by his proclamation, require the enrollment of the militia of the state, or such portion thereof as may be necessary, in a manner herein provided.

SEC. 3. Number-Enlistment.]-The active militia shall be designated as the "Nebraska National Guard"; shall be recruited by volunteer enlistment; shall consist of not more than two thousand men, and shall be assigned to regiments and brigades by the commander-in-chief. All enlistments therein shall be for three years, and made by signing enlistment papers in duplicate according to a form prescribed by the adjutant general, and taking the following oath or affir

СНАР. 56. "An act to amend an act entitled 'An aet to establish a military code for the state of Nebraska,' approved February 28th, A. D. 1881, and to repeal chapter 64, laws of 1881, as now existing." Laws 1887, Chap. 50. Took effect July 1, 1887.

mation, which may be administered by the enlisting officer or any commissioned officer of the rank of captain, to wit:

You do solemnly swear (or affirm) that you will bear true allegiance to the United States and the state of Nebraska, and that you will support the constitution thereof, and that you will serve the state of Nebraska faithfully in its military service for the term of three years unless sooner discharged, or you cease to become a citizen thereof, and that you will obey the orders of the commander-in-chief and such officers as may be placed over you, and the laws governing the military force of the state of Nebraska-So help me God.

SEC. 4. [Organization-Discipline.]-The organization of the Nebraska National Guard shall conform to the provisions of the laws of the United States, and the system of discipline and of exercise shall conform as nearly as may be to those of the army of the United States.

SEC. 5. [General-Staff.]-The staff of the commander-in-chief shall consist of an adjutant general with the rank of brigadier-general, who shall be exofficio chief of the staff; a quartermaster and commissary general and a surgeon general, each with the rank of colonel; an inspector general with the rank of lieutenant colonel; a judge advocate general with the rank of major and as many aides-de-camp as he may think proper, each with the rank of colonel, who shall serve without pay or emoluments in time of peace. The adjutant general shall issue and transmit all orders of the commander-in-chief with reference to the militia or military organizations of the state, and shall keep a record of all officers commissioned by the governor, and of all general and special orders and regulations, and of all such matters as pertain to the organization of the state militia and Nebraska National Guard, and perform the duties of a adjutant, quartermaster and commissary general, except in time of war or insurrection, in which case the duties of the commissary and quartermaster general shall be performed by that officer. He shall have charge of, and shall receive and issue all ordnance and ordnance stores, camp and garrison equipage and other public property pertaining to the militia or national guard of the state, on the order of the commander-in-chief. The adjutant general shall receive for his services the sum of one thousand dollars ($1,000) per annum. He shall have charge of and carefully preserve the colors, flags, guidons and military trophies of war belonging to the state, and shall not allow the same to be loaned out or removed from their proper place of deposit. He shall furnish, at the expense of the state, all proper blank books, blanks and forms, and such military instruction books as shall be approved by the commander-in-chief. He shall also, on or before the first day of December next preceding the regular session of the general assembly, make out a full and detailed account of all the transactions of his office, with the expenses of the same for the preceding two years, and such other matters as shall be required by the governor; and shall also report at such other times as the governor may require. He shall make such reports, returns, etc., to the war department or the president of the United States as may be required by law or regulations. He shall reside at the state capital, and shall hold his office during the pleasure of the governor. The quartermaster and commissary general shall take care of all public property belonging to his department, and when required by the commander-in-chief shall procure transportation, supplies, subsistence, etc., for the troops. He shall make such reports and returns to the war department and the president of the United States as may be required by law or regulations, and shall annually report to the commander-in-chief on or before the first day of December of each year a complete inventory of such property and the place in which it is deposited, with a detailed account of all articles consumed or issued and money expended in his department not previously reported. The quartermaster and commissary general shall execute all orders given him by the commander-in-chief and shall execute a bond with sureties to the state, to be approved by the state treasurer, in the sum of fifteen thousand ($15,000) dollars, conditioned for the faithful performance of the duties of his office. The surgeon

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general shall examine and determine the candidates for regimental surgeons and hospital stewards, and shall, under the direction of the commander-in-chief, have general supervision and control of all matters pertaining to the medical department of the Nebraska National Guard. He shall prescribe the physical and mental disabilities exempting from military duty. He shall be the chief purchasing and disbursing officer of his department. He fills all requisitions, as he shall approve, made upon him for medical and hospital supplies for use of sick or wounded while on actual duty, when such requisitions are made by the surgeons or assistant surgeons of regiments or detachments. He shall make such inspection in regard to the sanitary condition of encampments and care of sick in hospitals as he may deem necessary and report in writing on or before the first day of December of each year to the commander-in-chief through the adjutant general. He shall keep a roster of all medical officers of the Nebraska National Guard, and shall be informed by the adjutant general of all changes by commission, discharge, death or leave of absence. The inspector general superintends all inspections of the national guard and militia made in compliance with the law, regulations or the special orders of the commander-in-chief. He shall report in writing to the commander-in-chief through the adjutant general on or before the first day of December in each year, stating what has been done during the year by himself and assistants, calling attention to what is defective and suggesting remedies for existing errors. The judge advocate general is the legal adviser of the military department of the state of Nebraska in such matters pertaining to the government of the national guard and militia as may be referred to him by the commander-in-chief. He reviews all proceedings of court martial which require the action of the commander-in-chief, reporting thereon in writing. He brings such suits as may be required by law. He shall on or before the first day of December in each year make his annual report to the commander-in-chief through the adjutant general. He may be detailed by the commander-in-chief to attend any encampment, and in such case has, during the encampment, within the encampment and for a distance of one mile from the guard-line, the jurisdiction of a municipal court over all offenses committed in said time.

SEC. 6. [Brigade and staff.]-The regiments, battalions and companies shall constitute one brigade under the command of a brigadier-general, appointed by the commander-in-chief; on the recommendation of the brigadier-general, the governor may appoint and commission the brigade staff, as follows: One assistant adjutant general, and one surgeon, each with rank of major; one quartermaster and one commissary of subsistence, each with the rank of captain; and two (2) aids-de-camp, each with rank of first lieutenant; all of whose commissions shall expire with that of the brigadier-general recommending their appointment.

SEC. 7. [Regiment Officers.1-Each infantry regiment shall consist of ten companies, one colonel, one lieutenant-colonel, one major, one surgeon, and one chaplain, each with the rank of captain; one adjutant, one quartermaster, one sergeant-major, one quartermaster-sergeant, one hospital steward, and one chief musician, who shall be instructor of music, and two principal musicians. The adjutant and quartermaster shall be extra lieutenants, selected from the first lieutenants of the regiment.

SEC. 8. [Infantry company.]-Each company of infantry shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster sergeant, four sergeants, four corporals, two musicians, all to be nominated by the company, and not less than thirty nor more than forty privates. The governor may increase the number of privates to fifty whenever the exigencies of the service may require such increase.

SEC. 9. [Cavalry troop.]-A troop of cavalry shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster sergeant, five sergeants, four corporals, two trumpeters, two farriers, one saddler, one wagoner, and such number of privates, not exceeding seventy-eight, as the governor may direct.