48-242. Request for aid by sheriff or mayor; duties. (a) In case of any breach of the peace, tumult, riot, resistance to process in this state, public disaster or imminent danger thereof, it shall be lawful for the sheriff of any county or the mayor of any city to call upon the commander in chief, or in the commander in chief's absence, upon the adjutant general, for aid.

(b) Such request for aid shall be in writing and it shall be the duty of the commander in chief or the adjutant general, if in that officer's judgment the circumstances demand military aid, to order into the active service of the state the available militia in such numbers and organizations as the conditions require. The commanding officer of such militia will report to the sheriff or mayor asking aid, will cooperate with the sheriff or mayor and the civil authorities and will render all assistance in the commanding officer's power to preserve the peace and execute the laws of the state.

(c) The commanding officer of such militia called into active service shall handle and maneuver the command in accordance with the commanding officer's own judgment and if the commanding officer has reason to believe that the civil authorities are not acting judiciously or are not sincerely endeavoring to preserve the peace or execute the laws, the commanding officer shall at once report the fact to the commander in chief and hold in readiness to carry out such instructions as the commanding officer may receive in response.

History: L. 1901, ch. 255, § 42; R.S. 1923, 48-242; L. 1957, ch. 306, § 6; L. 2024, ch. 78, § 46; July 1.