Any commissioned officer assigned to special duty by the governor or under the governor's authority must be paid duty pay for the time actually employed, and the officer's necessary traveling expenses and subsistence when such payment is authorized by the governor. Judge advocates must be paid such compensation as shall be approved by the governor for services in bringing any suits provided for in this title, and in actions or proceedings by habeas corpus, certiorari, or otherwise.

Repealed by omission from this code.

Any person referred to in section 37-01-25, who within ninety days after receiving a discharge other than dishonorable from such active noncivilian service, and who is not physically or otherwise incapacitated to perform the duties of the position formerly held by the person, applies for such position held by the person at the time of entering such active service, must be given such position or one of like seniority, status, and pay, and is immune to discharge from said position except for cause, as defined by the department of veterans' affairs, for a period of one year after entering upon

All officers and employees of this state or of a political subdivision thereof who:

1. Are members of the national guard;

2. Are members of the armed forces reserve of the United States of America;

3. Shall be subject to call in the federal service by the president of the United States; or

Troops occupying a military district established under martial law, if necessary, may pursue, arrest, and subpoena persons wanted in said military district, anywhere within this state.

All matters relating to the organization, discipline, and government of the national guard, not otherwise provided for in this title or in the general regulations, must be decided by the custom and usage of the armed forces of the United States.

The governor may make such rules and regulations as deemed expedient for the government of the military forces of this state, but such rules and regulations must conform to the provisions of this title and, as nearly as practicable, to those governing the armed forces of the United States. When promulgated, such rules and regulations have the same force and effect as the provisions of this title and may not be repealed, altered, amended, or added to except by the commanding officer of the national guard with the approval of the governor.

No body of people, other than the regularly organized units of the national guard and militia and the troops of the United States, may associate themselves together as a military company or organization or parade in public with firearms, and no municipality may raise or appropriate any money toward arming or equipping, uniforming or in any other way supporting, sustaining, or providing drillrooms or armories for, any such body of people.

In a place declared by proclamation of the governor to be in a state of insurrection, any person who shall:

1. Resist the execution of process;

2. Aid the rescue or escape of another from lawful custody or confinement; or

3. Resist a force ordered out by the governor to quell or suppress an insurrection, is guilty of a class C felony.

Upon any occasion of duty, the commanding officer may place under arrest during the continuance of such duty any person who shall:

1. Trespass upon the campground, parade ground, armory, or other place devoted to such duty;

2. Interrupt or molest in any way or manner the orderly discharge of duty by those under arms; or

3. Disturb or prevent the passage of troops going to or returning from such duty.