The Lincoln Times

Questions Asked Every Day Are Answered As Briefly As Possible.

What is the North Carolina State Guard? What is its function and who is its authority? We have this question asked us every day, and as briefly as possible we will try to answer.

It is an organization authorized to bear arms, created by an act of Congress October 19, 1940, amending the National Defense Act of June 16, 1916. There is a distinct difference between the State Guard and the Home Guard. The State Guard is an organization, armed and disciplined under and by the authority of an act of Congress and an act of the General Assembly of North Carolina, passed in conformity with the act of Congress, whereas the Home Guard is not recognized by these acts.

The status of a man duly enlisted in the State Guard when on duty is that of a soldier in the military service of the state, subject to the articles of war prescribed for the conduct of the army of the United States. In case he is called into the service of the state to repel invasion by the national enemy he is recognized as a belligerent and entitled to all the considerations guaranteed under rules of international law.

The mission of the State Guard is to maintain the law, suppress disorder, protect life and property of individuals within the state. To meet such domestic emergencies as may arise within the state, including civil disturbances and disasters resulting from war or other causes. To guard and protect vital industries, installations, communications and facilities essential to the war effort when other means, such as local protection by civil guards are deemed inadequate. To prevent or suppress the activities of enemy agents, such as fifth columnists and parachute troops, either in the absence of or in conjunction with federal troops. Cooperate with federal military authorities in extreme emergencies, especially in information and observation duties at or near frontiers and evacuation of civilians. To perform such other duties as were assigned to the national guard when not on federal duties.

The Governor of the State of North Carolina is our Commander in Chief, and we are subject to his orders only. The Guard is a state force and cannot be ordered out of the state. Its authority stops at the state line.

The Guard may be called into service by the Governor of North Carolina when he is convinced that a situation is beyond the control of civil authorities. The order is issued by the Governor through the Adjutant General. The Guard will report to the sheriff of the county or chief of police in the community where the disturbance has occurred.

The fact that the Guard may be ordered to the scene of a disturbance does not mean that it will take over the civil authority; they will act only in conjunction with the civil authorities. Only when martial law has been declared will the Guard take over in entirety.

The mission of the State Guard is to restore order in the minimum time and to do this the commanding officer may affect any seizure of property, destroy any property or seize any person vital to the success of the mission, but in this he must be governed by the following rules:

1. Use only such force as is necessary.
2. Troops must not attempt to punish.
3. Private property must be respected.
4. Public property must be protected.
5. Every effort must be made to induce rioters to disperse before resorting to the use of arms.

Guardsmen when called into the service of the state have the same authority as sheriffs and deputies. It is therefore necessary that we have well trained, efficient men who have an understanding of the laws of the country.

We now have 40 men in the 29th Company of the North Carolina State Guard, but we need at least ten more and we would like to have 25 more. Today we received a letter from the Adjutant General authorizing us to build the company past the maximum of 50 enlisted men. We would like to have at least 65 well trained men in our company.

It would be entirely possible for the Congress of the United States to enact a law to induct men into the various State Guard units to bring them to full strength.

We have hundreds of men in Lincoln county qualified for State Guard service. Come to the armory on either Friday or Monday night and talk it over with us.