CHAPTER 540

An Act to provide how orders from the Federal government and officers,
agencies or departments thereof relating to the State Militia and
other State military forces shall be transmitted, to prescribe the pro-
cedure for handling the same and to provide penalties for failure or
refusal to comply with the provisions hereof. CH 385]

Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:
1. § 1. All orders from the Federal government or any of its officers,
agencies or departinents to the State Militia of Virginia, including the
national guard, the naval militia, and the unorganized militia which relate
to the call, induction, drafting of Virginia State troops of any type or
description, into the Federal service for active duty or otherwise and with-
drawing them from the control of the Governor of Virginia shall be first
transmitted to and through the Governor of Virginia. The Governor, as
Commander in Chief of the State Militia, shall not approve, consent to, or
concur in any such order which has not been transmitted as herein required.

§ 2. If the Adjutant General of Virginia, or during his absence, any
of his assistants, or anyone else in the Department of Military Affairs
of the Commonwealth of Virginia, either in a civilian or military status,
shall receive an order of the nature required in § 1 to be transmitted to
the Governor, he shall immediately notify the Governor of Virginia of
such receipt and the contents of this order by the most expeditious means,
and no action shall be taken by anyone towards notifying the individuals
of organizations of the Virginia Militia of the contents of such orders or
directions received from the Federal government on this subject by any
of its agencies or representatives until the Governor has been first advised
and instructions from him have been complied with fully.

__§ 3. If the Adjutant General or anyone else in the Department of
Military Affairs should receive such a message of the kind referred to in
§ 1 hereof and fail to notify the Governor immediately, and subsequently
transmits such orders, for the purpose of having such orders executed, to
any personnel of the State Militia, or to any person other than the
Governor, then such order or orders shall be illegal, null and void.

§ 4. Nothing in this act shall prevent the Governor from drafting
all male citizens into the State military service if he may so desire in ac-
cordance with the military laws of Virginia.