1893 public laws – Ch.374 Sec.4

That whenever it shall be necessary for any purpose to call out any portion of the militia the commander-in-chief shall order by draft, or otherwise, or accept as volunteers, as many as may be required. The commander-in-chief shall be the sole judge of the necessity of ordering out the militia except as hereafter provided for. Every member of the militia who volunteers, or who is drafted under the provisions of this act, who does not attend at the time and place designated, may be arrested by order of the commander-in-chief, or any officer in command, or with troops ordered out, or drafted, and punished by a court-martial as for desertion. The portion of the militia ordered out or accepted shall be mustered into service for such period as the commander-in-chief may require, and may be assigned to existing organizations of the active militia, or organized as the exigencies of the occasion may require.