37-02-04. Governor to be commander in chief of militia - Inability of governor to act

37-02-04. Governor to be commander in chief of militia - Inability of governor to act The military establishment of this state consists of a department of the army, a department of the air force, and a department of military records. The governor of this state, by virtue of that office, is commander in chief of the military establishment except as to such portions thereof as at times may be in the service of the United States. The adjutant general as chief of staff in the name of the governor shall transmit orders to staff officers and commanders of subordinate units. Whenever the governor is unable to perform the duties of commander in chief, the adjutant general is in command.